Search | Punch and Jurists

Gambino v. Gerlinski, No. 3:CV-99-2253 (M.D.Pa.) (96 F.Supp.2d 456) (April 6, 2000) (Judge Malcolm Muir)

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

Filed under: Punch And Jurists, Liberty Interest

Gambino v. Gerlinski, No. 3:CV-99-2253 (M.D.Pa.) (96 F.Supp.2d 456) (April 6, 2000) (Judge Malcolm Muir) by In this case the Court held that the provisions of 18 U.S.C. § 3624(c) do not create a liberty interest that compels the Bureau of Prisons to place an inmate in a halfway house …

Wright v. Riveland, No. 97-36074 (9th Cir.) (219 F.3d 905) (July 11, 2000) (Judge Barry Ted Moskowitz)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Wright v. Riveland, No. 97-36074 (9th Cir.) (219 F.3d 905) (July 11, 2000) (Judge Barry Ted Moskowitz) by Here the Court affirmed the rejection of a long list of challenges to a Washington law that permits prisons to deduct 35% of funds received by prisoners from outside sources, including funds …

U.S. v. Hughes, No. Crim.A.99-10405-REK (D.Mass.) (95 F.Supp.2d 49) (May 12, 2000) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Drug Treatment Records

U.S. v. Hughes, No. Crim.A.99-10405-REK (D.Mass.) (95 F.Supp.2d 49) (May 12, 2000) (Judge Robert E. Keeton) by In this case the Court rejected a Government motion to compel the release of drug treatment records, pursuant to the provisions of 42 U.S.C. § 290dd-2, of a defendant charged with a gun …

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court granted a downward departure from a Guideline sentencing range of 18-24 months to a term of five years probabtion to a defendant who found a loaded gun in a playground …

U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne) by Here the Seventh Circuit held that applying a sentence enhancement under USSG § 2K2.1(b)(5) for using a firearm in connection with another felony offense is impermissible double counting if both offenses consist …

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court declined to grant a departure based on extraordinary rehabilitation, because although the defendant's conduct in working with the disadvantaged was noteworthy, it was part of his chosen profession and not …

Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate) by The plaintiff in this case was an 18-year old high school student who was arrested at a vehicle checkpoint after consuming three beers. She was arrested and taken to the police station where …

U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald) by Here Judge Donald held that the warrantless use of a thermal imager violated the defendants’ Fourth Amendment rights, and concluded that prior cases that have addressed the same issue have “misframed” the …

U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs) by Here a divided en banc Court held that an unsupported tip is sufficient to support a warrant application - over the strong dissent of Judge Clay who accused the majority of driving …

U.S. v. Ross, No. 98-4100 (8th Cir.) (210 F.3d 916) (April 21, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Ross, No. 98-4100 (8th Cir.) (210 F.3d 916) (April 21, 2000) (Judge Donald P. Lay) by In reversing the downward departure based on the district court's belief that the facts of this case fell outside the "heartland" of cases for money laundering, the Court stated: "We find that …

U.S. v. Logan, No. 98-2839 (8th Cir.) (210 F.3d 820) (April 24, 2000) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Bruton Error

U.S. v. Logan, No. 98-2839 (8th Cir.) (210 F.3d 820) (April 24, 2000) (Judge Morris Sheppard Arnold) by Here the en banc court granted a rehearing to determine whether the defendant was denied his constitutional rights under the Confrontation Clause when a nontestifying co-defendant's statement that he planned and committed …

Rogowski v. Reno, No. Civ. 3:99cv790(PCD) (D.Conn.) (94 F.Supp.2d 177) (October 28, 1999) (Judge Peter C. Dorsey)

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

Filed under: Punch And Jurists, Detention - Generally

Rogowski v. Reno, No. Civ. 3:99cv790(PCD) (D.Conn.) (94 F.Supp.2d 177) (October 28, 1999) (Judge Peter C. Dorsey) by In this case, Rafal Rogowski, a native of Poland, had pled guilty to 17 felonies. The INS took him into custody after he completed his sentence pending his deportation back to Poland. …

Lyndonville Sav. Bank & Trust Co. v. Lussier, No. 98-7079 (2nd Cir.) (211 F.3d 697) (May 3, 2000) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists

Lyndonville Sav. Bank & Trust Co. v. Lussier, No. 98-7079 (2nd Cir.) (211 F.3d 697) (May 3, 2000) (Judge Richard J. Cardamone) by This is an interesting (albeit highly technical) decision about the rights of victims to enforce, through separate civil proceedings, restitution orders that have been ordered in criminal …

Hunter v. Heath, No. CV-00-323-ST (D.Or.) (95 F.Supp.2d 1140) (April 11, 2000) (Judge Magistrate)

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

Filed under: Retaliation, Punch And Jurists

Hunter v. Heath, No. CV-00-323-ST (D.Or.) (95 F.Supp.2d 1140) (April 11, 2000) (Judge Magistrate) by In this case the plaintiff worked as an inmate legal assistant in the Disciplinary Segregation Unit of his prison from October 10, 1998 February 9, 1999, when he was removed from his job. The Court …

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King) by Quote from the D.C. District Court on some of the evils of random, indiscriminate questioning of citizens that are a product of America's War on Drugs. QUOTE OF THE WEEK - Some …

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King)

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

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

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King) by Here the Court held that the burden of proof to recover legal fees under the Hyde Amendment is greater than the "substantially justified" burden under the Equal Access to Justice Act (28 …

U.S. v. Pirro, No. S2 99 CR. 182(BDP) (S.D.N.Y.) (96 F.Supp.2d 279) (December 9, 1999) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Pirro, No. S2 99 CR. 182(BDP) (S.D.N.Y.) (96 F.Supp.2d 279) (December 9, 1999) (Judge Barrington D. Jr. Parker) by In this case the Government and the defendant disputed whether the law requires an individual who is not a shareholder of record but who, as a "de facto " …

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)

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

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by In this case, the district court denied the defendant's motion to introduce expert testimony of the accuracy of eyewitness identification in part based on the defendant's alleged tardiness in seeking to introduce …

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by This decision is noted principally for its probing discussion and perceptive analysis of the factors that bear on the reliability of eyewitness identification - although this case also demonstrates an appalling example …

U.S. v. Sentamu, No. 99-1315 (2nd Cir.) (212 F.3d 127) (May 12, 2000) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Sentamu, No. 99-1315 (2nd Cir.) (212 F.3d 127) (May 12, 2000) (Judge Amalya Lyle Kearse) by In this case District Judge Sifton granted a defendant a one-level downward departure from his Guideline sentencing range of 30-37 based on the defendant's "voluntary agreement to be deported from the United …