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U.S. v. Bartsma, No. 98-3305 (10th Cir.) (198 F.3d 1191) (November 9, 1999) (Judge Wade Brorby)

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

Filed under: Punch And Jurists

U.S. v. Bartsma, No. 98-3305 (10th Cir.) (198 F.3d 1191) (November 9, 1999) (Judge Wade Brorby) by Here the Tenth Circuit vacated sentence because the district court had failed to give the defendant advance notice of a sua sponte imposition of a special condition of supervised relief requiring him to …

U.S. v. Meyers, No. 98-8086 (10th Cir.) (200 F.3d 715) (January 4, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists

U.S. v. Meyers, No. 98-8086 (10th Cir.) (200 F.3d 715) (January 4, 2000) (Judge Michael R. Murphy) by Here, overruling prior precedent based on the Supreme Court's decision in Spencer v. Kemna, 523 U.S. 1, the Court held that an appeal from revocation of supervised release was mooted by the …

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold) by In this case the defendant signed a plea agreement in which he specifically undertook "to pay any restitution ordered by the District Court." He was then ordered to pay $138,941.40 in restitution, …

Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam) by Here the Court expounded upon the two criteria for a "class of one" equal protection claim, where the plaintiff alleges (a) intentional different treatment from others in the …

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed)

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

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

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed) by Here, one of those almost certain to be appealed cases from the Ninth Circuit, the Court held that a defendant did not “use” a firearm in connection with a drug crime because …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by Rarely does a case express as clearly as this one does the enormous advantages that accrue to the Government through the use of relevant conduct at sentencing. In this case, the defendant …

U.S. v. Johnson, No. 99-1414 (7th Cir.) (200 F.3d 529) (January 13, 2000) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Johnson, No. 99-1414 (7th Cir.) (200 F.3d 529) (January 13, 2000) (Judge Daniel A. Manion) by Here, although the court ultimately found the defendant had waived his claims of Jencks Act (18 USC § 3500) violations, the case is noted for its thorough review of the scope of …

U.S. v. Thomas, No. 99-2612 (8th Cir.) (198 F.3d 1063) (December 30, 1999) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Thomas, No. 99-2612 (8th Cir.) (198 F.3d 1063) (December 30, 1999) (Judge Roger L. Wollman) by In this case the defendant was sentenced to 121 months in prison for his participation in a drug conspiracy. As part of his sentence he was ordered to refrain from associating with …

Portuondo v. Agard, No. 98-1170 (U.S. Supreme Court) (529 U.S. 61; 120 S.Ct. 1119) (March 6, 2000) (Justice Scalia)

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

Filed under: Punch And Jurists, Summation

Portuondo v. Agard, No. 98-1170 (U.S. Supreme Court) (529 U.S. 61; 120 S.Ct. 1119) (March 6, 2000) (Justice Scalia) by In 1997, the Second Circuit held that a prosecutor may not, as part of her summation, use the mere fact of a defendant’s presence at his trial as the basis …

U.S. v. Zwick, No. 98-3641 (3rd Cir.) (199 F.3d 672) (December 15, 1999) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Zwick, No. 98-3641 (3rd Cir.) (199 F.3d 672) (December 15, 1999) (Judge Marjorie O. Rendell) by Here the Third Circuit added to one of the many Circuit splits over the interpretation of 18 U.S.C. § 666. The principal issue was whether § 666 requires some connection between the …

U.S. v. Williams, No. 99-33 (TFH) (D.D.C.) (77 F.Supp.2d 109) (November 24, 1999) (Judge Thomas F. Hogan)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Williams, No. 99-33 (TFH) (D.D.C.) (77 F.Supp.2d 109) (November 24, 1999) (Judge Thomas F. Hogan) by Here the Court denied a motion for a new trial, pursuant to Fed.R.Crim.P. 33, based on newly discovered evidence that a police witness, Detective Johnny St. Valentine Brown, who testified as an …

U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw) by Combs v. Coyle, 205 F.3d 269 (6th Cir. 2/23/00) (Judge Moore) United States v. Whitehead, 200 F.3d 634 (9th Cir. 2000) (Judge Wardlaw) Both of these cases deal with the ever-encroaching danger …

U.S. v. Shafer, No. 98-1955 (6th Cir.) (199 F.3d 826) (December 22, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Shafer, No. 98-1955 (6th Cir.) (199 F.3d 826) (December 22, 1999) (Judge Karen Nelson Moore) by The defendant in this case was convicted of making false statements in violation of 18 U.S.C. § 1001 - and, at sentencing, the district court included in its sentencing calculation as relevant …

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

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 …

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Jurisdiction

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya) by Here the First Circuit became the only Circuit to hold that the filing and notice requirements of 21 USC § 851(a)(1) (to establish prior convictions for sentence enhancement purposes) are not jurisdictional …

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that prosecutorial comment on a defendant’s pre-arrest silence violates his rights under the Self-Incrimination Clause, an issue on which the Circuits are radically divided. Combs v. Coyle, …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by QUOTE OF THE WEEK - One of the most graphic descriptions of the effects of "relevant conduct" on the sentencing process was made by Chief Judge Merritt of the Sixth Circuit, who …

Braun v. Powell, No. 97-C-0423 (E.D.Wisc.) (77 F.Supp.2d 973) (December 13, 1999) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Closure of Courtroom

Braun v. Powell, No. 97-C-0423 (E.D.Wisc.) (77 F.Supp.2d 973) (December 13, 1999) (Judge Lynn S. Adelman) by Here the Court held that the exclusion from a trial of a spectator who had been excused from the jury panel violated the defendant's Sixth Amendment right to a public trial.

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, Physical Condition

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court remanded for further findings a downward departure based on a series of ailments suffered by the defendant because the district court made no effort to ascertain whether the Bureau …

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, Family 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 as inadequate the district court's findings that one ground for a valid downward departure was the defendant's wife's health, noting that such a departure requires the defendant to …