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U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener) by The defendant in this case pled guilty to a single count of a multi-count indictment, admitting that he had participated in a conspiracy to distribute an unspecified amount of cocaine base. …

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam) by Here, the Seventh Circuit held, inter alia, that Apprendi does not require that drug quantities be treated as an “element” of a drug crime and that the failure to include the quantity of drugs …

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer) by Here a divided panel from the 9th Circuit held that the procedural requirements for filing an information to seek a sentencing enhancement under 21 USC § 851(a) is not jurisdictional in nature …

U.S. v. Cotton, No. 99-4162 (4th Cir.) (261 F.3d 397) (August 10, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Cotton, No. 99-4162 (4th Cir.) (261 F.3d 397) (August 10, 2001) (Judge J. Michael Luttig) by In this case the Fourth Circuit clarified the application of its holding in U.S. v. Promise, 255 F. 3d 150 (4th Cir. 2001), in an important way. In Promise, the Fourth Circuit …

U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris) by This case is one of the few that we have seen to interpret the scope of the so-called “savings clause” of 28 U.S.C. § 2255. While § 2255 is the primary avenue …

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch) by The defendant in this case, a criminal defense lawyer, was convicted of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), and two counts of money laundering, in violation …

U.S. v. Bowman, No. 69 (U.S. Supreme Court) (260 U.S. 94; 43 S.Ct. 39) (November 13, 2022) (Justice Taft)

Article • October 11, 2000

Filed under: Punch And Jurists, Jurisdiction - Extraterritorial

U.S. v. Bowman, No. 69 (U.S. Supreme Court) (260 U.S. 94; 43 S.Ct. 39) (November 13, 2022) (Justice Taft) by This case is noted for the broad framework adopted by the court for analyzing the extraterritorial effect of Federal criminal statutes, differentiating crimes against individuals or their property from crimes …

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King) by Here the Court held that the procedures set forth in § 851(a)(1) are “mandatory” and stated that “if the requirement is not satisfied, a court may not enhance a sentence even if …

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Jurisdiction

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya) by Here the First Circuit became the only Circuit to hold that the filing and notice requirements of 21 USC § 851(a)(1) (to establish prior convictions for sentence enhancement purposes) are not jurisdictional …

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides) by Among the many issues raised on this appeal was a challenge by two of the defendants that their mail fraud convictions were invalid because they were beyond the scope of the mail …

Charles v. Chandler, No. 98-5747 (6th Cir.) (180 F.3d 753) (June 18, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction

Charles v. Chandler, No. 98-5747 (6th Cir.) (180 F.3d 753) (June 18, 1999) (Per Curiam) by This case is noted for the Court's extended discussion of the scope of the so-called "savings clause" of 28 U.S.C. § 2255, which permits a prisoner to file a § 2241 petition if the …

Steffel v. Thompson, No. 72-5581 (U.S. Supreme Court) (415 U.S. 452; 94 S.Ct. 1209) (March 19, 1974) (Justice Brennan)

Article • July 15, 1999

Filed under: Punch And Jurists, Declaratory Relief

Steffel v. Thompson, No. 72-5581 (U.S. Supreme Court) (415 U.S. 452; 94 S.Ct. 1209) (March 19, 1974) (Justice Brennan) by Case held that federal declaratory relief is not precluded when a prosecution based upon an assertedly unconstitutional state statute has been threatened, but is not pending, even if a showing …

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Mandates and the Mandate Rule

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by Here the Court held that, since the Government failed to meet its burden of proof at the original sentencing, "resentencing does not invite an open season for the government to make the …

U.S. v. MacAllister, No. 97-2144 (11th Cir.) (160 F.3d 1304) (November 16, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction - Extraterritorial

U.S. v. MacAllister, No. 97-2144 (11th Cir.) (160 F.3d 1304) (November 16, 1998) (Per Curiam) by Here the Court held that the cocaine conspiracy statute could be applied extraterritorially to the defendant who was a Canadian citizen so long as his actions produced some effect in the U.S. or some …

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Mandates and the Mandate Rule

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by Court reversed a RICO conviction because district court violated the Mandate Rule and took jurisdiction of a case while on appeal. It is little wonder that RICO charges have become the Holy Grail of …