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U.S. v. Grimmett, No. 00-1663 (8th Cir.) (236 F.3d 452) (January 9, 2001) (Judge James B. Loken)
Article • February 1, 2001 • from P&J February, 2001
Filed under: Punch And Jurists
U.S. v. Grimmett, No. 00-1663 (8th Cir.) (236 F.3d 452) (January 9, 2001) (Judge James B. Loken) by
U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook)
Article • February 1, 2001 • from P&J February, 2001
Filed under: Restitution, Punch And Jurists
U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook) by
U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White)
Article • January 27, 2001
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White) by Here the Court held that the area near the barn is not within the curtilage of a house for 4th Amendment purposes; and it set forth four factors to be …
Alcorta v. Texas, No. 139 (U.S. Supreme Court) (355 U.S. 28; 78 S.Ct. 103) (November 12, 2057) (Per Curiam)
Article • January 16, 2001
Filed under: Punch And Jurists, Perjury/Perjured Testimony
Alcorta v. Texas, No. 139 (U.S. Supreme Court) (355 U.S. 28; 78 S.Ct. 103) (November 12, 2057) (Per Curiam) by In this case the Court was confronted with a prosecutor who on direct examination knowingly allowed a witness to create a false impression of his disputed relationship with the defendant's …
Mooney v. Holohan, No. None (U.S. Supreme Court) (294 U.S. 103; 55 S.Ct. 340) (January 21, 2035) (Per Curiam)
Article • January 16, 2001
Filed under: Punch And Jurists, Perjury/Perjured Testimony
Mooney v. Holohan, No. None (U.S. Supreme Court) (294 U.S. 103; 55 S.Ct. 340) (January 21, 2035) (Per Curiam) by In this case, the petitioner alleged that "the sole basis of his conviction was perjured testimony, which was knowingly used by prosecuting authorities in order to obtain that conviction . …
Pyle v. Kansas, No. 50 (U.S. Supreme Court) (317 U.S. 213; 63 S.Ct. 177) (December 7, 2042) (Justice Murphy)
Article • January 16, 2001
Filed under: Punch And Jurists, Perjury/Perjured Testimony
Pyle v. Kansas, No. 50 (U.S. Supreme Court) (317 U.S. 213; 63 S.Ct. 177) (December 7, 2042) (Justice Murphy) by Here, continuing to express its serious concerns about the use of perjured testimony to achieve convictions (concerns first expressed in Mooney v. Holohan, 294 U.S. 103 (1935), the Court observed: …
Morrissey v. Brewer, No. 71-5103 (U.S. Supreme Court) (408 U.S. 471; 92 S.Ct. 2593) (June 29, 1972) (Justice Burger)
Article • January 15, 2001
Filed under: Due Process, Punch And Jurists
Morrissey v. Brewer, No. 71-5103 (U.S. Supreme Court) (408 U.S. 471; 92 S.Ct. 2593) (June 29, 1972) (Justice Burger) by This is the Supreme Court's seminal case on the rights of parolees to a certain measure of due process in parole revocation hearings. In this case, the Court considered whether …
U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Marijuana Laws/Issues
U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by This decision will surprise a lot of Apprendi watchers. Here, the defendant, Gilbert Garcia, argued on his direct appeal that his five year term of supervised release was erroneous under Apprendi - …
U.S. v. Ramsey, No. 00-2316 (7th Cir.) (237 F.3d 853) (January 18, 2001) (Judge Michael S. Kanne)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Using a Minor to Commit a Crime
U.S. v. Ramsey, No. 00-2316 (7th Cir.) (237 F.3d 853) (January 18, 2001) (Judge Michael S. Kanne) by The defendant in this case, Joseph Ramsey, who was 19 years old at the time he committed his crime, pled guilty to three counts of distribution of crack cocaine, and he was …
U.S. v. Sawyer, No. 00-1105 (1st Cir.) (239 F.3d 31) (January 31, 2001) (Judge Kermit A. Lipez)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists
U.S. v. Sawyer, No. 00-1105 (1st Cir.) (239 F.3d 31) (January 31, 2001) (Judge Kermit A. Lipez) by This case was first noted by us in the 1/31/00 issue of P&J, where we reported that District Judge Harrington of Massachusetts had granted the defendant a Writ of Coram Nobis, vacating …
