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U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly) by Here the Tenth Circuit joined the vast majority of Circuits in holding that a district court may consider conduct unrelated to the offense of conviction in determining whether a defendant is …

Romandine v. U.S., No. 99-1940 (7th Cir.) (206 F.3d 731) (March 14, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Romandine v. U.S., No. 99-1940 (7th Cir.) (206 F.3d 731) (March 14, 2000) (Judge Frank H. Easterbrook) by Here the Court added to a Circuit split in holding that a district court may not, under the provisions of 18 U.S.C. § 3584(a), require that its sentence be served consecutively to …

U.S. v. Ruiz Rijo, No. Crim. 99-118 PG (D.Puerto Rico) (87 F.Supp.2d 69) (February 17, 2000) (Judge Juan M. Perez-Gimenez)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Ruiz Rijo, No. Crim. 99-118 PG (D.Puerto Rico) (87 F.Supp.2d 69) (February 17, 2000) (Judge Juan M. Perez-Gimenez) by In this case the defendant challenged the constitutionality of the appointment of U.S. Attorney Gill, alleging that his continued intermin appointment was improper under the provisions of 28 U.S.C. …

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman) by In this case, the Sixth Circuit held that the provisions of 18 U.S.C. § 922(g)(9) are constitutional despite the fact that they do not require the Government to prove that the defendant …

U.S. v. Torres-Galindo, No. 99-1013 (1st Cir.) (206 F.3d 136) (March 22, 2000) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Torres-Galindo, No. 99-1013 (1st Cir.) (206 F.3d 136) (March 22, 2000) (Judge Juan R. Torruella) by Here the Court criticized the FBI's policy of not recording confessions, preferring instead to rely on the testimony of the interviewing agents, stating that the use of inexpensive recording techniques would facilitate …

U.S. v. Thomas, No. 99-10355 (9th Cir.) (211 F.3d 1186) (May 8, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Thomas, No. 99-10355 (9th Cir.) (211 F.3d 1186) (May 8, 2000) (Judge Stephen Reinhardt) by In this decision the Ninth Circuit reversed a district court ruling and rejected the government’s far-fetched argument that a detective had reasonable suspicion to order an investigatory stop of a vehicle based on …

U.S. v. Moody, No. 98-6142 (6th Cir.) (206 F.3d 609) (January 25, 2000) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Moody, No. 98-6142 (6th Cir.) (206 F.3d 609) (January 25, 2000) (Judge Eric L. Clay) by Here the Sixth Circuit reluctantly followed current Supreme Court precedent in holding that a defendant has no right to counsel in pre-indictment criminal proceedings, a policy which it shaprly criticized as out …

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer) by Here, while acknowledging that Rule 11 does not require "literal compliance," a failure to advise the defendant that he faced a mandatory minimium sentence was error that was not harmless. In this …

U.S. v. Wilson, No. 98-4208 (4th Cir.) (205 F.3d 720) (March 7, 2000) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Wilson, No. 98-4208 (4th Cir.) (205 F.3d 720) (March 7, 2000) (Judge M. Blane Michael) by United States v. Brugal, 209 F.3d 353 (4th Cir. 2000) (En Banc) (Judge Hamilton) United States v. Wilson, 205 F.3d 720 (4th Cir. 2000) (En Banc) (Judge Michael) In both of these …

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby)

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

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

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby) by Here the Court held that the defendant was properly convicted of using or possessing a firearm in connection with a drug crime under 18 USC § 924(c) even though his actual use in …

Humanitarian Law Project v. Reno, No. 98-56062 (9th Cir.) (205 F.3d 1130) (March 3, 2000) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. Reno, No. 98-56062 (9th Cir.) (205 F.3d 1130) (March 3, 2000) (Judge Alex Kozinski) by Both sides appealed from the judgment of the District Court a preliminary injunction barring enforcement of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. …

In Re Sealed Case, No. 97-3104 (D.C. Cir.) (204 F.3d 1170) (March 14, 2000) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Cooperation with Local Authorities

In Re Sealed Case, No. 97-3104 (D.C. Cir.) (204 F.3d 1170) (March 14, 2000) (Judge Judith W. Rogers) by In this case, the defendant failed to object at sentencing when the district court refused to grant him a downward departure for substantial assistance (under U.S.S.G. § 5K1.1) based on assistance …

U.S. v. Ranger Electronic Communications, Inc., No. 98-2255 (6th Cir.) (210 F.3d 627) (April 24, 2000) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists

U.S. v. Ranger Electronic Communications, Inc., No. 98-2255 (6th Cir.) (210 F.3d 627) (April 24, 2000) (Judge Eugene E. Jr. Siler) by In this case the Sixth Circuit became the first circuit to address some of the procedural issues and questions that have arisen in a number of district court …

U.S. v. Tomasino, No. 99-2796 (7th Cir.) (206 F.3d 739) (March 15, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Tomasino, No. 99-2796 (7th Cir.) (206 F.3d 739) (March 15, 2000) (Judge Richard A. Posner) by In this case, the Government appealed from a decision by the district court, reported at 57 F.Supp.2d 565, in which it refused to enhance the defendant’s mail fraud sentence under U.S.S.G. § …

U.S. v. Saling, No. 99-40411 (5th Cir.) (205 F.3d 764) (February 29, 2000) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Saling, No. 99-40411 (5th Cir.) (205 F.3d 764) (February 29, 2000) (Judge Henry A. Politz) by In this case, the defendant's plea agreement "expressly provided that the govermment would not oppose the federal sentence running concurrent with Saling's state sentences." (Id., at 765). In addition, it was agreed …

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl) by All of the appellants in this case argued that the district court erred in imposing a six-level increase to their offense levels because more than 100 aliens were involved in their crime. …

U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg) by In this decision, a divided Eighth Circuit panel affirmed Judge Kopf's earlier decision, reported at 41 F.Supp.2d 1004 (D.Neb. 1999), which was reviewed in the 6/21/99 issue of P&J. Essentially, in that …

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth) by The defendants in this case were health care services providers convicted of perpetrating a scheme to fraudulently obtain Medicare funds. In an in limine motion, the defendants unsuccessfully sought …

Closs v. Weber, No. Civ. 99-4124 (D.S.D.) (87 F.Supp.2d 921) (December 23, 1999) (Judge Lawrence L. Piersol)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Closs v. Weber, No. Civ. 99-4124 (D.S.D.) (87 F.Supp.2d 921) (December 23, 1999) (Judge Lawrence L. Piersol) by Here the Court held that the petitioner's due process rights were violated where his parole was revoked for exercising his right to refuse psychotropic medication which was ordered to be administered by …

Fuentes v. Wagner, No. 99-1062 (3rd Cir.) (206 F.3d 335) (March 1, 2000) (Judge Theodore A. McKee)

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

Filed under: Excessive Force, Punch And Jurists

Fuentes v. Wagner, No. 99-1062 (3rd Cir.) (206 F.3d 335) (March 1, 2000) (Judge Theodore A. McKee) by In this case the U.S. Court of Appeals for the Third Circuit held that when a pretrial detainee alleges that prison guards used excessive force he or she must show that the …