Search | Punch and Jurists

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam) by Here, in a case of first impression, the Court held that a defendant's conviction under the schoolyard statute (21 USC § 860) rendered him ineligible to receive a sentencing adjustment under the safety-valve provisions …

U.S. v. Akande, No. 98-5526 (3rd Cir.) (200 F.3d 136) (December 28, 1999) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists

U.S. v. Akande, No. 98-5526 (3rd Cir.) (200 F.3d 136) (December 28, 1999) (Judge Joseph F. Jr. Weis) by In this case the Third Circuit held that a restitution order which included conduct outside the temporal limits set forth in the Information were improper because such conduct was not part …

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin) by Here the Court held that the mere fact that the trial court grants the defendant's motion for acquittal on some of the counts, but not on all, does not prove that …

U.S. v. Hartsel, No. 98-3639 (6th Cir.) (199 F.3d 812) (December 16, 1999) (Judge Joseph H. Jr. McKinley)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Hartsel, No. 98-3639 (6th Cir.) (199 F.3d 812) (December 16, 1999) (Judge Joseph H. Jr. McKinley) 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 …

U.S. v. Drew, No. 98-3120 (D.C. Cir.) (200 F.3d 871) (January 25, 2000) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Drew, No. 98-3120 (D.C. Cir.) (200 F.3d 871) (January 25, 2000) (Judge Karen LeCraft Henderson) by Court held that an enhancement for physical restraint under USSG § 3A1.3 was improper where the defendant ordered the victim to leave her bedroom and walk downstairs at gunpoint, since there was …

U.S. v. Dortch, No. 98-41129 (5th Cir.) (199 F.3d 193) (December 23, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Dortch, No. 98-41129 (5th Cir.) (199 F.3d 193) (December 23, 1999) (Judge Jerry E. Smith) by In this case, police officers stopped the defendant Dortch for a traffic violation. They called a dispatcher to run a computer check for warrants and to determine whether the car was stolen. …

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph) by This case is another reminder of the fact that the rights of aliens and illegal immigrants in America have been significantly eroded by recent legislation - a point that has …

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour) by This case speaks loudly about America’s concepts of the “evolving standards of decency” - an oft-quoted judicial platitude used to justify many puritanical decisions. The defendant in this case was convicted in …

U.S. v. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 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. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 1999) (Judge Mark W. Bennett) by Here the Court granted a downward departure to a defendant who was prosecuted in a district where the policy of the U.S. Attorney was not to grant cooperating defendants any use immunity …

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, Combination of Factors/Totality of Circumstances

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court rejected a ten-level downward departure based in part on the defendant's age (72 years old), noting that eight active judges on the Court are seventy years of age or …

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore) by In this case, the district court judge asked the defendant and his attorney to describe the defendant's current physical limitations. The defendant complained of a skin condition, lack of energy, and confusion, …

U.S. v. Marino, No. 99-1618 (1st Cir.) (200 F.3d 6) (December 29, 1999) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists

U.S. v. Marino, No. 99-1618 (1st Cir.) (200 F.3d 6) (December 29, 1999) (Judge Conrad K. Cyr) by Here the Court held that a retrial on a charge of conspiracy to commit murder was not barred by collateral estoppel after the defendants were acquitted on a count of using or …

U.S. v. Van Loben Sels, No. 98-10355 (9th Cir.) (198 F.3d 1161) (December 30, 1999) (Judge David O. Carter)

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

Filed under: Punch And Jurists

U.S. v. Van Loben Sels, No. 98-10355 (9th Cir.) (198 F.3d 1161) (December 30, 1999) (Judge David O. Carter) by The defendant in this case was the owner and chief executive officer of a hazardous waste treatment, storage and disposal facility. He was indicted in a 92 count indictment charging …

U.S. v. Gray, No. 99-1189 (1st Cir.) (199 F.3d 547) (December 23, 1999) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Jury Views

U.S. v. Gray, No. 99-1189 (1st Cir.) (199 F.3d 547) (December 23, 1999) (Judge Frank M. Coffin) by This case is noted for its discussion of the evidentiary value of “jury views” - the technique of allowing the jury to visit the scene of a crime. In this case, a …

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, Independent Source Doctrine

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones) by This is a significant Fourth Amendment case that discusses two important derivatives of the Fourth Amendment’s prohibitions against unreasonable searches - namely, the knock and announce rule and the “independent source doctrine.” …

U.S. v. 87 Blackheath Road, No. 99-6049 (2nd Cir.) (201 F.3d 98) (January 31, 2000) (Per Curiam)

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

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

U.S. v. 87 Blackheath Road, No. 99-6049 (2nd Cir.) (201 F.3d 98) (January 31, 2000) (Per Curiam) by Here the Court held that a claimant had no Sixth Amendment right to counsel to challenge a civil forfeiture, and thus had no entitlement to the appointment of CJA counsel for such …

U.S. v. Palafox-Mazon, No. 99-10026 (9th Cir.) (198 F.3d 1182) (January 3, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Jointly undertaken criminal activity

U.S. v. Palafox-Mazon, No. 99-10026 (9th Cir.) (198 F.3d 1182) (January 3, 2000) (Judge Harry Pregerson) by In this case the Ninth Circuit affirmed the district court's decision not to apply the "jointly undertaken criminal activity" provisions of USSG § 1B1.3(a)(1)(B) to three drug mules who were caught together transporting …

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand) by Once again, the Government has extended its jurisdictional might over citizens of other nations. In this case, which has far reaching implications, District Judge Sand of New York found …

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Bayless, No. 98-1580 (2nd Cir.) (201 F.3d 116) (January 18, 2000) (Judge Guido Calabresi) by In 1996, District Judge Baer created a grand furor when he granted a defendant’s suppression motion after he concluded that the police had difficulty articulating any "reasonable suspicion supported by articulable facts that …

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Constitutional Challenges

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph) by Some excerpts from an article in The New York Times in which columnist Nicholas Kristof recounted his interviews with five female aliens seeking asylum in America and are being held …