Search | Punch and Jurists

U.S. v. Napier, No. 00-5290 (6th Cir.) (233 F.3d 394) (November 21, 2000) (Judge Robert Holmes Bell)

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

Filed under: Punch And Jurists

U.S. v. Napier, No. 00-5290 (6th Cir.) (233 F.3d 394) (November 21, 2000) (Judge Robert Holmes Bell) by The defendant in this case was charged with violating 18 U.S.C. § 922(g)(8) - possessing a firearm while subject to a domestic violence order; and he challenged that statute claiming it interfered …

Treesh v. Taft, No. C-2-99-624 (S.D.Ohio) (122 F.Supp.2d 887) (November 16, 2000) (Judge Joseph P. Kinneary)

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

Filed under: First Amendment, Punch And Jurists

Treesh v. Taft, No. C-2-99-624 (S.D.Ohio) (122 F.Supp.2d 887) (November 16, 2000) (Judge Joseph P. Kinneary) by Our final case for this week deals with one of those senseless “believe-it-or-not” prison regulations that shows anti-prisoner venom run amok. Judge Kinneary’s summary of the issues involved in this case says it …

Ware v. U.S., No. 3:00-0262 (M.D.Tenn.) (124 F.Supp.2d 590) (December 8, 2000) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists

Ware v. U.S., No. 3:00-0262 (M.D.Tenn.) (124 F.Supp.2d 590) (December 8, 2000) (Judge Thomas A. Jr. Wiseman) by Here, the court denied the petitioner's motion to review his sentence under 28 USC § 2255 based on Apprendi, holding that such a review was barred by the retroactivity rules of Teague …

Baidas v. Jennings, No. Civ.A 00-CV-72003-DT (E.D.Mich.) (123 F.Supp.2d 1052) (December 6, 1999) (Judge Avern Levin Cohn)

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

Filed under: Punch And Jurists, Detention - Generally

Baidas v. Jennings, No. Civ.A 00-CV-72003-DT (E.D.Mich.) (123 F.Supp.2d 1052) (December 6, 1999) (Judge Avern Levin Cohn) by In ruling that 8 U.S.C. § 1226(c) (which mandates detention during an alien's removal hearings) is unconstitutional, the Court stated in part: " Federal district courts have divided over the question of …

U.S. v. Castano-Vargas, No. 95CR.894(DAB) (S.D.N.Y.) (124 F.Supp.2d 185) (December 11, 2000) (Judge Deborah A. Batts)

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

Filed under: Punch And Jurists

U.S. v. Castano-Vargas, No. 95CR.894(DAB) (S.D.N.Y.) (124 F.Supp.2d 185) (December 11, 2000) (Judge Deborah A. Batts) by In this case, Judge Batts touched briefly on one Apprendi issue, but the more significant aspects of her decision dealt with the possibility of a downward departure in cases where the defendant’s sentence …

U.S. v. Hendrickson, No. 99-12088 (11th Cir.) (234 F.3d 494) (November 29, 2000) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Hendrickson, No. 99-12088 (11th Cir.) (234 F.3d 494) (November 29, 2000) (Judge James Larry Edmondson) by In this case, the police allowed a television reporter into a suspect's home while they carried out a search of her home. She moved to suppress the evidence seized, arguing that the …

U.S. v. Mason, No. 00-3004 (D.C. Cir.) (233 F.3d 619) (December 15, 2000) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists

U.S. v. Mason, No. 00-3004 (D.C. Cir.) (233 F.3d 619) (December 15, 2000) (Judge Harry T. Edwards) by Here the Court held that innocent possession is a valid defense to a charge of unlawful possession of a firearm by a felon under 18 USC § 922(g)(1) and that the defendant …

U.S. v. Washington, No. 00-17-01 (E.D.Pa.) (123 F.Supp.2d 291) (November 17, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists

U.S. v. Washington, No. 00-17-01 (E.D.Pa.) (123 F.Supp.2d 291) (November 17, 2000) (Judge Marvin Katz) by Here the Court denied a motion for a downward departure based on diminished capacity, both because the defendant's criminal history showed a need to protect the public and because the crime involved actual violence …

