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U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall) by Here the Ninth Circuit affirmed its prior rulings that customers who are solely end users of drugs sold are not "participants" in a criminal activity within the meaning of the enhancement provided …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by This decision addressed a number of interesting issues (including its holding that a defendant who goes to trial may still be eligible for a downward departure under U.S.S.G. § 5K2.0 based on …

Jones v. Smith, No. 99-56405 (9th Cir.) (231 F.3d 1227) (November 7, 2000) (Judge Cynthia Holcomb Hall)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists

Jones v. Smith, No. 99-56405 (9th Cir.) (231 F.3d 1227) (November 7, 2000) (Judge Cynthia Holcomb Hall) by The central issue is this habeas case was whether, in 1995, the omission of a premeditation charge from a state information charging attempted murder combined with its subsequent inclusion in the jury …

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood) by This citation contains Judge Wiener's astonishingly blunt dissent in a case involving a drug search, where he castigated his confreres for creating a hypocrisy of judicial standards that can be molded to …

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker) by In this case, while he was serving a term of supervised release for a prior Federal offense, the defendant was arrested by New Jersey state police for possession of cocaine. The date …

U.S. v. Maccado, No. 99-3101 (D.C. Cir.) (225 F.3d 766) (October 4, 2000) (Judge Judith W. Rogers)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Maccado, No. 99-3101 (D.C. Cir.) (225 F.3d 766) (October 4, 2000) (Judge Judith W. Rogers) by Here the Court affirmed an obstruction of justice enhancement under USSG § 3C1.1 based on a defendant’s delay in giving a handwriting exemplar is proper even in the absence of any substantial …

U.S. v. Jones, No. 99-6398 (4th Cir.) (225 F.3d 468) (September 13, 2000) (Judge William W. Jr. Wilkins)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Jones, No. 99-6398 (4th Cir.) (225 F.3d 468) (September 13, 2000) (Judge William W. Jr. Wilkins) by Here the Court joined the rule adopted by the 3rd and 5th Circuits that a district court lacks jurisdiction to order damages on a motion for return of destroyed property pursuant …

U.S. v. Zelenka, No. 3:97-00158 (M.D.Tenn.) (112 F.Supp.2d 708) (November 24, 1999) (Judge John T. Nixon)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Zelenka, No. 3:97-00158 (M.D.Tenn.) (112 F.Supp.2d 708) (November 24, 1999) (Judge John T. Nixon) by

U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam) by This is the third of the Fifth Circuit’s trilogy of cases dealing with Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The other two were U.S. v. Meshack, 225 F.3d 556 (5th Cir. 2000) …

Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb) by This is a masterful decision by District Judge Crabb in which she concluded that the fee cap provisions of the PLRA rest on irrational assumptions - and rather than creating a disincentive to …

Nichols v. Chacon, No. 99-5180 (W.D.Ark.) (110 F.Supp.2d 1099) (August 1, 2000) (Judge H. Franklin Waters)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Fighting Words Doctrine

Nichols v. Chacon, No. 99-5180 (W.D.Ark.) (110 F.Supp.2d 1099) (August 1, 2000) (Judge H. Franklin Waters) by This rather widely-publicized case is noted for its detailed discussion of the “fighting words” doctrine - under which provocative and challenging speech and gestures - even when directed against the police - are …

U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam) by The defendant in this case was arrested in 1986 on drug and possession of firearm charges. During a search of his property at the time of the arrest, law enforcement agents seized approximately $ …

U.S. v. Cepero, No. 99-3047 (3rd Cir.) (224 F.3d 256) (August 17, 2000) (Judge Ruggero J. Aldisert)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists

U.S. v. Cepero, No. 99-3047 (3rd Cir.) (224 F.3d 256) (August 17, 2000) (Judge Ruggero J. Aldisert) by In this case, the defendant argued that the district court had erred by sentencing him under U.S.S.G. § 2D1.1 because the Government had failed to prove that the substance involved in his …

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Strickland Standard

Burdine v. Johnson, No. 99-21034 (5th Cir.) (231 F.3d 950) (October 27, 2000) (Judge Rhesa Hawkins Barksdale) by Back in 1984, Calvin Burdine was convicted of capital murder for his participation in the stabbing death of his homosexual lover during a robbery. As is so common in America, the person …

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker) by Here the Court approved a significant eight-level departure to a defendant convicted of drug crimes in part due to the failure of the Government to disclose potential impeachment material and in part due …

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (225 F.3d 1243) (September 7, 2000) (Judge Rosemary Barkett)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (225 F.3d 1243) (September 7, 2000) (Judge Rosemary Barkett) by Here the 11th Circuit reversed the dismissal of a civil rights lawsuit brought by two former prisoners against a Sheriff, holding that her appalling deliberate indifference to the medical needs of …

U.S. v. Walls, No. 99-1942 (7th Cir.) (225 F.3d 858) (August 15, 2000) (Judge Ilana Diamond Rovner)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists

U.S. v. Walls, No. 99-1942 (7th Cir.) (225 F.3d 858) (August 15, 2000) (Judge Ilana Diamond Rovner) by The Court rejected an attempt to use a Pinkerton theory of vicarious liability to sustain a conviction for possession of a gun by a felon, where it could not establish constructive or …

U.S. v. Sicken, No. 99-1166 (10th Cir.) (223 F.3d 1169) (August 15, 2000) (Judge Monroe G. McKay)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Downward Departures

U.S. v. Sicken, No. 99-1166 (10th Cir.) (223 F.3d 1169) (August 15, 2000) (Judge Monroe G. McKay) by Here the Court affirmed the district court's four-level downward departures to two anti-nuclear protestors who broke into an ICBM site and cause some damage because the applicable guideline, § 2M2.3, provided for …

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson) by Here the Court held that a sentencing court may consider the rehabilitative needs of a defendant when imposing or determining the length of a term of imprisonment upon mandatory or permissive revocation …

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez) by Here the Court affirmed the use of the so-called "fencing enhancement" under USSG § 2B1.1(b)(4)(B) - for being in the business of receiving and selling stolen property - even where the business …