Search | Punch and Jurists

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson) by This supervised release case is noted principally for its detailed discussion of the legislative history of 18 U.S.C. § 3563(b) and its focus on what the Court described as a "clerical error" in …

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum) by The proverb that bad cases make bad law probably had a lot to do with the decision in this case. Here, the defendant pled guilty to bank fraud. The case does not …

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis) by This case addressed two issues arising out of America's growing abhorrence with child sexual molestation. First, the Court addressed the issue of whether a 39-year old defendant could be ordered to pay, …

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by This case shows some of the short-sighted absurdities of justice in America. The defendant was a homeless and mentally disturbed man who was found incompetent to stand trial. Following a stint in a …

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins) by United States v. Medina, 17 F.Supp.2d 245 (S.D.N.Y. 1998) (Judge Sweet) United States v. Fellows, 157 F.3d 1197 (9th Cir. 1998) (Judge Wiggins) Both of these cases are prime examples of what …

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker) by As the numbers of defendants serving terms of supervised release grows geometrically each year, more and more courts seem to accept routine requests from the Probation Office that special conditions be imposed …

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter) by Court upheld a special condition of supervised release that the probationer "be subject to search of his person and property by probation.". United States v. Germosen, 139 F.3d 120 (2nd Cir. …

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple) by Here, the Court rejected a claim that the district court had improperly delegated too much discretion to the Probation Officerto set a schedule for the payment of restitution. The Court did acknowledge …

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by In this case the court upheld a special condition of supervised release requiring the defendant convicted of violating the International Parental Kidnapping Crime Act to effect the return of his children to …

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by Court held that while district courts have broad discretion to tailor conditions of supervised release to goals and purposes of sentencing, the Guidelines do not provide sentencing courts with untrammeled discretion in …

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Special Conditions

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour) by

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Special Conditions

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl) by The Court found that the defendant's offense conduct involved the extortionate extension of credit; and thus the condition of prescreening new credit charges and credit lines "is a reasonable information-gathering device for …

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt) by Case held that conditioning supervised release upon payment of court appointed attorneys fees was error since that condition was not reasonably related to any of the three conditions specified in 18 USC § …

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann)

Article • October 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann) by Case held that condition of probation requiring defendant to associate only with law-abiding persons was not improperly amended when probation officer officer required defendant to sign form that expanded terms of prohibition. …

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney) by Here's an interesting supervised release case. Judge Raggi imposed a special condition of supervised release requiring the defendant to repay his all of his personal debts that were unrelated to his criminal …

U.S. v. Thurlow, No. 94-1785 (1st Cir.) (44 F.3d 46) (January 19, 1995) (Per Curiam)

Article • March 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Thurlow, No. 94-1785 (1st Cir.) (44 F.3d 46) (January 19, 1995) (Per Curiam) by A case dealing with special conditions of supervised release - this one upholding the authority of a court to require total abstention from alcohol during a three year term of supervised release, even though …

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby) by Here the court held that although court may require defendant to make restitution under Victim and Witness Protection Act within specified period or in specified installments, duration of such period or last such …

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips) by Case held It was improper to require defendant to sign long-term promissory note in favor of victim, where payments would extend beyond the 5 years' probation imposed and thus beyond the …

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski) by Here the defendant was ordered to participate in a program approved by the probation office for treatment of narcotic addiction or drug dependency; and to abstain from the use of alcohol and/or other …

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam) by Case held that under Victim and Witness Protection Act, court could not require defendant to execute consent judgment or otherwise require him to secure payment of restitution "during and after the period of probation.".