Search | Punch and Jurists

U.S. v. Romero, No. CR 99-0048 CRB (N.D.Cal.) (71 F.Supp.2d 1021) (June 16, 1999) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Romero, No. CR 99-0048 CRB (N.D.Cal.) (71 F.Supp.2d 1021) (June 16, 1999) (Judge Charles R. Breyer) by Here the Court granted a motion to suppress evidence obtained during a pat-down search at an airport of a Hispanic who was travelling to mexico, concluding that the search was not …

U.S. v. Harris, No. 99-1994 (7th Cir.) (197 F.3d 870) (November 30, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Harris, No. 99-1994 (7th Cir.) (197 F.3d 870) (November 30, 1999) (Judge Joel L. Flaum) by Here the Court held that the use of peremptory challenges to strike a potential juror due to her disability did not violate the defendant's constitutional rights, although the juror cannot be removed …

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat) by In its decision, the court noted that, after Bank of Nova Scotia, a court may not, in the absence of racial discrimination in the grand jury pool, dismiss an indictment on …

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky) by The Court summarized its views by stating: " I find that the Defendant, Paul Baxt, has not demonstrated that the Government's delay in bringing the indictment in this case was caused …

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza) by In affirming a four-level enhancement under the "fencing enhancement" provisions of U.S.S.G. § 2B1.1(b)(4)(B), the Court stated that such an enhancement "is intended as a 'punishment for fences, people who buy and …

U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler) by In holding that a 270-day violation of the Speedy Trial Act mandated a dismissal of the defendant's indictment with prejudice, the Court noted that the Government argued that the delays were due …

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein)

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

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

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein) by In denying a request for attorneys' fees under the Hyde Amendment (18 U.S.C. § 3006A, Note), the Court reasoned as follows: "A 'vexatious proceeding' is defined as a "proceeding instituted maliciously and …

U.S. v. Hill, No. 98-1446 (10th Cir.) (197 F.3d 436) (November 18, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Ends of Justice Continuances

U.S. v. Hill, No. 98-1446 (10th Cir.) (197 F.3d 436) (November 18, 1999) (Judge Mary Beck Briscoe) by Here the Court held that granting the Government an open-ended "ends of justice" continuance under § 3161(h)(8) of the Speedy Trial Act was appropriate to resolve open issues that were being considered …

Chambers v. Bowersox, No. 97-3067 (8th Cir.) (197 F.3d 308) (November 5, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Stays

Chambers v. Bowersox, No. 97-3067 (8th Cir.) (197 F.3d 308) (November 5, 1999) (Per Curiam) by Here the Court acknowledged that in deciding its previous ruling it followed its rule that a certificate of appealability, specifying issues, is required in cases in which the notice of appeal is filed after …

U.S. v. Miranda, No. 97-5502 (11th Cir.) (197 F.3d 1357) (December 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Miranda, No. 97-5502 (11th Cir.) (197 F.3d 1357) (December 15, 1999) (Per Curiam) by This is an interesting case in which the Eleventh Circuit not only vacated a money laundering conspiracy conviction on ex post facto grounds (because the alleged conspiracy had ended more than a year prior …

U.S. v. Carrillo, No. 99 CR 54 (N.D.Ill.) (70 F.Supp.2d 854) (October 14, 1999) (Judge Charles R. Sr. Norgle)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Carrillo, No. 99 CR 54 (N.D.Ill.) (70 F.Supp.2d 854) (October 14, 1999) (Judge Charles R. Sr. Norgle) by In holding that suppression of evidence is not a remedy available to defendants for a violation of Article 36 of the Vienna Convention, the Court stated: "The Vienna Convention, a …

U.S. v. Rodriguez-Lopez, No. 98-50674 (9th Cir.) (198 F.3d 773) (December 20, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Rodriguez-Lopez, No. 98-50674 (9th Cir.) (198 F.3d 773) (December 20, 1999) (Judge Stephen Reinhardt) by Here a divided panel from the Ninth Circuit held that an alien/defendant's offer to stipulate to deportation is a vaild basis for a downward departure frim the Guidelines sentencing range regardless of whether …

Glover v. Johnson, No. 95-1521 (6th Cir.) (198 F.3d 557) (December 14, 1999) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Bias/Discrimination

Glover v. Johnson, No. 95-1521 (6th Cir.) (198 F.3d 557) (December 14, 1999) (Judge James L. Ryan) by Here a majority of the Sixth Circuit held, after more than 20 years of litigation, that female prisoners in Michigan finally had achieved access to educational, vocational, and apprenticeship programs that were …

U.S. v. Midgett, No. 99-4206 (4th Cir.) (198 F.3d 143) (November 30, 1999) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Commitment

U.S. v. Midgett, No. 99-4206 (4th Cir.) (198 F.3d 143) (November 30, 1999) (Judge William B. Jr. Traxler) by In this case the defendant entered a conditional guilty plea to the charge of possessing a firearm by a person who has been committed to a mental institution, in violation of …

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner) by Here the court granted a series of downward departures, including one based on an extraordinary physical condition and one based on the court's disagreement with the Government's estimate of the quantity of drugs involved. …

U.S. v. Weston, No. CRIM. A. 98-357 EGS (D.D.C.) (69 F.Supp.2d 99) (September 9, 1999) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. CRIM. A. 98-357 EGS (D.D.C.) (69 F.Supp.2d 99) (September 9, 1999) (Judge Emmet G. Sullivan) by In this decision, the District Court authorized the use of antipsychotic drugs on a pretrial detainee, based on the BOP's finding that the use of such drugs was necessary for …

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Franklin, No. 98-3014 (7th Cir.) (197 F.3d 266) (November 22, 1999) (Judge Michael S. Kanne) by The Court stated: "We review a district court judge's decision not to recuse himself for abuse of discretion or showing of prejudice. See United States v. Bunch, 730 F.2d 517, 519 (7th …

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

U.S. v. Smith, No. 98-5888 (6th Cir.) (197 F.3d 225) (November 24, 1999) (Judge Gilbert S. Merritt) by Here the Court held trhat because the 5-year limitations period set forth in 18 USC 3282 stops running when the indictment is filed, a superseding indictment brought later is still valid so …

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, Victims - Official

U.S. v. Walker, No. 99-3071 (3rd Cir.) (202 F.3d 181) (January 20, 2000) (Judge Edward R. Becker) by With some caustic words about the tendency of the Guidelines to force the courts to consider hair-splitting issues, the Court reversed an "official victim" enhancement under § 3A1.2(b) where an inmate assaulted …

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl) by Here the Court explored the meaning of "fully taken into account" as used in USSG § 5G1.3(b) and held that relevant conduct can be used to determine whether a defendant's sentence must …