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman) by United States v. Munoz, 233 F.3d 1117 (9th Cir. 2000) (Judge Tallman) United States v. Meyer. 234 F.3d 319 (7th Cir. 2000) (Judge Rovner) United States v. Ofcky, No. 00-1420, (7th Cir. …

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher) by This case is noted for its detailed listing of the types of constitutional claims that are not barred as the result of a guilty plea, holding here that the defendant's plea did …

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner) by Here the Court held that there was no due process violation when the sentencing court determined by a mere preponderance of the evidence that the defendant should be sentenced for first degree …

U.S. v. Jackson, No. 98-2696 (7th Cir.) (236 F.3d 886) (January 10, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jackson, No. 98-2696 (7th Cir.) (236 F.3d 886) (January 10, 2001) (Per Curiam) by Here, after its earlier decision was vacated by the Supreme Court based on Apprendi, the Seventh Circuit again affirmed the 30-year sentence imposed on the defendant based on the "overwhelming" evidence that his drug …

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel) by Here, disagreeing with decisions from the Fourth and Sixth Circuits, the Tenth Circuit concluded that the term "any court" as used in 18 USC § 922(g) to define prior convictions does not …

U.S. v. Tran, No. 99-1278(L) (2nd Cir.) (234 F.3d 798) (November 15, 2000) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Tran, No. 99-1278(L) (2nd Cir.) (234 F.3d 798) (November 15, 2000) (Judge Fred I. Parker) by Here the Court held that the omission of an element in the indictment limits the court's subject-matter jurisdiction to trying, convicting, and sentencing the defendant solely on the facts and offenses charged …

U.S. v. Salazar-Flores, No. 99-50956 (5th Cir.) (238 F.3d 672) (January 25, 2001) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Salazar-Flores, No. 99-50956 (5th Cir.) (238 F.3d 672) (January 25, 2001) (Judge Reynaldo G. Garza) by The defendant in this case was charged by indictment with one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841. At the same time it filed …

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, Mitigating Role/Circumstances/Evidence

U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by Here the Court held that a defendant must be "substantially less culpable than the average participant" to qualify as a minor participant under USSG § 3B1.2 - rather than to evaluate his …

Vasquez v. Reno, No. 00-1505 (1st Cir.) (233 F.3d 688) (December 8, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

Vasquez v. Reno, No. 00-1505 (1st Cir.) (233 F.3d 688) (December 8, 2000) (Judge Bruce M. Selya) by Here the Court dismissed a habeas corpus petition holding that as a general rule the Attorney General is neither the custodian of an INS detainee in the requisite sense nor the proper …

U.S. v. Champion, No. 00-1031 (2nd Cir.) (234 F.3d 106) (December 8, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Champion, No. 00-1031 (2nd Cir.) (234 F.3d 106) (December 8, 2000) (Per Curiam) by In this limited ruling, the Court rejected an Apprendi challenge to the district court's determinination of drug quantity because the defendant had already stipulated to the quantity which precluded the jury from acting differently. …

Bond v. U.S., No. 98-9349 (U.S. Supreme Court) (529 U.S. 334; 120 S.Ct. 1462) (April 17, 2000) (Justice Rehnquist)

Article • December 18, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Searches - Containers/Luggage

Bond v. U.S., No. 98-9349 (U.S. Supreme Court) (529 U.S. 334; 120 S.Ct. 1462) (April 17, 2000) (Justice Rehnquist) by Here a divided Supreme Court held that a law enforcement officer's “squeezing” of soft-sided luggage stored by a passenger in an overhead luggage compartment on a bus constituted an unjustified …

New Jersey v. Portash, No. 77-1489 (U.S. Supreme Court) (440 U.S. 450; 99 S.Ct. 1292) (March 20, 1979) (Justice Stewart)

Article • December 15, 2000

Filed under: Punch And Jurists, Impeachment

New Jersey v. Portash, No. 77-1489 (U.S. Supreme Court) (440 U.S. 450; 99 S.Ct. 1292) (March 20, 1979) (Justice Stewart) by The issue addessed by the Court in this case was whether a prosecutor may use a person's legislatively immunized grand jury testimony to impeach his credibility as a testifying …