Search | Punch and Jurists

U.S. v. Hill, No. 99-1158 (7th Cir.) (196 F.3d 806) (November 12, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Hill, No. 99-1158 (7th Cir.) (196 F.3d 806) (November 12, 1999) (Judge Richard A. Posner) by Here the Court held that the third sentence of 21 USC § 844(a) creates a separate crime of possession of crack, which is not a lesser included offense of possession with intent …

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez) by In this case the defendant was charged with two counts of possessing a firearm in violation of 18 USC § 922(g)(1) on the basis that he possessed multiple firearms at each of …

U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder) by Here court vacated a sentencing enhancement under USSG § 2K2.1(b)(5) on the grounds that it constituted impermissible double counting since a firearm possession under 18 USC § 922(g) is an "underlying offense" …

U.S. v. McIntosh, No. 98-4023 (7th Cir.) (198 F.3d 995) (January 5, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Frivolous Claims

U.S. v. McIntosh, No. 98-4023 (7th Cir.) (198 F.3d 995) (January 5, 2000) (Judge Michael S. Kanne) by In this case, the Seventh Circuit rejected the defendant’s claim that the district court had refused to grant him a sentence reduction for acceptance of responsibility, under U.S.S.G. § 3E1.1, as “punishment” …

Maryland Conf. of NAACP v. Maryland Dept. of Police, No. CIV. CCB-98-1098 (D.Md.) (72 F.Supp.2d 560) (September 30, 1999) (Judge Catherine C. Blake)

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

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

Maryland Conf. of NAACP v. Maryland Dept. of Police, No. CIV. CCB-98-1098 (D.Md.) (72 F.Supp.2d 560) (September 30, 1999) (Judge Catherine C. Blake) by In this case Judge Blake held that a branch of the NAACP had standing to bring a class action suit under 42 U.S.C. § 1983 in …

U.S. v. Kenrick, No. 98-1282 (1st Cir.) ( Slip ) (February 22, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Kenrick, No. 98-1282 (1st Cir.) ( Slip ) (February 22, 2000) (Judge Kermit A. Lipez) by United States v. Kenrick, No. 98-1283 (1st Cir. 8/2/00) (En Banc) (Judge Lipez) United States v. Kenrick, No. 98-1282 (1st Cir. 2/22/00) (Unpublished) (Judge Lipez) Last week we reviewed the First Circuit’s …

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam) by Here Chief Judge Farnan of the district court in Delaware held that any sexual intercourse between a prison guard and a prison inmate constitutes a per se violation of the Eighth Amendment …

U.S. v. Gonzales-Garcia, No. 1:98:CR:110 (W.D.Mich.) (73 F.Supp.2d 819) (July 13, 1999) (Judge Gordon J. Quist)

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

Filed under: Punch And Jurists, Bruton Error

U.S. v. Gonzales-Garcia, No. 1:98:CR:110 (W.D.Mich.) (73 F.Supp.2d 819) (July 13, 1999) (Judge Gordon J. Quist) by In holding that the redacted confession of a non-testifying codefendant could not be used against the defendant, the Court found two problems with the proposed redaction. "First, although the statement does not have …

U.S. v. Johnson, No. 99-30045 (9th Cir.) (196 F.3d 1000) (October 28, 1999) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Johnson, No. 99-30045 (9th Cir.) (196 F.3d 1000) (October 28, 1999) (Judge William A. Fletcher) by Here the Court held that a demand for a speedy trial on a Federal charge underlying a detainer starts the 180 day speedy trial provisions of the IAD when it was delivered …

U.S. v. Messer, No. 96-50493 (9th Cir.) (197 F.3d 330) (December 14, 1999) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Messer, No. 96-50493 (9th Cir.) (197 F.3d 330) (December 14, 1999) (Judge A. Wallace Tashima) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …

U.S. v. Barnett, No. 98-30365 (5th Cir.) (197 F.3d 138) (November 22, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Barnett, No. 98-30365 (5th Cir.) (197 F.3d 138) (November 22, 1999) (Judge Henry A. Politz) by With sweeping language, the Fifth Circuit held that 18 USC § 201(c)(2) is not violated when prosecutors compensate informants for their cooperation - apparently without any limits on the amount of compensation …

U.S. v. Barnett, No. 98-30365 (5th Cir.) (197 F.3d 138) (November 22, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Barnett, No. 98-30365 (5th Cir.) (197 F.3d 138) (November 22, 1999) (Judge Henry A. Politz) by Now that the Government has successfully quashed all efforts to limit its practice of offering lienency to the chosen few for giving testimony against co-defendants, the last remaining battle that remains out …

U.S. v. Walker, No. 99-3071 (3rd Cir.) (202 F.3d 181) (January 20, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Walker, No. 99-3071 (3rd Cir.) (202 F.3d 181) (January 20, 2000) (Judge Edward R. Becker) by QUOTE OF THE WEEK - Some interesting comments by Judge Becker about the Guidelines’ proclivity of emphasizing banal, esoteric and time-wasting issues. In the Walker case noted above, the Third Circuit was …

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen) by The defendant in this case was convicted of aggravated assault on a Federal officer when he "panicked" after being approached at night by four men in a parking lot and attempted to …

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills) by In this case the district court, in calculating the defendant's sentence for tax evasion, included interest and penalties. The defendant argued that that calculation was erroneous. In a wonderful example of selective choosing …

Bouayad v. Holmes, No. Civ.A. 99-5784 (E.D.Pa.) (74 F.Supp.2d 471) (December 17, 1999) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Detention - Generally

Bouayad v. Holmes, No. Civ.A. 99-5784 (E.D.Pa.) (74 F.Supp.2d 471) (December 17, 1999) (Judge Marvin Katz) by In holding that the mandatory detention of aliens pending removal proceedings violated the aliens' rights under the Due Process Clause, the Court noted that the Third Circuit has not, as yet, addressed the …

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. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter) by Here the Ninth Circuit held that the district court had erred when it concluded that it did not have authority to grant a sentence reduction in order to equalize disparate sentences, stating …

Froehlich v. State of Wis., Dept. of Corrections, No. 99-1102 (7th Cir.) (196 F.3d 800) (November 10, 1999) (Judge Richard A. Posner)

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

Filed under: Liberty Interests, Punch And Jurists

Froehlich v. State of Wis., Dept. of Corrections, No. 99-1102 (7th Cir.) (196 F.3d 800) (November 10, 1999) (Judge Richard A. Posner) by Here the Court rejected a series of constitutional challeges by the minor children of their incarcerated mother that her out-of-state prison transfer violated their rights to visit …

Franklin v. Terr, No. 98-16843 (9th Cir.) (201 F.3d 1098) (February 2, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Franklin v. Terr, No. 98-16843 (9th Cir.) (201 F.3d 1098) (February 2, 2000) (Judge Harry Pregerson) by Here, joining decisions from the 7th, 8th and 10th Circuits, the 9th Circuit held that witnesses have absolute immunity from damages under 42 USC § 1983, even when they conspire to present perjured …