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U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman) by Although this case also dealt with “horizontal departures,” more than anything else, it represents a disquieting example of the power struggle between the Justice Department and the judiciary over who has the …

U.S. v. Westmoreland, No. 99-1491 (7th Cir.) (240 F.3d 618) (February 15, 2001) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists

U.S. v. Westmoreland, No. 99-1491 (7th Cir.) (240 F.3d 618) (February 15, 2001) (Judge Richard D. Cudahy) by

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards) by It took a long time for the D.C. Circuit to address Apprendi v. New Jersey, 530 U.S. 466 (2000), but its analysis of that decision was worth the wait. Here, not only …

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett) by Here the Court analyzed in depth the conflicting law in the Circuits on the issue of whether, in a drug case involving methamphetamine, the district court may include unusable and unmarketable mixtures …

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman) by The issue addressed in this case was “whether [under Apprendi] a jury, rather than a sentencing judge, must find a sentencing fact that affects only a Guidelines sentencing range within a statutory …

Buford v. U.S., No. 99-9073 (U.S. Supreme Court) (532 U.S. 59; 121 S.Ct. 1276) (March 20, 2001) (Justice Breyer)

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

Filed under: Punch And Jurists

Buford v. U.S., No. 99-9073 (U.S. Supreme Court) (532 U.S. 59; 121 S.Ct. 1276) (March 20, 2001) (Justice Breyer) by Here the Court held 18 U.S.C. § 3742(e) requires appellate courts to give due deference to a district court's application of a Guideline term to undisputed facts, such as whether …

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler) by Here the Court held that the enhanced sentence for drug violations involving at least 50 grams of cocaine base, as set forth in § 841(b)(1)(A), applies only to a single violation involving …

U.S. v. Peterson, No. 99-3967 (7th Cir.) (236 F.3d 848) (January 4, 2001) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Peterson, No. 99-3967 (7th Cir.) (236 F.3d 848) (January 4, 2001) (Judge William J. Bauer) by Here, the Court reversed a series of convictions for a Hobbs Act robbery of a drug dealer because the Government had failed to satisfy its burden of proof under the "depletion of …

U.S. v. Franklin, No. 99-10515 (9th Cir.) (235 F.3d 1165) (December 20, 2000) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists

U.S. v. Franklin, No. 99-10515 (9th Cir.) (235 F.3d 1165) (December 20, 2000) (Judge Ronald M. Gould) by

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero) by This case involves the re-sentencing of one of the lesser-known defendants who was prosecuted for his involvement with Timothy McVeigh and Terry Nichols in the bombing of the Murrah Federal Building in Oklahoma …

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig) by In Chapter One of the Guidelines Manual, the Sentencing Commission readily acknowledged that “[a] sentencing system tailored to fit every conceivable wrinkle of each case would quickly become unworkable and seriously compromise …

U.S. v. Wilkes, No. CR. 97-10235-NG (D.Mass.) (130 F.Supp.2d 222) (February 20, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Wilkes, No. CR. 97-10235-NG (D.Mass.) (130 F.Supp.2d 222) (February 20, 2001) (Judge Nancy Gertner) by Not surprisingly, in this Sentencing Memorandum, Judge Gertner has written an important addition to the body of Apprendi jurisprudence. Here, preempted by the First Circuit’s hasty rush to judgment on a number of …

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever) by In this case of first impression, the Court addressed the validity of a provision in a plea agreement which required the defendant to waive her rights to see favorable evidence, under Brady v. …

U.S. v. Siddiqui, No. 98-6994 (11th Cir.) (235 F.3d 1318) (December 15, 2000) (Judge Lloyd D. George)

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

Filed under: Punch And Jurists, Emails

U.S. v. Siddiqui, No. 98-6994 (11th Cir.) (235 F.3d 1318) (December 15, 2000) (Judge Lloyd D. George) by This case is noted principally as one of the first cases we have seen in which a Circuit court has upheld the use of e-mails as evidence in a criminal case. Here …

U.S. v. Carter, No. 99-5430 (6th Cir.) (236 F.3d 777) (January 18, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Summation

U.S. v. Carter, No. 99-5430 (6th Cir.) (236 F.3d 777) (January 18, 2001) (Judge Karen Nelson Moore) by

U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple) by Here the Court affirmed that a defendant is not entitled to a sentence reduction for voluntary disclosure of the offense under USSG § 5K2.16 if the district court finds that the disclosure …

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Burden of Proof

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson) by While this capital murder case dealt primarlity with a number of claims relating to ineffective assistance of counsel issues and habeas issues relating to Idaho law, the Court did address one Apprendi issue …

Jackson v. U.S., No. 95-50029 (E.D.Mich.) (129 F.Supp.2d 1053) (December 20, 2000) (Judge Paul V. Gadola)

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

Filed under: Punch And Jurists

Jackson v. U.S., No. 95-50029 (E.D.Mich.) (129 F.Supp.2d 1053) (December 20, 2000) (Judge Paul V. Gadola) by In this case, Judge Gadola held that the Supreme Court’s ruling in Apprendi v. New Jersey applies retroactively to initial § 2255 motions for three reasons. First, on the basis of statutory construction, …

U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans) by Seemingly without pause, the Seventh Circuit continues its unremitting assault on the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000). The issue addressed in this case was whether …

Klein v. U.S., No. 97-CV-295-J (D.Wyo.) (125 F.Supp.2d 460) (December 19, 2000) (Judge Alan B. Johnson)

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

Filed under: Punch And Jurists

Klein v. U.S., No. 97-CV-295-J (D.Wyo.) (125 F.Supp.2d 460) (December 19, 2000) (Judge Alan B. Johnson) by In this decision, the Court noted that "very few courts have dealt with the issue of whether Apprendi applies retroactively to an initial habeas corpus petition" (id., at 466), and it listed a …