Search | Punch and Jurists

U.S. v. Brown, No. 94-5511 (4th Cir.) (202 F.3d 691) (January 18, 2000) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists

U.S. v. Brown, No. 94-5511 (4th Cir.) (202 F.3d 691) (January 18, 2000) (Judge Robert Bruce King) by Here the Fourth Circuit reversed a CCE conviction, based in part on the Supreme Court's decision in Richardson v. U.S., principally because it was unsure which "series of violations" the Government had …

U.S. v. Dortch, No. 98-41129 (5th Cir.) (203 F.3d 883) (February 14, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Dortch, No. 98-41129 (5th Cir.) (203 F.3d 883) (February 14, 2000) (Per Curiam) by In this decision the Fifth Circuit denied a motion for a rehearing of its previous decision reported at 199 F.3d 193 (over the dissent of Judge Garwood), and affirmed its prior decision, correcting and …

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste) by United States v. Santana, 83 F.Supp.2d 224 (D.Puerto Rico 1999) (Judge Fusté) United States v. Peralta-Ramirez, 83 F.Supp.2d 263 (D.Puerto Rico 2000) (Judge Cerezo) Both of these cases deal with an …

U.S. v. Cheska, No. 98-2665 (7th Cir.) (202 F.3d 947) (January 31, 2000) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Summation

U.S. v. Cheska, No. 98-2665 (7th Cir.) (202 F.3d 947) (January 31, 2000) (Judge Ilana Diamond Rovner) by In this case the defendant and a co-defendant were charged with mail fraud in a scheme to kill horses for insurance money. At the trial, Tommy Burns, “a long time friend” of …

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Detention - Generally

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt) by Here the Ninth Circuit held that the immigration laws do not give the Attorney General the authority to detain indefinitely aliens whose countries of origin refuse to accept them back, and ordered that …

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux) by Court held that the provision of the federal Child Support Recovery Act that establishes a rebuttable presumption that a defendant was financially able to pay a support order violates the Fifth Amendment's Due …

U.S. v. Gonzalez, No. 99-1179 (1st Cir.) (202 F.3d 20) (January 24, 2000) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Gonzalez, No. 99-1179 (1st Cir.) (202 F.3d 20) (January 24, 2000) (Judge Norman H. Stahl) by In this case the defendant attempted to withdraw his plea under Fed.R.Crim.P. 32(e) on the grounds that neither his attorneys nor the district judge advised him that if he pleaded guilty, he …

Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg) by This is one of those forfeiture cases in which it is hard to believe that the Government could even argue with a straight face its position that the defendant had received adequate notice …

U.S. v. Davis, No. 98-4672 (4th Cir.) (202 F.3d 212) (January 6, 2000) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Explosives

U.S. v. Davis, No. 98-4672 (4th Cir.) (202 F.3d 212) (January 6, 2000) (Judge Robert Bruce King) by The defendant in this case was convicted, inter alia, of violating 18 U.S.C. § 1363, which criminalizes the destruction of certain property, as a result of firing gunshots into an occupied house …

West v. Vaughn, No. 98-1820 (3rd Cir.) (204 F.3d 53) (February 15, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

West v. Vaughn, No. 98-1820 (3rd Cir.) (204 F.3d 53) (February 15, 2000) (Judge Edward R. Becker) by This is a significant decision realating to the meaning of 28 USC § 2244(b)(2)(A) which held that certain cases not specifically made retroactive by the Supreme Court can still be deemed retroactive …

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson) by This supervised release case is noted principally for its detailed discussion of the legislative history of 18 U.S.C. § 3563(b) and its focus on what the Court described as a "clerical error" in …

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by QUOTE OF THE WEEK - The Impossible Goal - Rehabilitation in Prison "Instead of reforming its inmates, too often a prison converts them into 'hardened enem[ies] of society.' . . . …

U.S. v. Swiney, No. 97-6493 (6th Cir.) (203 F.3d 397) (February 14, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists

U.S. v. Swiney, No. 97-6493 (6th Cir.) (203 F.3d 397) (February 14, 2000) (Judge Richard F. Suhrheinrich) by Back in 1946, the Supreme Court held in Pinkerton v. U.S., 328 U.S. 640, 647-48 (1946), that a co-conspirator may be vicariously liable for a substantive offense committed by another co-conspirator if …

Garner v. Jones, No. 99-137 (U.S. Supreme Court) (529 U.S. 244; 120 S.Ct. 1362) (March 28, 2000) (Justice Kennedy)

Article • March 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists

Garner v. Jones, No. 99-137 (U.S. Supreme Court) (529 U.S. 244; 120 S.Ct. 1362) (March 28, 2000) (Justice Kennedy) by Here the Court held that the retroactive use of a new parole board rule, decreasing the frequency of parole hearings from every three years to every eight years, did not …

U.S. v. Rios-Quintero, No. 98-51084 (5th Cir.) (204 F.3d 214) (February 10, 2000) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Rios-Quintero, No. 98-51084 (5th Cir.) (204 F.3d 214) (February 10, 2000) (Judge Harold R. Jr. DeMoss) by In this case the Fifth Circuit held that the Supreme Court's decision in Jones v. U.S., 526 U.S. 227 (1999) was "not sufficiently clear or obvious" to warrant changing its precedent …

U.S. v. Dusenbery, No. 98-4014 (6th Cir.) (201 F.3d 763) (January 13, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists

U.S. v. Dusenbery, No. 98-4014 (6th Cir.) (201 F.3d 763) (January 13, 2000) (Judge Richard F. Suhrheinrich) by This forfeiture case is noted for its discussion of a property owner’s rights and remedies in a forfeiture case where the Government initially gave constitutionally defective notice of the proposed forfeiture and, …

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King)

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

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

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King) by Here the Fourth Circuit held that where a handgun had at least the "potential" of attracting the defendant into making a sale of drugs, a jury could properly conclude that the drug …

U.S. v. Balsam, No. 98-1476 (1st Cir.) (203 F.3d 72) (February 11, 2000) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Sealing

U.S. v. Balsam, No. 98-1476 (1st Cir.) (203 F.3d 72) (February 11, 2000) (Judge Conrad K. Cyr) by In affirming the district court's sealing of an indictment to protect a key Government witness, the Court stated that Fed.R.Crim.P. 6(e)(4) "rests on the premise that criminal defendants not yet in custody …

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt) by Here the Court held that a plea agreement entered after the district court improperly denied the defendant the right to represent himself at trial was not voluntarily entered into and had to be …

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch) by In this case, the First Circuit acknowledged the often forgotten principle of the “fair treatment of indigents” in the criminal justice system. The Court addressed the question of whether ex parte hearings …