Search | Punch and Jurists

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha) by We also reported this case in connection with another issue, namely the Tenth Circuit’s far-reaching holding that specific references in an indictment to statutes that set forth a sentencing cap do not …

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Sentencing, Punch And Jurists

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha) by United States v. Jones, 194 F.3d 1178 (10th Cir. 1999) (Judge Lucero) United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (Judge Tacha) Both of these cases deal with the latest …

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Retroactivity, Punch And Jurists

Wallace v. Reno, No. 98-2317 (1st Cir.) (194 F.3d 279) (October 26, 1999) (Judge Michael Boudin) by The Court stated that American-Arab actually "strengthens Goncalves in one pertinent respect: by narrowly construing section 242(g), it makes that provision even less useful to the government as a basis for restricting the …

U.S. v. Cordoba, No. 98-50082 (9th Cir.) (194 F.3d 1053) (November 12, 1999) (Judge Melvin Brunetti)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Cordoba, No. 98-50082 (9th Cir.) (194 F.3d 1053) (November 12, 1999) (Judge Melvin Brunetti) by In this case the Court affirmed a district court decision which held that polygraph evidence was properly excluded under the standards laid down by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals. …

U.S. v. Pitt, No. 98-7383 (3rd Cir.) (193 F.3d 751) (October 15, 1999) (Judge David D. Jr. Dowd)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Pitt, No. 98-7383 (3rd Cir.) (193 F.3d 751) (October 15, 1999) (Judge David D. Jr. Dowd) by The defendants in this case were convicted for their roles in attempting to distribute 486 kilograms of cocaine in the United States. In true Iran-contra style, they argued that their criminal …

U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes) by In this case, the defendant, who was convicted after trial, claimed that his counsel had been ineffective in not advising him that, if he was convicted after trial, he would be subject …

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit reaffirmed its view that a sentencing court may not use uncharged conduct as a basis for an upward departure since by accepting the plea agreement the …

People's Mojahedin Org. of Iran v. Dept. of State, No. 97-1648 (D.C. Cir.) (182 F.3d 17) (June 25, 1999) (Judge A. Raymond Randolph)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Constitutional Challenges/Claims

People's Mojahedin Org. of Iran v. Dept. of State, No. 97-1648 (D.C. Cir.) (182 F.3d 17) (June 25, 1999) (Judge A. Raymond Randolph) by Petitioners challenged the determination by the Secretary of State that petitioners were foreign terrorist organizations pursuant to 8 U.S.C. § 1189. The court affirmed the designation …

U.S. v. Albanese, No. 99-1078 (8th Cir.) (195 F.3d 389) (October 5, 1999) (Judge Pasco M. II Bowman)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Albanese, No. 99-1078 (8th Cir.) (195 F.3d 389) (October 5, 1999) (Judge Pasco M. II Bowman) by QUOTE OF THE WEEK - Some comments on the evils of bartered testimony. "One of the basics of our jurisprudence is the search for truth, and by this is meant not …

U.S. v. Jones, No. 97-1377 (10th Cir.) (194 F.3d 1178) (November 12, 1999) (Judge Carlos Lucero)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jones, No. 97-1377 (10th Cir.) (194 F.3d 1178) (November 12, 1999) (Judge Carlos Lucero) by United States v. Jones, 194 F.3d 1178 (10th Cir. 1999) (Judge Lucero) United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (Judge Tacha) Both of these cases deal with the latest expansion …

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson) by The opening paragraphs of this decision depict Government officials at their worst - racially motivated and vindictive in the extreme. Judge Ferguson explained: “This civil rights case is based on allegations of …

A.C.L.U. v. Reno, No. 98-5591 (E.D.Pa.) (31 F.Supp.2d 473) (February 1, 1999) (Judge Lowell A. Jr. Reed)

Article • December 1, 1999 • from P&J December, 1999

Filed under: First Amendment, Punch And Jurists

A.C.L.U. v. Reno, No. 98-5591 (E.D.Pa.) (31 F.Supp.2d 473) (February 1, 1999) (Judge Lowell A. Jr. Reed) by

Kirby v. James, No. 98-6236 (11th Cir.) (195 F.3d 1285) (November 17, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Megan's Laws

Kirby v. James, No. 98-6236 (11th Cir.) (195 F.3d 1285) (November 17, 1999) (Per Curiam) by In the instant case, the Eleventh Circuit held that attaching the label of “sex offender” to a prisoner who has never been convicted of a sexual offense is sufficiently stigmatizing as to trigger the …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by In this case, the Court departed from the holdings in several other Circuits which have focused on the word "available" in 42 U.S.C. § 1997e(a), holding that administrative remedies need not be …

U.S. v. Ducharme, No. 99-1103 (2nd Cir.) (193 F.3d 559) (September 22, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Bail Jumping

U.S. v. Ducharme, No. 99-1103 (2nd Cir.) (193 F.3d 559) (September 22, 1999) (Per Curiam) by The Court sumarized its position as follows: "The federal bail-jumping statute in effect in 1982, when Ducharme did not appear as ordered before the U.S. Marshal, provided in relevant part: Whoever, having been released …

U.S. v. Acheson, No. 98-3559 (11th Cir.) (195 F.3d 645) (November 12, 1999) (Judge Richard W. Story)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Acheson, No. 98-3559 (11th Cir.) (195 F.3d 645) (November 12, 1999) (Judge Richard W. Story) by Here the Court upheld as constitutional the same provisions of the Child Protection Pornography Act which the Ninth Circuit, in Free Speech Coalition v. Reno, (9th Cir. 1999) had held were unconstitutional. …

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate)

Article • December 1, 1999 • from P&J December, 1999

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

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate) by In a well-reasoned and impressive decision United States Magistrate Judge Komives held that the Prison Litigation Reform Act (PLRA) section limiting attorney fee awards to inmates under 42 U.S.C. § 1988 to 150 percent of …

Free Speech Coalition v. Reno, No. 97-16536 (9th Cir.) (198 F.3d 1083) (December 17, 1999) (Judge Donald W. Molloy)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

Free Speech Coalition v. Reno, No. 97-16536 (9th Cir.) (198 F.3d 1083) (December 17, 1999) (Judge Donald W. Molloy) by Here the Court held that certain provisions of the Child Pornography Act were unconstitutional on First Amendment grounds - a decision that is at odds with previous decisions in both …

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this amended decision the Court upheld the suppression of evidence and ruled that the provisions of Rule 41(b) were violated when the FBI, executing a warrant, refused to show the warrant …

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook) by In this drug case the Seventh Circuit reversed as improper a six-level upward departure that had been imposed at sentencing by the district court because of the unusually high purity of the …