Search | Punch and Jurists

U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl) by In this case, the First Circuit joined a majority of the Circuits in holding that a district court may use post-sentencing rehabilitation to depart downward in a sufficiently exceptional case; and its …

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay) by Approximately a year after the defendant in this case was sentenced, District Judge Piersol of South Dakota, upon a motion of the Government, filed an amended judgment adding two conditions of supervised …

U.S. v. Butler, No. 98-5552 (6th Cir.) (207 F.3d 839) (March 29, 2000) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Butler, No. 98-5552 (6th Cir.) (207 F.3d 839) (March 29, 2000) (Judge Eric L. Clay) by This consolidated appeal involved two different bank robberies (both of which involved a common defendant, Courtney Butler) and two different issues - both relating to the use of the two level enhancement …

U.S. v. Jackson, No. 98-2696 (7th Cir.) (207 F.3d 910) (March 23, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Jackson, No. 98-2696 (7th Cir.) (207 F.3d 910) (March 23, 2000) (Judge Richard A. Posner) by This multi-issue case, dealing principally with claims of error under with the wiretap laws, is noted for Judge Wood's dissenting opinion in which she objected to the majority's conclusion that the Government …

U.S. v. Freeman, No. 98-6636 (6th Cir.) (209 F.3d 464) (March 23, 2000) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Freeman, No. 98-6636 (6th Cir.) (209 F.3d 464) (March 23, 2000) (Judge Boyce F. Jr. Martin) by Here, with harsh words about the credibility of Memphis police officer David Tate, the Court reversed a conviction based on a search without probable cause, holding that the police created a …

U.S. v. Funds in the Name of John Hugh Wetterer, No. 98-6273 (2nd Cir.) (210 F.3d 96) (April 14, 2000) (Judge Dennis G. Jacobs)

Article • May 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Funds in the Name of John Hugh Wetterer, No. 98-6273 (2nd Cir.) (210 F.3d 96) (April 14, 2000) (Judge Dennis G. Jacobs) by On March 27, 2000, the Senate passed and sent to the President for his expected signature the long-debated Civil Asset Forfeiture Reform Act which shifts …

Escobar-Grijalva v. I.N.S., No. 98-71469 (9th Cir.) (206 F.3d 1331) (March 24, 2000) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Immigration Hearings

Escobar-Grijalva v. I.N.S., No. 98-71469 (9th Cir.) (206 F.3d 1331) (March 24, 2000) (Judge John T. Jr. Noonan) by This is an astonishing case - not just because of the actions of the Immigration Judge (IJ) in denying the petitioner her statutory right to counsel (pursuant to 8 U.S.C. § …

U.S. v. Hardeman, No. 97-10516 (9th Cir.) (206 F.3d 1320) (March 21, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Hardeman, No. 97-10516 (9th Cir.) (206 F.3d 1320) (March 21, 2000) (Per Curiam) by The Court summarized the issue raised in this appeal by reporting as follows: "On January 31, the district court held a status conference on various discovery disputes. Just prior to the conference, Hardeman filed …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (209 F.3d 935) (March 16, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Jury Coercion/Tampering

U.S. v. Tocco, No. 98-2312 (6th Cir.) (209 F.3d 935) (March 16, 2000) (Per Curiam) by In this case the en banc court declined to rehear the panel's original decision reported at 200 F.3d 401 (See P&J, 2/21/00) to allow the defendant to join a co-defendant's motion to unseal material …

U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin) by Here, citing its ruling in U.S. v. Bradstreet, 207 F.3d 76, the Court affirmed the district court's refusal to grant a downward departure based on post-sentence relabilitation, stressing the such departures, while permissible, …

Doe v. Barron, No. C-1-99-611 (S.D.Ohio) (92 F.Supp.2d 694) (August 12, 1999) (Judge Susan J. Dlott)

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

Filed under: Abortion, Punch And Jurists

Doe v. Barron, No. C-1-99-611 (S.D.Ohio) (92 F.Supp.2d 694) (August 12, 1999) (Judge Susan J. Dlott) by In this case, the plaintiff, a prisoner who was incarcerated and serving an eighteen-month sentence, requested access to an abortion. The prison denied her request and stated that it would not would provide …

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Due Process, Punch And Jurists

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich) by Quotes from two articles from The New York Times which commented on the prevalence of errors in capital cases in the United States. QUOTE OF THE WEEK - More evidence of the …

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Due Process, Punch And Jurists

Byrd v. Collins, No. 96-3209 (6th Cir.) (209 F.3d 486) (April 6, 2000) (Judge Richard F. Suhrheinrich) by This case is noted for Judge Jones’ brilliant dissent in which he decried the “intolerable abandonment of substantive and procedural principles” that appears prevalent in so many capital cases. Judge Nathaniel Jones’ …

Cook v. Wiley, No. 98-6273 (11th Cir.) (208 F.3d 1314) (April 14, 2000) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, RDAP

Cook v. Wiley, No. 98-6273 (11th Cir.) (208 F.3d 1314) (April 14, 2000) (Judge Edward E. Carnes) by Here the Court held that the BOP's revision of 28 C.F.R. § 550.58, as applied through its Policy Statement 5162.02(7), which excluded a personer from a sentence reduction under the drug treatment …

U.S. v. Harrison, No. 99-10496 (9th Cir.) (213 F.3d 1206) (May 30, 2000) (Judge Robert J. Kelleher)

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

Filed under: Punch And Jurists

U.S. v. Harrison, No. 99-10496 (9th Cir.) (213 F.3d 1206) (May 30, 2000) (Judge Robert J. Kelleher) by In a defense victory, the Ninth Circuit held that a defendant, who with the Government’s actual or constructive knowledge, retained counsel to represent him regarding matters that subsequently led to the filing …

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam) by As stated by Judge Lynch, in her dissent: "[This] the case has great constitutional and societal significance . . . . [I]t is an important one, not just for the development of Fourth Amendment …

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey) by In this case the defendant originally pled guilty to a charge of theft of Government property and he was sentenced to a term of two years probation. The decision does not disclose …

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross)

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

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

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross) by The defendant in this case was serving time in a State prison on a drug charge when the INS, during a “routine screening of inmates,” discovered that he had previously been deported. …

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman) by As this case shows, one of the most conceptually confusing topics in criminal law is the use of “prior bad acts” evidence during a criminal trial. That issue is extremely important, …

U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam) by Here the Court held that an assertion in the defendant's presentence report that he would have stolen all 87 guns on display in a store he attempted to rob was insufficient to justify a …