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U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker) by Here the Second Circuit held that in computing a defendant's relevant conduct for the purposes of the gun enhancement in USSG § 2K2.1 it is not proper to include State firearms …

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz) by Here the Fifth Circuit vacated a conviction and sentence after the district court had improperly involved itself in plea discussions in violation of Fed.R.Crim.P. 11(e)(1) - and it sharply defined the permitted …

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington) by This is a rare decision in which Judge Harrington granted a Writ of Coram Nobis to vacate a conviction and expunge the defendant’s criminal record, after the defendant had pled guilty and …

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes)

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

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

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes) by In a footnote to this case, the Court stated that “With the exception of a Tenth Circuit opinion construing the time period for appeal, see U.S. v. Robbins, 179 F.3d 1268, 1270 …

U.S. v. Irons, No. 98-3732 (6th Cir.) (196 F.3d 634) (October 27, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Irons, No. 98-3732 (6th Cir.) (196 F.3d 634) (October 27, 1999) (Judge Leroy J. Jr. Contie) by Here the Sixth Circuit held that separate crimes were not part of a "single common scheme or plan" simply because they were part of the same crime spree, had the same …

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull) by On remand from the Supreme Court's decision in Neder v. U.S., 527 U.S. 1 (1999), the Court held that the district court's failure to instruct the jury on materiality as an element …

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson) by Here the Eleventh Circuit held that the district court had erred in granting a judgment of acquittal on three money laundering counts due to the small amount of illegal funds involved, the …

Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Defense - Right to Present

Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman) by In this case Judge Adelman granted a writ of habeas corpus to a petitioner who had been denied the right to present expert psychiatric testimony regarding a post-traumatic stress disorder, which denied her …

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer)

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

Filed under: Excessive Force, Punch And Jurists

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer) by In this case the Court held that the act of a police officer in shooting a hollow tipped magnum bullet at a car to stop it during a chase constituted a "seizure" …

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam)

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

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

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam) by Adding to the Circuit split on this issue, a majority held that the recent BOP regulations which deny participation in drug treatment programs to prisoners whose offenses involved firearms were a reasonable exercise of …

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer) by This case is an example of the stark reality that different standards often apply when courts are called upon to sentence those who work for “the Government” and those who don’t. In …

U.S. v. Smith, No. 98-5888 (6th Cir.) (197 F.3d 225) (November 24, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Recorded Recollection

U.S. v. Smith, No. 98-5888 (6th Cir.) (197 F.3d 225) (November 24, 1999) (Judge Gilbert S. Merritt) by In this case one defendant challenged the admission of a "Recorded Recollection" of the testimony of one witness against him, claiming that the court erred in admitting that evidence of a past …

U.S. v. Sotomayor Vazquez, No. CR. 97-091(JAF) (D.Puerto Rico) (69 F.Supp.2d 286) (October 25, 1999) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Sotomayor Vazquez, No. CR. 97-091(JAF) (D.Puerto Rico) (69 F.Supp.2d 286) (October 25, 1999) (Judge Jose Antonio Fuste) by

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin) by This case is a study of life in the Bronx and it is noted for its discussion of two separate downward departure sentencing issues. Judge Scheindlin granted downward departures …

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker)

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

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

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker) by Here, although the Court agreed that the defendants were the prevailing parties, it declined to grant fees under the Hyde Amendment because it concluded that the criminal action had not been filed …

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin) by This case is a study of life in the Bronx and it is noted for its discussion of two separate downward departure sentencing issues. Judge Scheindlin granted downward departures …

Paul P. v. Farmer, No. Civ. No. 97-2919 (D.N.J.) (92 F.Supp.2d 410) (January 24, 2000) (Judge Joseph E. Irenas)

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

Filed under: Punch And Jurists, Megan's Laws

Paul P. v. Farmer, No. Civ. No. 97-2919 (D.N.J.) (92 F.Supp.2d 410) (January 24, 2000) (Judge Joseph E. Irenas) by As this decision shows, the battle over this country’s Megan-laws continues. The plaintiffs in this much litigated class action lawsuit are convicted sex offenders who are subject to the registration …

U.S. v. Turner, No. 98-4320 (4th Cir.) (198 F.3d 425) (December 2, 1999) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists

U.S. v. Turner, No. 98-4320 (4th Cir.) (198 F.3d 425) (December 2, 1999) (Judge Robert Bruce King) by Here the Court held that a defendant was improperly denied the right to question a cooperating witness about her perceptions of the sentencing risks she faced before agreeing to cooperate, although it …

U.S. v. Winchenbach, No. 99-1202 (1st Cir.) (197 F.3d 548) (December 2, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Evidence - Extrinsic

U.S. v. Winchenbach, No. 99-1202 (1st Cir.) (197 F.3d 548) (December 2, 1999) (Judge Bruce M. Selya) by In this case the Court addressed "the line of demarcation between two closely related but poorly understood rules of evidence", name Rules 608(b) and 613(b), both of which relate to credibility-related use …

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz) by Rule 11(e)(1) of the Fed.R.Crim.P. states that a court shall not participate in any plea agreement discussions. As set forth in the Advisory Committee Notes to that Rule, there are valid reasons …