Search | Punch and Jurists

U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler) by This is a case that shows the importance of staying on top of the inordinately complex rules that often apply when district courts attempt to use “relevant conduct” and uncharged crimes as …

U.S. v. Harrison, No. 99-4417 (4th Cir.) (272 F.3d 220) (November 16, 2001) (Judge Roger L. Gregory)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harrison, No. 99-4417 (4th Cir.) (272 F.3d 220) (November 16, 2001) (Judge Roger L. Gregory) by Here the defendants were convicted of armed bank robbery and of using or carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). At sentencing, the district …

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood) by Here the 6th Circuit rejected an Apprendi challenge to a life sentence based on the district court's finding of an intentional killing during a drug conspiracy under 21 USC § 848(e)(1)(A) stating …

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman) by One of the issues raised on appeal be the defendant in this case was that the sentencing enhancements increasing his sentence were improperly applied in light of Apprendi. The defendant conceded …

U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam) by Here, in remand from the Supreme Court, the 5th Circuit held that the district court plainly erred when it failed to submit to the jury drug quantity as an element of the offense and …

U.S. v. Cathey, No. 00-10414 (5th Cir.) (259 F.3d 365) (July 19, 2001) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Cathey, No. 00-10414 (5th Cir.) (259 F.3d 365) (July 19, 2001) (Judge Patrick E. Higginbotham) by Here the Court held that even though a jury fails to make a specific finding and acquits the defendant of causing the death of another, for purposes of sentencing on other charges, …

U.S. v. Gonzalez-Gonzalez, No. 00-2014 (1st Cir.) (258 F.3d 16) (July 19, 2001) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gonzalez-Gonzalez, No. 00-2014 (1st Cir.) (258 F.3d 16) (July 19, 2001) (Judge Sandra L. Lynch) by As stated by the Court: "This case presents a question this court previously reserved: what is the standard to be applied to a criminal defendant's motion for a new trial where the …

U.S. v. Titchell, No. 00-3193 (3rd Cir.) (261 F.3d 348) (August 16, 2001) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Titchell, No. 00-3193 (3rd Cir.) (261 F.3d 348) (August 16, 2001) (Judge Marjorie O. Rendell) by Here the Court rejected a claim that Apprendi required that certain factors that affected the defendant's sentence for a mail fraud conviction had to be submitted to the jury since the ultimate …

U.S. v. $10,700 in U.S. Currency, No. 00-1635 (3rd Cir.) (258 F.3d 215) (July 19, 2001) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. $10,700 in U.S. Currency, No. 00-1635 (3rd Cir.) (258 F.3d 215) (July 19, 2001) (Judge Marjorie O. Rendell) by The claimants in this case, Allan Johnson and Jermaine Thomas, were stopped for a traffic violation while driving in a highway outside of Wilmington, DE. The police officer became …

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones) by Here, on remand from the Supreme Court, the Court vacated a sentence imposed in a drug case where the jury was "not even inferentially asked" to determine the quantity of drugs - …

U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza) by In this drug case, the majority vacated the defendant's drug sentence based on Apprendi. However, Judge Parker, who concurred specially because he was constrained to do so by Circuit precedent, wrote about …

U.S. v. Cabeza, No. 00-14583 (11th Cir.) (258 F.3d 1256) (July 25, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Cabeza, No. 00-14583 (11th Cir.) (258 F.3d 1256) (July 25, 2001) (Per Curiam) by Here, joining the 4th and 6th Circuits, the Eleventh Circuit held that Apprendi does not require jury in forfeiture proceeding to make factual determinations beyond reasonable doubt since forfeiture is a punishment, not an …

U.S. v. King, No. 00-3023 (D.C. Cir.) (254 F.3d 1098) (July 3, 2001) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. King, No. 00-3023 (D.C. Cir.) (254 F.3d 1098) (July 3, 2001) (Judge Douglas Ginsburg) by In its ruling, the Court stated: "In calculating King's sentence, the district court enhanced the applicable Guidelines range based upon facts it found by a preponderance of the evidence to be true but …

U.S. v. Austin, No. 00-2933 (8th Cir.) (255 F.3d 593) (June 18, 2001) (Judge Paul A. Magnuson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Austin, No. 00-2933 (8th Cir.) (255 F.3d 593) (June 18, 2001) (Judge Paul A. Magnuson) by Here the Court held that any Apprendi challenge to the imposition of a two-level leadership enhancement was "categoricaly barred" where that enhancement did not lead to the imposition of a sentence above …

U.S. v. Sullivan, No. 00-8012 (10th Cir.) (255 F.3d 1256) (July 11, 2001) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sullivan, No. 00-8012 (10th Cir.) (255 F.3d 1256) (July 11, 2001) (Judge Stephen H. Anderson) by The Court held that the Apprendi rule did not apply to sentencing factors (such as the loss calculations in the instant tax case under USSG § 2T1.1(c)(2)) that increased the defendant's guideline …

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher) by In this case the Court held that the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than plead guilty does not make him categorically …

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss) by Here the Court held that the Apprendi rule does not require the jury to make a finding that the defendant discharged a firearm in order for the defendant to be subjected …

U.S. v. Garcia, No. 99-2202 (6th Cir.) (252 F.3d 838) (June 7, 2001) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Garcia, No. 99-2202 (6th Cir.) (252 F.3d 838) (June 7, 2001) (Judge Alice M. Batchelder) by

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould) by Here the Court held the district court committed plain error by using only a preponderance of the evidence to impose two sentencing enhancements that more than doubled the defendant's sentence, but refused …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner) by This case is noted for Judge Rovner’s dissent in which she strongly objected to the majority’s refusal to grant a new trial to two petitioners who were sentenced to death after being …