Search | Punch and Jurists

U.S. v. Williams, No. 92 CR 1131 (E.D.N.Y.) (146 F.Supp.2d 249) (May 30, 2001) (Judge I. Leo Glasser)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Williams, No. 92 CR 1131 (E.D.N.Y.) (146 F.Supp.2d 249) (May 30, 2001) (Judge I. Leo Glasser) by Here, on remand from the 2nd Circuit, Judge Glasser took sharp issue with that court's ruling that he should have excluded from his drug quantity assessment all drugs that the defendant …

U.S. v. Antonakeas, No. 99-10002 (9th Cir.) (255 F.3d 714) (June 19, 2001) (Judge Proctor Jr. Hug)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Antonakeas, No. 99-10002 (9th Cir.) (255 F.3d 714) (June 19, 2001) (Judge Proctor Jr. Hug) by In this decision, the panel held that the Apprendi rule does not apply to the imposition of mandatory minimum sentences - a decision that appears to have ignored another panel's decision in …

U.S. v. Watts, No. 00-4008 (7th Cir.) (256 F.3d 630) (July 5, 2001) (Judge Richard D. Cudahy)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Watts, No. 00-4008 (7th Cir.) (256 F.3d 630) (July 5, 2001) (Judge Richard D. Cudahy) by

Henrikson v. Guzik, No. 00-10810 (5th Cir.) (249 F.3d 395) (April 24, 2001) (Judge Will L. Garwood)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

Henrikson v. Guzik, No. 00-10810 (5th Cir.) (249 F.3d 395) (April 24, 2001) (Judge Will L. Garwood) by In this case, the Fifth Circuit invalidated a Bureau of Prisons Program Statement and ruled that a federal statute that requires the Bureau of Prisons to notify law enforcement authorities of the …

U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore) by Here the Court held that Apprendi applies to findings of fact that trigger a mandatory minimum sentence under 18 USC § 841, even if the sentence actually imposed does not exceed the …

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi) by Here the Second Circuit joined with the Seventh, Eighth and Ninth Circuits in holding that when sentencing a defendant for possession of drugs with intent to distribute it is improper to include in …

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold) by In this case,q divided panel from the the Eighth Circuit joined with decisions from the 2nd, 7th and 9th Circuits in holding that when calculating the base offense level under U.S.S.G. § …

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy)

Article • March 12, 2001

Filed under: Punch And Jurists, Drug Mixtures/Purity

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy) by Like its earlier decision in Chapman v. U.S., 500 U.S. 453 (19910, this case also involved the calculation of the weight of LSD for purposes of sentencing. This time the …

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett) by Here the Court analyzed in depth the conflicting law in the Circuits on the issue of whether, in a drug case involving methamphetamine, the district court may include unusable and unmarketable mixtures …

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler) by Here the Court held that the enhanced sentence for drug violations involving at least 50 grams of cocaine base, as set forth in § 841(b)(1)(A), applies only to a single violation involving …

U.S. v. Ramirez, No. 98-6130 (6th Cir.) (242 F.3d 348) (February 16, 2001) (Judge Gilbert S. Merritt)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Ramirez, No. 98-6130 (6th Cir.) (242 F.3d 348) (February 16, 2001) (Judge Gilbert S. Merritt) by From the beginning, Judge Merritt has been a strong proponent of a broad and far-reaching interpretation of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000). He dissented …

U.S. v. LaFreniere, No. 99-1318 (1st Cir.) (236 F.3d 41) (January 2, 2001) (Judge Salvador E. Casellas)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. LaFreniere, No. 99-1318 (1st Cir.) (236 F.3d 41) (January 2, 2001) (Judge Salvador E. Casellas) by In this case the First Circuit held that a drug weight that requires a statutory mandatory minimum sentence need not be submitted to a jury nor proved beyond a reasonable doubt under …

U.S. v. Flowal, No. 99-5357 (6th Cir.) (234 F.3d 932) (December 11, 2000) (Judge Thomas A. Jr. Wiseman)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Flowal, No. 99-5357 (6th Cir.) (234 F.3d 932) (December 11, 2000) (Judge Thomas A. Jr. Wiseman) by In 1996, following a jury trial, the defendant in this case, Michael Angelo Flowal, was sentenced to life imprisonment without the possibility of parole for possession with intent to distribute 5.2 …

U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam) by This is the third of the Fifth Circuit’s trilogy of cases dealing with Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The other two were U.S. v. Meshack, 225 F.3d 556 (5th Cir. 2000) …

U.S. v. Aguayo-Delgado, No. 99-4098 (8th Cir.) (220 F.3d 926) (July 18, 2000) (Judge Pasco M. II Bowman)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Aguayo-Delgado, No. 99-4098 (8th Cir.) (220 F.3d 926) (July 18, 2000) (Judge Pasco M. II Bowman) by United States v. Sheppard, 219 F.3d 766 (8th Cir. 2000) (Judge Loken) United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000) (Judge Bowman) In late June, the Supreme Court handed …

U.S. v. Prince, No. 98-6361 (6th Cir.) (214 F.3d 740) (June 1, 2000) (Judge Sandra S. Beckwith)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Prince, No. 98-6361 (6th Cir.) (214 F.3d 740) (June 1, 2000) (Judge Sandra S. Beckwith) by In this case the Sixth Circuit held that a fraud scheme, in which victims wired funds to third parties who later transferred the funds to the defendants, was punishable under a federal …

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White) by This case is particularly noted for Justice Black's dissent, in which he observed: "The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too familiar …

Warth v. Seldin, No. 73-2024 (U.S. Supreme Court) (422 U.S. 490; 95 S.Ct. 2197) (June 25, 1975) (Justice Powell)

Article • June 17, 2000

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

Warth v. Seldin, No. 73-2024 (U.S. Supreme Court) (422 U.S. 490; 95 S.Ct. 2197) (June 25, 1975) (Justice Powell) by Here the Court held that in civil rights suits for damages "[T]he plaintiff generally must assert his own legal rights and interests, and cannot rest his claim to relief on …

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha) by We also reported this case in connection with another issue, namely the Tenth Circuit’s far-reaching holding that specific references in an indictment to statutes that set forth a sentencing cap do not …

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook) by In this drug case the Seventh Circuit reversed as improper a six-level upward departure that had been imposed at sentencing by the district court because of the unusually high purity of the …