Search | Punch and Jurists

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam) by The defendants in this case were planning to rob a convenience store on an Army base when two soldiers approached. After brandishing a gun and warning the soldiers to back off, one of the …

U.S. v. Sadolsky, No. 99-5780 (6th Cir.) (234 F.3d 938) (December 11, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists

U.S. v. Sadolsky, No. 99-5780 (6th Cir.) (234 F.3d 938) (December 11, 2000) (Judge Richard F. Suhrheinrich) by Here the Court affirmed a downward departure under USSG § 5K2.13 based on the defendant's gambling disorder, and held that there was no error in the district court's finding that the gamblin …

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook) by Here, after the Supreme Court had vacated the sentence imposed in this case and remanded it for reconsideration in light of Apprendi, the Seventh Circuit again affirmed the same sentence on a …

U.S. v. Simonelli, No. 00-1326 (1st Cir.) (237 F.3d 19) (January 19, 2001) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Tax Prosecutions

U.S. v. Simonelli, No. 00-1326 (1st Cir.) (237 F.3d 19) (January 19, 2001) (Judge Sandra L. Lynch) by Here the Court rejected the defendant's contention that Apprendi requires the jury to determined the amount of the tax liability in a tax fraud prosecution - "at least" because the defendant's sentence …

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins) by

U.S. v. Ventrilla, No. 00-1301 (2nd Cir.) (233 F.3d 166) (November 22, 2000) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Ventrilla, No. 00-1301 (2nd Cir.) (233 F.3d 166) (November 22, 2000) (Per Curiam) by Here the 2nd Circuit reversed a district court’s refusal to grant a downward departure based on diminished capacity, pursuant to USSG § 5K2.13, because the district court either refused to exercise its discretion or …

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam) by The court held that a plea was not rendered uninformed simply because the defendant was not told his state and federal sentences could run consecutively since to be intelligently made a defendant need only …

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat) by The defendant in this case was convicted in 1994 by a jury of two counts of distributing crack cocaine; and he was sentenced to concurrent terms of life imprisonment on both counts. …

Flowers v. Walter, No. 99-35552 (9th Cir.) (239 F.3d 1096) (February 9, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

Flowers v. Walter, No. 99-35552 (9th Cir.) (239 F.3d 1096) (February 9, 2001) (Per Curiam) by This is a significant habeas corpus decision in which the Court held that the Supreme Court does not have to expressly declare a new rule of law retroactive for purposes of the AEDPA's limitations …

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, Employment Record

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. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Although much of this decision dealt with Apprendi issues, the Court did hold that the district court had erred in concluding that it did not have any authority to depart from the …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here the Court joined with the vast majority of Circuits in holding that, for double jeopardy purposes, a defendant cannot be convicted under both 21 U.S.C. § 841(a) and 21 U.S.C. § …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here, the 2nd Circuit rejected a series of Apprendi claims, including one holding that where factual determinations are used to sentence the defendant to a sentence within the maximum allowed by statute, …

U.S. v. Antico, No. CRIM98-242 (E.D.Pa.) (123 F.Supp.2d 285) (November 16, 2000) (Judge Jan E. Dubois)

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

Filed under: Punch And Jurists, Pending Appeal/Sentencing

U.S. v. Antico, No. CRIM98-242 (E.D.Pa.) (123 F.Supp.2d 285) (November 16, 2000) (Judge Jan E. Dubois) by Here the Court agreed to grant bail pending an appeal to a defendant convicted of extortion, based in large part on the Supreme Court's decision in U.S. v. Sun-Diamond Growers, which made it …

U.S. v. Ramirez, No. 98-6130 (6th Cir.) (242 F.3d 348) (February 16, 2001) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Ramirez, No. 98-6130 (6th Cir.) (242 F.3d 348) (February 16, 2001) (Judge Gilbert S. Merritt) by From the beginning, Judge Merritt has been a strong proponent of a broad and far-reaching interpretation of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000). He dissented …

U.S. v. Hishaw, No. 99-6258 (10th Cir.) (235 F.3d 565) (December 20, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Sentence Enhancements/Departures

U.S. v. Hishaw, No. 99-6258 (10th Cir.) (235 F.3d 565) (December 20, 2000) (Judge Robert H. Henry) by

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin) by

U.S. v. Mietus, No. 99-3535 (7th Cir.) (237 F.3d 866) (January 22, 2001) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists

U.S. v. Mietus, No. 99-3535 (7th Cir.) (237 F.3d 866) (January 22, 2001) (Judge Diane P. Wood) by This is Judge Wood’s fifth decision on Apprendi and she is certainly not moving away from her almost unrestrained definition of “plain error” or from her position that a defendant who has …

U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins) by Here the Court held that there was no violation of Due Process Clause and no violation of Apprendi even though the amount of the tax loss on which the Guideline range …

U.S. v. Keeling, No. 99-6209 (10th Cir.) (235 F.3d 533) (December 15, 2000) (Judge Paul J. Jr. Kelly)

Article • January 1, 2001 • from P&J November, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Keeling, No. 99-6209 (10th Cir.) (235 F.3d 533) (December 15, 2000) (Judge Paul J. Jr. Kelly) by Here, where the defendant failed to object to the district court's determination of the drug quantity at sentencing, the Tenth Circuit held that the defendant was not entitled to any Apprendi …