Search | Punch and Jurists

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer) by This is a rare case in which the court held that a second sentence imposed after a prior remand was vindictive, and affirmed that vindictiveness can play no part in resentencing after …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by After one defendant pled guilty and received a 36 month sentence, the court granted a significant downward departure on numerous grounds when the government sought sentences of 188 to 235 months …

U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw) by This case is noted because it contains a good summary of the prevailing inter-Circuit conflict on the question of what issues may be raised at a resentencing hearing following a remand. In …

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold) by This is one of those wild and wooly cases that arose out of a "massive land and air surveillance" of a now 75 year old defendant and his automobile by "approximately fifty …

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant) by In 1981, the petitioner in this case was arrested and charged with a murder that took place in 1974. He moved to dismiss the charges on the grounds that …

U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam) by On this rehearing, the court divided; but Judge Noonan wrote that when a § 2255 motion is brought to vacate a sentence that is illegal by virtue of a later Supreme Court ruling, the …

U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam) by In this case, the defendant had been sentenced to two consecutive terms, one for a drug trafficking conviction and one for a §924(c) conviction. After the defendant successfully challenged his §924(c) conviction …

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg) by Court reversed decision dismissing second indictment for prosecutorial vindictiveness.

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg) by Court reversed decision dismissing second indictment for prosecutorial vindictiveness. This is a noteworthy decision involving prosecutorial vindictiveness. The defendant, boxing promoter Don King, was indicted on nine counts of wire fraud in connection …

U.S. v. Bordeaux, No. 96-3968 (8th Cir.) (121 F.3d 1187) (August 6, 1997) (Judge Donald P. Lay)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bordeaux, No. 96-3968 (8th Cir.) (121 F.3d 1187) (August 6, 1997) (Judge Donald P. Lay) by After original conviction on a lesser charge was vacated due to the failure of the district court to include an essential element of the crime charged, the Government brought a new indictment …

Johnson v. Sawyer, No. 96-20667 (5th Cir.) (120 F.3d 1307) (August 21, 1997) (Judge Rhesa Hawkins Barksdale)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Appearance of Justice/Impartiality

Johnson v. Sawyer, No. 96-20667 (5th Cir.) (120 F.3d 1307) (August 21, 1997) (Judge Rhesa Hawkins Barksdale) by While the Court acknowledged that the power to reassign pending cases to different judges is an extraordinary one, it exercised that right due to flagrant and abusive interference by the district judge …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart) by Here using what it called the "aggregate sentencing approach", the Court held that the "presumption of vindictiveness" discussed in North Carolina v. Pearce did not apply to the facts of this case …

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by Here the court relied on a little-used statute, 28 U.S.C. § 2106, to justify the imposition of a sentence enhancement on some counts that had not been appealed after the defendant successfully …

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington) by Court dismissed new indictment on gun charges after State court acquitted defendant on murder charge. Judge Harrington from Massachusetts wrote a scorching opinion in the Stokes case, as he emphatically dismissed …

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker)

Article • August 1, 1995

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker) by Case held that district court improperly participated in plea bargaining process by commenting on the possible sentence the defendant would receive if convicted on all counts and it vacated sentence and remanded …