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U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman) by In an appeal from conviction for tax-evasion,the Sixth Circuit held that the district court had abused its discretion in requiring defendant to undergo testing and treatment for drug and alcohol abuse, and …

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore) by Here the Court held that delegation of determination of the amount of restitution to the Tax Court or the IRS, after a tax evasion conviction, is impermissible as an abrogation of the …

Gerber v. Hickman, No. 00-16494 (9th Cir.) (291 F.3d 617) (May 23, 2002) (Judge Barry G. Silverman)

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

Filed under: Punch And Jurists, Association - Right of

Gerber v. Hickman, No. 00-16494 (9th Cir.) (291 F.3d 617) (May 23, 2002) (Judge Barry G. Silverman) by In this case, the plaintiff, a state inmate, was serving a sentence of 100 years to life plus 11 years. He wanted to artificially inseminate his wife because he was ineligible for …

U.S. v. Coleman, No. S2-401CR296ERW (E.D.Mo.) (202 F.Supp.2d 962) (February 15, 2002) (Judge E. Richard Webber)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Coleman, No. S2-401CR296ERW (E.D.Mo.) (202 F.Supp.2d 962) (February 15, 2002) (Judge E. Richard Webber) by The defendant in this case was charged with conspiring to commit armed robbery of financial institutions, attempted armed bank robbery, and using, carrying, and brandishing firearms during, and in relation to a robbery. …

U.S. v. Hebroni, No. 02-1106 (2nd Cir.) (2002 U.S. App. LEXIS 4120) (March 13, 2002) (Per Curiam)

Article • April 1, 2002 • from P&J November, 2003

Filed under: Punch And Jurists, Special Conditions

U.S. v. Hebroni, No. 02-1106 (2nd Cir.) (2002 U.S. App. LEXIS 4120) (March 13, 2002) (Per Curiam) by United States v. Hebroni, No. 02-1106 (2nd Cir. 03/13/2002) (Per Curiam) (Unpublished) United States v. Speed Joyeros, S.A., No. 00 CR 960 (E.D.N.Y. 2002) (Judge Weinstein) In the 4/15/02 issue of P&J, …

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein) by For decades it has often seemed as if Judge Weinstein was one of the few judges who really understood the enormous advantages that the Government achieves by throwing defendants in jail …

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman) by The defendant in this case pled guilty to receiving child pornography on the third day of his trial, after the Government presented evidence that he had received on his home computer via …

Eunique v. Powell, No. 99-56984 (9th Cir.) (281 F.3d 940) (February 22, 2002) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Travel Restrictions

Eunique v. Powell, No. 99-56984 (9th Cir.) (281 F.3d 940) (February 22, 2002) (Judge Ferdinand F. Fernandez) by Although this case does not directly deal with persons who have been formally charged with crimes, it does deal with an offshoot of the growing web of criminal statutes that make it …

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman) by Here, Judge Adelman took issue with the Ninth Circuit and, in a text book example of statutory construction, held that halfway-house detention cannot lawfully be imposed as a condition of supervised release under …

U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour) by Here, somewhat modifying its prior precedent which had rejected a broad prohibition against use of the Internet during a term of supervised release, the Court upheld such a restriction since the use …

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King) by Here the Court affirmed several special conditions of supervised release for a person convicted of various child pornography crimes, including a prohibition on the use of the Internet and a prohibition on …

Gerber v. Hickman, No. 00-16494 (9th Cir.) (264 F.3d 882) (September 5, 2001) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Association - Right of

Gerber v. Hickman, No. 00-16494 (9th Cir.) (264 F.3d 882) (September 5, 2001) (Judge Myron H. Bright) by For the record, we note that a divided panel from the Ninth Circuit held in this case that a prisoner who is incarcerated for life has a constitutional right to mail his …

Tremper v. Ulster County Dept. of Probation, No. 01-CV-1125 (N.D.N.Y.) (160 F.Supp.2d 352) (August 22, 2001) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Special Conditions

Tremper v. Ulster County Dept. of Probation, No. 01-CV-1125 (N.D.N.Y.) (160 F.Supp.2d 352) (August 22, 2001) (Judge David N. Hurd) by

Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore)

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

Filed under: Punch And Jurists, Special Conditions

Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore) by Here the Court rejected challenges under both the First Amendment and the Religious Freedoms Restoration Act to an unusually broad series of parole conditions that barred a religious leader from associating …

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio) by In this case the Court overturned a special condition of probation requiring that the defendant "shall not possess a computer with Internet access throughout his period of supervised release." (Id., at 1201). …

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky) by Here the Court upheld a special condition of supervised release allowing for random, warrantless searches of the defendant or his property by hisprobation officer as a justifiable means of enforcing the prohibition …

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam) by This is a rare case in which the Court vacated a series of exceptionally broad and onerous special conditions of probation that were imposed on a defendant convicted of bank robbery but which were …

U.S. v. Sicher, No. 00-1862 (3rd Cir.) (239 F.3d 289) (December 15, 2000) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Sicher, No. 00-1862 (3rd Cir.) (239 F.3d 289) (December 15, 2000) (Judge Maryanne Trump Barry) by This is one of those cases that shows the great and abiding concern of a benevolent government for the care and well-being of its huge numbers of ex-felons. The defendant in this …

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam) by

U.S. v. Brown, No. 00-1046 (1st Cir.) (235 F.3d 2) (December 18, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Brown, No. 00-1046 (1st Cir.) (235 F.3d 2) (December 18, 2000) (Judge Bruce M. Selya) by This case provides one of the most detailed analyses we have seen recently of the general considerations that apply to the imposition of special conditions of supervised release, under U.S.S.G. § 5D1.3. …