Search | Punch and Jurists

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Threats

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg) by In this case, Popa, a political refugee from Romania who has resided in the US since 1986, made seven phone calls within one month to the office of the United States Attorney for …

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis)

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

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

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis) by This is a rare case in which the Court held that the district court erred in sentencing the defendant as a career offender under U.S.S.G. §§ 4B1.1 and 4A1.2, which nearly doubled …

U.S. v. Brown, No. 98-30463 (5th Cir.) (186 F.3d 661) (August 24, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Brown, No. 98-30463 (5th Cir.) (186 F.3d 661) (August 24, 1999) (Judge Jerry E. Smith) by This is a significant money-laundering case because we believe it shows a growing judicial dissatisfaction with the Government’s practice of attempting to use the Federal money laundering statutes to prosecute every garden-variety …

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis) by The Court stated: "It is clear from the plea colloquy that the district court did not ask Robinson whether he had read the written plea agreement and understood it. More importantly, the …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

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

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

U.S. v. Vega, No. 98-50548 (9th Cir.) (188 F.3d 1150) (August 26, 1999) (Judge Raner C. Collins)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Vega, No. 98-50548 (9th Cir.) (188 F.3d 1150) (August 26, 1999) (Judge Raner C. Collins) by Here the Court vacated a conviction because the Government failed to provide reasonable notice in advance of trial that it intended to use "other crimes" evidence, after the defendant specifically requested such …

U.S. v. Lloyd, No. 98-7480 (3rd Cir.) (188 F.3d 184) (August 13, 1999) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

U.S. v. Lloyd, No. 98-7480 (3rd Cir.) (188 F.3d 184) (August 13, 1999) (Judge Carol Los Mansmann) by Here, interpreting the Supreme Court's decision in Bousley v. U.S., the 3rd Circuit held that a petitioner who had procedurally defaulted his Bailey claim need not show actual innocence of less serious, …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson) by In this case the court addressed the constitutionality of a policy issued by the Maricopa County Sheriff prohibiting inmates from possessing “sexually explicit” material. Mauro, an inmate in the County jail filed …

U.S. v. Bin Laden, No. S(6) 98 Crim.1023 (LBS) (S.D.N.Y.) (58 F.Supp.2d 113) (June 30, 1999) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Bin Laden, No. S(6) 98 Crim.1023 (LBS) (S.D.N.Y.) (58 F.Supp.2d 113) (June 30, 1999) (Judge Leonard B. Sand) by This decision portends a disturbing new approach by the Government in its ongoing efforts to withhold discovery materials from the defense and to seek a veto over a defendant’s …

Ramdass v. Angelone, No. 98-30 (4th Cir.) (187 F.3d 396) (August 3, 1999) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

Ramdass v. Angelone, No. 98-30 (4th Cir.) (187 F.3d 396) (August 3, 1999) (Judge Paul V. Niemeyer) by In this case, after the state court denied him any relief, the petitioner sought habeas relief in the Federal courts, arguing that the state court had denied him his due process rights …

U.S. v. Anderson, No. 99-MC-305-JWL (D.Kan.) (55 F.Supp.2d 1163) (May 7, 1999) (Judge John W. Lungstrum)

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

Filed under: Punch And Jurists, Unindicted Co-Conspirators

U.S. v. Anderson, No. 99-MC-305-JWL (D.Kan.) (55 F.Supp.2d 1163) (May 7, 1999) (Judge John W. Lungstrum) by The Court stated: " It is undisputed that the movants here are widely known and highly respected health care lawyers, and the government has not tried to refute their claim that being labeled …

Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Exemptions

Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler) by This is an astonishing FOIA case which chronicles the exploits of the highest paid confidential informant in DEA history and shows how the Government then seeks to hide that information from …

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie) by Here the Court held that a defendant, who had received a maximum two-year term of imprisonment following revocation of supervised release, could not in addition be sentenced to a new term …

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay) by The Court stated: "Ordinarily, the government must move for a downward departure for substantial assistance before the district court can depart on that basis. See United States v. Stockdall, 45 F.3d 1257, …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)

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

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

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby) by Here the Court held that the BOP was well within its discretion in classifying all § 924(c) crimes as violent crimes for the purpose of denying eligibility to prisoners to participate …

U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith) by Here, the defendant relied primarily on U.S. v. Sloley, 19 F.3d 149, 154 (4th Cir. 1994), where that Court stated that "[i]f both § 3A1.2(b) and § 3C1.2 apply to a …

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen)

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

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

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen) by In this case the Government appealed from the district court’s determination (a) that the defendant was not subject to a two-level sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) because he had an unloaded …

U.S. v. Williams, No. 98-3083 (D.C. Cir.) (194 F.3d 100) (October 26, 1999) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Williams, No. 98-3083 (D.C. Cir.) (194 F.3d 100) (October 26, 1999) (Judge David S. Tatel) by This decision raises some tantalizing new questions about one of the drug laws’ most questionable hypotheses - namely that the quantity of drugs involved in a crime is not an essential element …

U.S. v. Escobar-De Jesus, No. 93-1608 (1st Cir.) (187 F.3d 148) (August 2, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

U.S. v. Escobar-De Jesus, No. 93-1608 (1st Cir.) (187 F.3d 148) (August 2, 1999) (Judge Kermit A. Lipez) by The Court stated: "In light of Richardson v. U.S., 526 U.S. 813 (1999)], the government concedes that the district court erred by failing to instruct the jurors that the 'violations' are …