Search | Punch and Jurists

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Socio-Economic Status

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court reversed a downward departure based on the defendant's "overwhelming community support and service", concluding that the departure really involved the defendant's socio-economic status, a prohibited factor under USSG § …

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate)

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

Filed under: Forfeiture, Punch And Jurists

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate) by Here the Court denied the Government's motion, under 28 USC § 2044, to apply $5,000 in bail money (that had been posted by the defendant's counsel) to a criminal restitution order, holding that § 2044 …

U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry) by This case deals with the outrageous practice by which prosecutors are often able to manipulate the system to assure that cases involving multiple defendants are assigned to a preferred “pro-Government” district judge. …

U.S. v. Mosley, No. No. 97-4901 (4th Cir.) (200 F.3d 218) (December 30, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Mosley, No. No. 97-4901 (4th Cir.) (200 F.3d 218) (December 30, 1999) (Per Curiam) by In this case the defendant argued that, under the current version of U.S.S.G § 5G1.3(c), the district court was required to add together the drug weights from his instant offense and the drug …

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett) by United States v. Ringis, 78 F.Supp.2d 905 (N.D.Iowa 1999) United States v. Clark, 79 F.Supp.2d 1066 (D.D.Iowa 1999) These two decisions, written by Judge Bennett (who is probably the country’s most prolific …

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby) by The defendant in this case was convicted of three counts of knowingly filing a false tax return, in violation of 26 U.S.C. § 7206(1), arising out of her embezzlement of funds from her …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (199 F.3d 915) (December 10, 1999) (Judge William J. Bauer) by In an earlier decision of this case (see P&J, 6/28/99), the Seventh Circuit held that the trial court’s decision to deny a continuance and refusal to ask at voir dire four out …

U.S. v. Morley, No. 98-1894 (3rd Cir.) (199 F.3d 129) (December 8, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Morley, No. 98-1894 (3rd Cir.) (199 F.3d 129) (December 8, 1999) (Judge Theodore A. McKee) by The defendant in this case was charged with and convicted of criminal conspiracy, bank fraud, mail fraud and wire fraud arising out of his alleged attestation to a forged signature on a …

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (199 F.3d 1037) (December 21, 1999) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (199 F.3d 1037) (December 21, 1999) (Judge William A. Fletcher) by Here the Ninth Circuit (in an en banc decision) reversed a panel’s previous decision to grant injunctive relief to a group of plaintiffs in a class action lawsuit against the …

U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent)

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

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent) by Judge Kent from Texas rejected a portion of attorney's request for compensation under the Criminal Justice Act after concluding that the CJA does not permit compensation of attorneys for time and expenses …

U.S. v. Olaniyi-Oke, No. 98-51124 (5th Cir.) (199 F.3d 767) (December 30, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Olaniyi-Oke, No. 98-51124 (5th Cir.) (199 F.3d 767) (December 30, 1999) (Judge Jerry E. Smith) by United States v. Olaniyi-Oke, 199 F.3d 767 (5th Cir. 1999) (Judge Smith) United States v. Hartsel, 199 F.3d 812 (6th Cir. 1999) (Judge McKinley) Both of these cases are unusual in that …

U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart) by Here, relying in its decision in U.S. v. Marmolejo, 139 F.3d 528, the Fifth Circuit once again affirmed the minority view that on a restencing a defendant is limited to raising only …

Murr v. U.S., No. 98-6202 (6th Cir.) (200 F.3d 895) (January 7, 2000) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists

Murr v. U.S., No. 98-6202 (6th Cir.) (200 F.3d 895) (January 7, 2000) (Judge Eric L. Clay) by Here the Court held that the trial court's failure to instruct the jury that it must unanimously agree about which violatiuons were a continuing series of predicate violations for CCE purposes was …

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella) by Here the Court affirmed the denial of a minimal role-in-the-offense sentence adjustment to three seamen who were transporting cocaine since they were not convicted of conspiracy, but possession, which made their knowledge …

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Searches - Knock and Announce

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones) by Here the Sixth Circuit affirmed that a knock-and-announce search which in executed in a manner that does not give the occupants a reasonable opportunity to answer is invalid and warrants the suppression …

Matthew v. Johnson, No. 97-10990 (5th Cir.) (201 F.3d 353) (January 11, 2000) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists

Matthew v. Johnson, No. 97-10990 (5th Cir.) (201 F.3d 353) (January 11, 2000) (Judge Carolyn Dineen King) by In the instant case, the Fifth Circuit concluded that the discovery requirement recognized in Brady v. Maryland, 373 U.S. 83 (1963), does not apply when the accused does not go to trial. …

Boyle v. Million, No. 98-6485 (6th Cir.) (201 F.3d 711) (January 7, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Summation

Boyle v. Million, No. 98-6485 (6th Cir.) (201 F.3d 711) (January 7, 2000) (Judge Martha Craig Daughtrey) by In this case, with unusually caustic words, the Sixth Circuit addressed a series of extraordinary and incredibly inappropriate comments by a State prosecutor throughout a trial, holding that they were so flagrant …

U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black) by The defendants in this case were charged with various crimes arising out of the alleged curruption of the process by which a local county selected an underwriter for refunding municipal water and …

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor)

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

Filed under: Punch And Jurists, Strickland Standard

Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor) by Supreme Court vacated a decision by the Ninth Circuit which granted relief to a defendant whose counsel failed to file a notice of appeal based on its precedent that counsel's …

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval) by In this case, a prisoner's § 1983 complaint was sua sponte dismissed without prejudice for failure to exhaust his administrative remedies. The prisoner was not afforded notice or an opportunity to be …