Search | Punch and Jurists

Conant v. McCaffrey, No. 97-00139 (N.D.Cal.) (2000 WL 1281174) (September 7, 2000) (Judge William Haskell Alsup)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

Conant v. McCaffrey, No. 97-00139 (N.D.Cal.) (2000 WL 1281174) (September 7, 2000) (Judge William Haskell Alsup) by Ever since California adopted Proposition 215 (also called the Compassionate Use Act), the DEA has been at war with doctors who recommend the use of marijuana for medical purposes. The DEA’s position has …

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson) by Here the en banc court engaged in a contentious debate about whether defense counsel was guilty of ineffective assistance of counsel based on his 24-hour investigation into the sentencing phase of the …

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon) by In this case the plaintiff probationer brought a Bivens action (Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)) against his Federal probation officer, Kathleen Keenan, claiming that she violated his …

U.S. v. Gonzalez-Vazquez, No. 98-2108 (1st Cir.) (219 F.3d 37) (July 18, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Gonzalez-Vazquez, No. 98-2108 (1st Cir.) (219 F.3d 37) (July 18, 2000) (Judge Kermit A. Lipez) by One of the issues raised in this appeal came from one of the defendants, Hector Hernández-Negron, who argued that the government violated his constitutional rights by withdrawing the original plea offer and …

U.S. v. Hilario, No. 00-1406 (1st Cir.) (218 F.3d 19) (July 17, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Hilario, No. 00-1406 (1st Cir.) (218 F.3d 19) (July 17, 2000) (Judge Bruce M. Selya) by Here, predictably, the Court reversed the lower court's ruling that the temporary-but-endless "interim" appointment of the U.S. Attorney in Puerto Rico did not violate the Constitution or justify the dismissal of any …

Hernandez v. U.S., No. 00-3048 (7th Cir.) (226 F.3d 839) (September 1, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists

Hernandez v. U.S., No. 00-3048 (7th Cir.) (226 F.3d 839) (September 1, 2000) (Judge Diane P. Wood) by In this case the Court held that because the Supreme Court had not yet determined whether the Supreme Court's ruling in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.3d 2d 435 …

U.S. v. Dyer, No. 99-3707 (7th Cir.) (216 F.3d 568) (June 8, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Dyer, No. 99-3707 (7th Cir.) (216 F.3d 568) (June 8, 2000) (Judge Richard A. Posner) by In this case, the Court affirmed the district court's refusal to grant a downward departure to the defendant based on U.S.S.G. § 5K2.13 which permits such departures if the defendant was suffering …

In Re Lightfoot, No. D-00-0002 (7th Cir.) (217 F.3d 914) (May 19, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

In Re Lightfoot, No. D-00-0002 (7th Cir.) (217 F.3d 914) (May 19, 2000) (Judge Richard A. Posner) by As reported in Lindstrom v. Graber, 203 F.3d 470 (7th Cir. 2000), a fugitive sought a stay of his pending extradition to Norway. Although Circuit Judge Rovner granted the requested stay, the …

U.S. v. Murphy, No. Crim. No. 4-95-103(8) (DSD) (D.Minn.) (109 F.Supp.2d 1059) (August 7, 2000) (Judge David S. Doty)

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

Filed under: Punch And Jurists

U.S. v. Murphy, No. Crim. No. 4-95-103(8) (DSD) (D.Minn.) (109 F.Supp.2d 1059) (August 7, 2000) (Judge David S. Doty) by Relying principally on the 2nd exception set forth in Teague v. Lane, Judge Doty concluded that the Apprendi decision was a "watershed case" of constitutional dimension which entitled petitioners to …

U.S. v. Loney, No. 99-5774 (3rd Cir.) (219 F.3d 281) (July 18, 2000) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Loney, No. 99-5774 (3rd Cir.) (219 F.3d 281) (July 18, 2000) (Judge Robert E. Cowen) by In this case the Third Circuit held that evidence that a defendant possessed a loaded firearm while possessing drugs for sale will usually be enough to trigger the enhancement provided by U.S.S.G. …

U.S. v. Hutzell, No. 99-3719 (8th Cir.) (217 F.3d 966) (July 5, 2000) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Hutzell, No. 99-3719 (8th Cir.) (217 F.3d 966) (July 5, 2000) (Judge Morris Sheppard Arnold) by One of the more controversial statutes that Congress has enacted in recent years was 18 U.S.C. § 922(g)(9) which makes it unlawful for any person who has been convicted in any court …

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam)

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

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

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam) by Here, agreeing with six other Circuits, the Court held that a district court may take into account the availability of rehabilitative programs to increase the length of a sentence upon revocation of supervised release. …

U.S. v. Collazo-Aponte, No. 98-1818 (1st Cir.) (216 F.3d 163) (June 27, 2000) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Collazo-Aponte, No. 98-1818 (1st Cir.) (216 F.3d 163) (June 27, 2000) (Judge Juan R. Torruella) by Here the Court rejected a defendant's challenge to the empanelling of an anonymous jury, holding that in the First Circuit anonymous juries are allowed if there are strong grounds for concluding they …

U.S. v. Meshack, No. 99-50669 (5th Cir.) (225 F.3d 556) (August 28, 2000) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Meshack, No. 99-50669 (5th Cir.) (225 F.3d 556) (August 28, 2000) (Judge Emilio M. Garza) by Among the many issues raised in this direct appeal from multiple drug convictions and sentences were numerous challenges to the sentences imposed based on the district court’s determination of the amount of …

A.C.L.U. v. Reno, No. 99-1324 (3rd Cir.) (217 F.3d 162) (June 22, 2000) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Child Online Protection Act (COPA)

A.C.L.U. v. Reno, No. 99-1324 (3rd Cir.) (217 F.3d 162) (June 22, 2000) (Judge Leonard I. Garth) by Here the Court held that the Child Online Protection Act (47 U.S.C. § 231) (COPA) was unconstitutional because it calls for Internet content to be judged on "community standards" - a ruling …

U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee) by Here the Court held that the district court erred when it allowed the Government, without request or explanation, to introduce new evidence at the remanded hearing to support its claim that it …

U.S. v. Halter, No. 99-3045 (8th Cir.) (217 F.3d 551) (July 3, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

U.S. v. Halter, No. 99-3045 (8th Cir.) (217 F.3d 551) (July 3, 2000) (Judge Donald P. Lay) by This case is noted for its valiant attempt to explain what the Supreme Court probably meant when it discussed the concept of "actual innocence" in Bousley v. U.S., 523 U.S. 614 (1998). …

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy) by This decision is noted for its strong rejection of the Government's usual arguments that it had probable cause to conduct a search of the trunk of the defendant's car after the police …

Williams v. Currie, No. 1:99CV00930 (M.D.N.C.) (103 F.Supp.2d 858) (July 5, 2000) (Judge Magistrate)

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

Filed under: Punch And Jurists, Bias/Discrimination

Williams v. Currie, No. 1:99CV00930 (M.D.N.C.) (103 F.Supp.2d 858) (July 5, 2000) (Judge Magistrate) by Here the Court granted habeas relief to a state petitioner who argued that his equal protection rights had been violated when he received a significantly harsher total sentence than his similarly situated female co-defendant due …

U.S. v. Hamzat, No. 97-1987 (7th Cir.) (217 F.3d 494) (June 26, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Hamzat, No. 97-1987 (7th Cir.) (217 F.3d 494) (June 26, 2000) (Judge Diane P. Wood) by Here the Seventh Circuit reaffirmed its rule (which is followed by five other Circuits) that when a drug courier is held accountable only for the drugs he carried, he is not entitled …