Search | Punch and Jurists

U.S. v. West, No. 95-6960 (11th Cir.) (201 F.3d 1312) (January 26, 2000) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. West, No. 95-6960 (11th Cir.) (201 F.3d 1312) (January 26, 2000) (Per Curiam) by Here the Court vacated a CCE conviction because the district court had failed to give the now-required jury instruction, a la Richardson v. U.S., 526 U.S. 813 (1999), of the need to unanimously agree …

U.S. v. Nathan, No. 98-4750 (4th Cir.) (202 F.3d 230) (January 19, 2000) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. Nathan, No. 98-4750 (4th Cir.) (202 F.3d 230) (January 19, 2000) (Judge Paul V. Niemeyer) by This case deals with the controversial program, known as Project Exile, which was implemented in the cities of Norfolk and Richmond, Virginia in late 1996, under which State firearms-related crimes are transferred …

U.S. v. Prosperi, No. 98-4605 (11th Cir.) (201 F.3d 1335) (January 28, 2000) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Prosperi, No. 98-4605 (11th Cir.) (201 F.3d 1335) (January 28, 2000) (Judge Phyllis A. Kravitch) by Here, as a matter of first impression, the Court held that 18 USC § 513(c)(1), which proscribes the the making of counterfeit securities, does not require proof of similitude to the genuine …

U.S. v. Santos, No. 99-2934 (7th Cir.) (201 F.3d 953) (January 19, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Santos, No. 99-2934 (7th Cir.) (201 F.3d 953) (January 19, 2000) (Judge Richard A. Posner) by Here the Court held that the hearsay rule's business records exception applies only to materials that have been created or adopted by the business records keeper and does not apply to information …

U.S. v. Anty, No. 99-4077 (4th Cir.) (203 F.3d 305) (February 14, 2000) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists

U.S. v. Anty, No. 99-4077 (4th Cir.) (203 F.3d 305) (February 14, 2000) (Judge Paul V. Niemeyer) by In this case, the Fourth Circuit extended previous ruling on the Singleton issue, holding that the Government may pay money, in addition to offering leniency, in exchange for testimony without violating the …

U.S. v. Elliott, No. Crim. No. 3:99CR27-02 (E.D.Va.) (83 F.Supp.2d 637) (September 29, 1999) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Elliott, No. Crim. No. 3:99CR27-02 (E.D.Va.) (83 F.Supp.2d 637) (September 29, 1999) (Judge Robert E. Payne) by In this case, Judge Payne ordered the suppression of evidence after the DEA improperly destroyed material, potentially exculpatory evidence. Here, the DEA had been monitoring the defendant and his brother for …

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly) by After noting a statutory ambiguity in, and a Circuit split on the interpretation of, the Federal murder-for-hire statute (18 USC § 1958), the Fifth Circuit held that the Government had sufficiently established …

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Anders Brief

Hughes v. Booker, No. 98-60786 (5th Cir.) (203 F.3d 894) (February 24, 2000) (Judge Emilio M. Garza) by In this case, a pro se prisoner incarcerated in the Parchman Penitentiary in Mississipi accomplished a rare feat - he proved that he had been denied effective assistance of counsel - warranting …

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly) by In rejecting claims that the district court had denied the defendant a fair trial by frequently questioning a Government witness, creating an aura of partiality towards the Government, the Fifth Circuit stated: …

U.S. v. Roberts, No. 99-40351 (5th Cir.) (203 F.3d 867) (February 11, 2000) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Roberts, No. 99-40351 (5th Cir.) (203 F.3d 867) (February 11, 2000) (Judge Fortunato P. Benavides) by In this case the Court held that it was proper to impose a seven-level enhancement on a defendant under U.S.S.G. § 2B3.1(b)(2)(A) for the discharge of a gun during a robbery, even …

Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson) by Once again the Tenth Circuit has invalidated the Bureau of Prisons' regulations and related program statement establishing eligibility criteria for sentence reductions to prisoners who complete drug treatment programs. The Court held …

Lindstrom v. Graber, No. 99-2886 (7th Cir.) (203 F.3d 470) (February 1, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

Lindstrom v. Graber, No. 99-2886 (7th Cir.) (203 F.3d 470) (February 1, 2000) (Judge Richard A. Posner) by Here the Seventh Circuit issued formal notice of disciplinary proceedings under Fed.R.App.P. 46(c) against an Assistant U.S. Attorney who deliberately misled the court causing a habeas motion to be rendered moot in …

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo) 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 …

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (201 F.3d 1166) (January 31, 2000) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Rape Shield Rule

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (201 F.3d 1166) (January 31, 2000) (Judge A. Wallace Tashima) by Here the Court reversed a decision precluding evidence of prior acts of sexual abuse of a minor because the defense had failed to give the requisite 15-day notice, holding that the interests …

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Detention - Generally

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy) by Ma v. Reno, 2000 WL 358445 (9th Cir. 4/10/00) (Judge Reinhardt) Ho v. Greene, 204 F.3d 1045 (10th Cir. 2000) (Judge Murphy) Despite growing cries of outrage, the INS continues to hold …

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas) by Some years ago, District Judge Stanley Sporkin condemned the Parole Commission for its policy of placing probationers on a never-ending treadmill, by violating them for various infractions of their “special parole”, and …

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 QUOTE OF THE WEEK - Executive Detention - the Hallmark of the Totalitarian State. "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the departure that it …

Lopez v. Smith, No. 97-16987 (9th Cir.) (203 F.3d 1122) (February 10, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Frivolous Claims

Lopez v. Smith, No. 97-16987 (9th Cir.) (203 F.3d 1122) (February 10, 2000) (Judge Michael Daly Hawkins) by In this case the en banc Court vacated a panel's previous decision that affirmed the district court's dismissal of a suit for damages under 42 U.S.C. § 1983 without granting the prisoner …

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote) by Court held that an expert witness presented by the government at trial can testify about characteristics of a particular type of fraudulent scheme but will not be allowed to testify …