Search | Punch and Jurists

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (215 F.3d 986) (June 14, 2000) (Judge William B. Shubb)

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

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

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (215 F.3d 986) (June 14, 2000) (Judge William B. Shubb) by Here a divided panel affirmed a district court's ruling that an FBI sniper who killed a woman at Ruby Ridge could not be charged in state court for involuntary manslaughter because he …

U.S. v. Thames, No. 99-31092 (5th Cir.) (214 F.3d 608) (June 13, 2000) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Thames, No. 99-31092 (5th Cir.) (214 F.3d 608) (June 13, 2000) (Judge Harold R. Jr. DeMoss) by The defendant in this case was a former police officer who plead guilty to two counts of armed robbery and one count of use of a firearm during the commission of …

U.S. v. Aguayo-Delgado, No. 99-4098 (8th Cir.) (220 F.3d 926) (July 18, 2000) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Aguayo-Delgado, No. 99-4098 (8th Cir.) (220 F.3d 926) (July 18, 2000) (Judge Pasco M. II Bowman) by United States v. Sheppard, 219 F.3d 766 (8th Cir. 2000) (Judge Loken) United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000) (Judge Bowman) In late June, the Supreme Court handed …

U.S. v. El-Hage, No. 00-1025 (2nd Cir.) (213 F.3d 74) (May 25, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Detention - Generally

U.S. v. El-Hage, No. 00-1025 (2nd Cir.) (213 F.3d 74) (May 25, 2000) (Per Curiam) by Here the Court held that a lengthy pre-trial detention of an accused international terrorist was "extraordinary and justified" because of the gravity of the charges, the complexity of the case and the lack of …

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (212 F.3d 1318) (May 30, 2000) (Judge Rosemary Barkett)

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

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

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (212 F.3d 1318) (May 30, 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. Buchanan, No. 98-1353 (6th Cir.) (213 F.3d 302) (May 22, 2000) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Drug-Tainted Currency

U.S. v. Buchanan, No. 98-1353 (6th Cir.) (213 F.3d 302) (May 22, 2000) (Judge Ronald Lee Gilman) by Here a divided panel held that dog-sniff evidence is inherently unreliable and therefore should normally be inadmissible as “insufficiently indicative of probable cause” due to the prevalence of drug tainted currency in …

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg) by This is one of those depressing Guidelines cases that shows the evils of “sentencing by the numbers.” The defendant in this case, the single mother of five children, aged five through 14, …

Welch v. Reno, No. Civ. No. CCB-99-2801 (D.Md.) (101 F.Supp.2d 347) (June 6, 2000) (Judge Catherine C. Blake)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Welch v. Reno, No. Civ. No. CCB-99-2801 (D.Md.) (101 F.Supp.2d 347) (June 6, 2000) (Judge Catherine C. Blake) by Section 1226(c) of Title 8 of the U.S. Code (section 236(c) of the Immigration and Naturalization Act) requires the Attorney General to take into custody aliens who have committed certain offenses, …

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (212 F.3d 877) (May 19, 2000) (Judge Will L. Garwood)

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

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

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (212 F.3d 877) (May 19, 2000) (Judge Will L. Garwood) by Here, over the strong dissent of Judge Wiener, a majority of the panel held that under the totality of the circumstances the border patrol agents on roving patrol had reasonable suspicion to …

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

U.S. v. Prince, No. 98-6361 (6th Cir.) (214 F.3d 740) (June 1, 2000) (Judge Sandra S. Beckwith)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Prince, No. 98-6361 (6th Cir.) (214 F.3d 740) (June 1, 2000) (Judge Sandra S. Beckwith) by In this case the Sixth Circuit held that a fraud scheme, in which victims wired funds to third parties who later transferred the funds to the defendants, was punishable under a federal …

U.S. v. Kenrick, No. 98-1282 (1st Cir.) (221 F.3d 19) (August 2, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Kenrick, No. 98-1282 (1st Cir.) (221 F.3d 19) (August 2, 2000) (Judge Kermit A. Lipez) by Following a detailed comparision of this en banc decision and the panel's earlier decision which it reversed, we feel that there are significant questions about the validity of the Court's holding that …

U.S. v. Poehlman, No. 98-50631 (9th Cir.) (217 F.3d 692) (June 27, 2000) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Poehlman, No. 98-50631 (9th Cir.) (217 F.3d 692) (June 27, 2000) (Judge Alex Kozinski) by We have often wondered how much money the Government must spend creating pornography in its attempts to catch all the perverts that are out there. There are entire Government departments that spend their …

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon)

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

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

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon) by In this case the Fourth Circuit joined the Curcuit split by agreeing with the Fifth Circuit that proceedings under the Hyde Amendment (18 USC § 3006A) are civil in nature and are …

U.S. v. Benally, No. 99-2145 (10th Cir.) (215 F.3d 1068) (June 9, 2000) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Benally, No. 99-2145 (10th Cir.) (215 F.3d 1068) (June 9, 2000) (Judge Wade Brorby) by Here the Tenth Circuit rejected the Government's contention that the Guidelines prohibit the sentencing courts from considering a downward departure based on aberrant conduct in cases involving serious violent felonies for which probation …

U.S. v. Gilchrist, No. 99-3052 (3rd Cir.) (215 F.3d 333) (June 6, 2000) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists

U.S. v. Gilchrist, No. 99-3052 (3rd Cir.) (215 F.3d 333) (June 6, 2000) (Judge Jane R. Roth) by Here the Court affirmed its prior rulings that counts dismissed as part of a plea agreement may not be reinstated after the defendant successfully appeals a portion of conviction if those dismissed …

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Anders Brief

U.S. v. Gomez-Perez, No. 00-1036 (2nd Cir.) (215 F.3d 315) (June 15, 2000) (Judge Fred I. Parker) by In this case the Second Circuit addressed a problem that has been spawned by the “relatively recent phenomenon” of appeal-waiver provisions in plea agreements: what does appointed counsel do for a client …

U.S. v. Akers, No. 99-1089 (10th Cir.) (215 F.3d 1089) (June 12, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Akers, No. 99-1089 (10th Cir.) (215 F.3d 1089) (June 12, 2000) (Judge Arthur L. Alarcon) by This is another bank fraud case that reviews some of the burdens of proof required for a bank fraud conviction under 18 U.S.C. § 1344. In this case, the defendant was convicted …

U.S. v. Brimah, No. 99-2927 (7th Cir.) (214 F.3d 854) (May 26, 2000) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Brimah, No. 99-2927 (7th Cir.) (214 F.3d 854) (May 26, 2000) (Judge Joel L. Flaum) by Here the 7hh Circuit rejected a challenge to the use of illegally seized evidence at sentencing - a rule followed by most Circuits; but the panel expressly left open the question of …

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Haynes, No. 98-30221 (9th Cir.) (216 F.3d 789) (June 16, 2000) (Judge M. Margaret McKeown) by Both this case and the Seventh Circuit's decision in U.S. v. Brimah, 214 F.3d 854 (7th Cir. 2000) give a detailed review of some of the issues related to the application of …