Search | Punch and Jurists

Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya)

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

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

Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya) by In this case the plaintiff recovered $1.00 in nominal damages from a prison guard who locked plaintiff in a restaining chair and covered his mouth with a towel until he lost consciousness. …

Doe v. County of Fairfax, No. 99-1893 (4th Cir.) (225 F.3d 440) (August 29, 2000) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Drug Treatment Records

Doe v. County of Fairfax, No. 99-1893 (4th Cir.) (225 F.3d 440) (August 29, 2000) (Judge William B. Jr. Traxler) by Here the Court held that a police detective was not entitled to a defense of qualified immunity in a civil rights action for damages based on his improper search …

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt) by In this case the Court granted a certificate of appealability on the single issue of whether the defendant had validly waived his section 2255 right to challenge his conviction and sentence on …

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, Physical Condition

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by The two defendants in this case, William Norris and Jim Gee, were found guilty by a jury of numerous counts of mail fraud, wire fraud, conspiracy and other related crimes for their …

U.S. v. Basinski, No. 99-3933 (7th Cir.) (226 F.3d 829) (September 5, 2000) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Abandoned Property

U.S. v. Basinski, No. 99-3933 (7th Cir.) (226 F.3d 829) (September 5, 2000) (Judge Daniel A. Manion) by Here the Court held that a defendant did not abandon his briefcase when he gave it to a friend with instructions to destroy it, in a decision that is noted for its …

U.S. v. Pena, No. 99-1572 (2nd Cir.) (227 F.3d 23) (September 28, 2000) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Pretrial Services Report

U.S. v. Pena, No. 99-1572 (2nd Cir.) (227 F.3d 23) (September 28, 2000) (Judge Sonia Sotomayor) by This case deals with an issue frequently faced by defense counsel, namely when, and under what circumstances, can a defendant obtain copies of pretrial service reports and presentence reports that pertain to a …

Lile v. McKune, No. 98-3292 (10th Cir.) (224 F.3d 1175) (September 5, 2000) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists

Lile v. McKune, No. 98-3292 (10th Cir.) (224 F.3d 1175) (September 5, 2000) (Judge Monroe G. McKay) by

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell) by Here the Court held that a district court's understatement of the mimumum mandatory sentence at the plea colloquy violated the provisions of Rule 11(c)(1), rendered the plea involuntary, and affected the defemndant's …

U.S. v. Sumner, No. 99-10523 (9th Cir.) (226 F.3d 1005) (September 12, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Expungement/Removal

U.S. v. Sumner, No. 99-10523 (9th Cir.) (226 F.3d 1005) (September 12, 2000) (Judge Arthur L. Alarcon) by

U.S. v. Queensborough, No. 99-3636 (3rd Cir.) (227 F.3d 149) (September 15, 2000) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists

U.S. v. Queensborough, No. 99-3636 (3rd Cir.) (227 F.3d 149) (September 15, 2000) (Judge Dolores K. Sloviter) by

U.S. v. Pounds, No. 99-15058 (11th Cir.) (230 F.3d 1317) (October 20, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Pounds, No. 99-15058 (11th Cir.) (230 F.3d 1317) (October 20, 2000) (Per Curiam) by The defendant in this case, Nebrum Pounds, pled guilty to one count of interference with commerce by robbery, in violation of the Hobbs Act, 18 U.S.C. § 1951, and one count of using and …

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager) by After the defendant in this drug case, Jaime Duran-Benitez (Duran) pled guilty to possession of heroin with intent to distribute, he sought a “significant” downward departure under U.S.S.G. § 5K2.0 on the …

U.S. v. Campbell, No. 98-5923 (11th Cir.) (223 F.3d 1286) (August 22, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Campbell, No. 98-5923 (11th Cir.) (223 F.3d 1286) (August 22, 2000) (Per Curiam) by This case is noted for Judge Godbold's dissent. In a case he described as “shabby,” Judge Godbold lashed out at the majority’s unsigned, per curiam decision affirming the drug conviction of a U.S. citizen …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by QUOTE OF THE WEEK - The Guidelines’ “extraordinary and totally unprecedented step” of punishing relevant conduct with the same severity as counts of conviction. "Endeavoring to strike a balance between punishing only …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by This is one of those flim-flam sentencing decisions involving that special brand of “now-you-see-it-now-you-don’t” evidence that exists only at sentencing and only in America. The decision is particularly noted because it helps …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Strickland Standard

Delgado v. Lewis, No. 97-56162 (9th Cir.) (223 F.3d 976) (August 23, 2000) (Judge Sidney R. Thomas) by On remand from the Supreme Court in light of Smith v. Robbins, 120 S.Ct. 746 (2000), the Ninth Circuit altered its analysis, but not the result, of its prior opinion in this …

U.S. v. McSherry, No. 99-1749 (2nd Cir.) (226 F.3d 153) (September 22, 2000) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. McSherry, No. 99-1749 (2nd Cir.) (226 F.3d 153) (September 22, 2000) (Judge Dennis G. Jacobs) by United States v. Maccado, 225 F.3d 766 (D.C. Cir. 2000) (Judge Rogers) United States v. McSherry, 226 F.3d 153 (2nd Cir. 2000) (Judge Jacobs) As these two cases show, there are significant …

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts)

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

Filed under: Punch And Jurists, Special Needs Exception

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts) by Here the Court granted a preliminary injunction against the enforcement of a Michigan statute that required welfare recipients to submit to random, suspicionless drug testing to qualify for benefits because the state failed …

U.S. v. Franco, No. CRIM. 95-0836 (D.Puerto Rico) (112 F.Supp.2d 204) (August 28, 2000) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Speedy Trial

U.S. v. Franco, No. CRIM. 95-0836 (D.Puerto Rico) (112 F.Supp.2d 204) (August 28, 2000) (Judge Daniel R. Dominguez) by

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, Downward Departures

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by Here the Court affirmed the authority of the district court to grant a downward departure for acceptance of responsibility under USSG § 5K2.0, despite the fact that the court had ruled he …