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. …
Bazzetta v. McGinnis, No. 95-CV-73540-DT (E.D.Mich.) (148 F.Supp.2d 813) (April 19, 2001) (Judge Nancy G. Edmunds)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists
Bazzetta v. McGinnis, No. 95-CV-73540-DT (E.D.Mich.) (148 F.Supp.2d 813) (April 19, 2001) (Judge Nancy G. Edmunds) by Here the court rejected a series of regulations imposed by the Michigan Department of Corrections which limited the rights of prisoners to receive visitors, calling the regulations capricious and not reasonably related to …
U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes) by Here the Court reversed a downward departure that had been granted based on the defendant's extraordinary family circumstances and employment record, because the district court had used an improper comparision to determine …
U.S. v. Arvizu, No. 99-10229 (9th Cir.) (232 F.3d 1241) (July 7, 2000) (Judge Stephen Reinhardt)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Reasonable Suspicion
U.S. v. Arvizu, No. 99-10229 (9th Cir.) (232 F.3d 1241) (July 7, 2000) (Judge Stephen Reinhardt) by In this case, a Federal border agent, patrolling a regular vehicle checkpoint, stopped a minivan carrying two adults and three children on an unpaved road in a remote area of southern Arizona. The …
Anastasoff v. U.S., No. 99-3917EM (8th Cir.) (235 F.3d 1054) (December 18, 2000) (Judge Richard S. Arnold)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists
Anastasoff v. U.S., No. 99-3917EM (8th Cir.) (235 F.3d 1054) (December 18, 2000) (Judge Richard S. Arnold) by Here the en banc court vacated a panel's previous holding (that the Circuit's rule that unpublished decisions have no precedential effect was unconstitutional) - reasoning that decision was now "moot" due to …
U.S. v. Terry, No. 00-1079 (1st Cir.) (240 F.3d 65) (January 10, 2001) (Judge Sandra L. Lynch)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Drug Quantity
U.S. v. Terry, No. 00-1079 (1st Cir.) (240 F.3d 65) (January 10, 2001) (Judge Sandra L. Lynch) by This case involved the direct appeal of a defendant convicted of dealing in crack cocaine, who was sentenced to 27 years in prison, where the potential enhanced maximum sentence was 30 years. …
U.S. v. Sturgis, No. 00-2584 (8th Cir.) (238 F.3d 956) (February 6, 2001) (Judge Kermit Edward Bye)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Concurrent and Consecutive Sentences
U.S. v. Sturgis, No. 00-2584 (8th Cir.) (238 F.3d 956) (February 6, 2001) (Judge Kermit Edward Bye) by One of the issues involved in this case was an Apprendi sentencing claim; and, although the Court was willing to concede that there was one Apprendi error (in fact there were two), …
U.S. v. Lowe, No. CRIM A 3:00-00063 (S.D.W.Va.) (143 F.Supp.2d 613) (November 28, 2000) (Judge Joseph R. Goodwin)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Marijuana Laws/Issues
U.S. v. Lowe, No. CRIM A 3:00-00063 (S.D.W.Va.) (143 F.Supp.2d 613) (November 28, 2000) (Judge Joseph R. Goodwin) by Here the Court made a strong and persuasive case for the proposition that in marijuana cases, involving only small amounts which are disputed, the proper statutory maximum sentence is one year …
U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson) by Here Judge Nickerson became the first judge to hold that, under Apprendi, any facts that increase a defendant's sentence beyond the sentencing range prescribed by the Guidelines must be submitted to …
Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Waivers/Defaults
Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam) by In this unpublished summary order, the panel denied an Apprendi claim in a case where the defendant had pled guilty, stating that when he knowingly entered into a guilty plea, he waived …
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