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Moore v. Reno, No. 98-55588 (9th Cir.) (185 F.3d 1054) (August 5, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

Moore v. Reno, No. 98-55588 (9th Cir.) (185 F.3d 1054) (August 5, 1999) (Per Curiam) by Here the defendant asked the Court to conclude that federal habeas relief is an ineffective remedy because he was denied permission by this court to file a successive § 2255 motion; and that he …

U.S. v. Johnson, No. 98-30297 (9th Cir.) (187 F.3d 1129) (August 16, 1999) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Johnson, No. 98-30297 (9th Cir.) (187 F.3d 1129) (August 16, 1999) (Judge Warren J. Ferguson) by One of the issues addressed in this case dealt with the “restraint of victim” sentencing enhancement contained in U.S.S.G. § 3A1.3, which permits the court to impose a two-level enhancement “if a …

U.S. v. Hambrick, No. CRIM. A. 98-0042-C (W.D.Va.) (55 F.Supp.2d 504) (July 7, 1999) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Hambrick, No. CRIM. A. 98-0042-C (W.D.Va.) (55 F.Supp.2d 504) (July 7, 1999) (Judge James H. Jr. Michael) by It often seems that, with each new technological advance that society makes, and with each new political imperative the Government adopts, the Fourth Amendment’s mandate that searches require probable cause …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by Here the Court questioned whether the exhaustion requirement of 42 U.S.C. § 1997e(a) applies to deliberate indifference claims in the context of suits for monetary damages where an administrative appeal could …

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland) by Thirty six years ago, in Brady v. Maryland, 373 U.S. 83, 87 (1963), the Supreme Court held that the Due Process Clause imposes upon the prosecution a …

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland) by Famous quote from Justice Sutherland in Berger v. United States, 295 U.S. 78, 88 (1934) regarding the duty of prosecutors to refrain from striking foul blows in …

Phan v. Reno, No. C98-234Z (W.D.Wash.) (56 F.Supp.2d 1149) (July 9, 1999) (Judge John C. Coughenour)

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

Filed under: Punch And Jurists, Detention - Generally

Phan v. Reno, No. C98-234Z (W.D.Wash.) (56 F.Supp.2d 1149) (July 9, 1999) (Judge John C. Coughenour) by In this case, the petitioners argued that the procedural scheme of their continued detention awaiting deportation as it now exists is structurally biased against meaningful review of petitioners' individual circumstances and therefore violates …

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 Here the Court rejected a Government appeal that the defendant should have been given an enhancement under USSG § 2D1.1(b)(1) and should have been denied a safety valve reduction because it failed …

U.S. v. Garth, No. 97-1042 (3rd Cir.) (188 F.3d 99) (August 16, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists

U.S. v. Garth, No. 97-1042 (3rd Cir.) (188 F.3d 99) (August 16, 1999) (Judge Theodore A. McKee) by In this case the Court noted, but failed to take sides, on the disagreement between the Second and Sixth Circuits as to whether a defendant can be found guilty of a gun …

U.S. v. Drapeau, No. 97-4163 (8th Cir.) (188 F.3d 987) (August 20, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Drapeau, No. 97-4163 (8th Cir.) (188 F.3d 987) (August 20, 1999) (Judge David R. Hansen) by Following an earlier remand, the Court concluded that the district court did not err in imposing an "official victim" enhancement under USSG § 3A1.2(a) where it found that a policeman was a …

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …

U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple)

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

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

U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple) by Here the Court held that the admission of evidence about a prior crime was improper under Fed.R.Evid. Rule 404(b), both because the prior crime was not similar to the instant charge, and …

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, Alcohol - Prohibition on use of

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. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum) by The Court distinguished U.S. v. Prendergast, 979 F.2d 1289 (8th Cir. 1992) and U.S. v. Bass, 121 F.3d 1218 (8th Cir. 1997), holding that in the instant case there was "specific evidence …

U.S. v. Armstrong, No. 98-4905 (4th Cir.) (187 F.3d 392) (July 15, 1999) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Armstrong, No. 98-4905 (4th Cir.) (187 F.3d 392) (July 15, 1999) (Judge J. Michael Luttig) by The Court held that Scott had superseded the Fourth Circuit's previous ruling in U.S. v. Workman, 585 F.2d 1205 (4th Cir. 1978) - and it noted that, even before the Supreme Court's …

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry) by Relying on the Supreme Court's decision in Lilly v. Virginia, 119 S.Ct. 1887 (1999), the Court concluded that the statements in question neither fell into a "firmly rooted" exception to the hearsay …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Deliberate Indifference

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by This case calls to mind the question once asked by the Roman scholar Juvenal: "Quis custodiet ipsos custodes"- which, roughly translated, means "who will guard the guardians"? Here, reversing a decision …

Ferguson v. City of Charleston, S.C., No. 97-2512 (4th Cir.) (186 F.3d 469) (July 13, 1999) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Special Needs Exception

Ferguson v. City of Charleston, S.C., No. 97-2512 (4th Cir.) (186 F.3d 469) (July 13, 1999) (Judge William W. Jr. Wilkins) by This decision deals with a controversial program adopted by the Medical University of South Carolina (MUSC), in consultation with various courts, social service agencies, and law enforcement agencies …

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker) by Here, departing from the rule in other Circuits, the Court held that oral stipulations under USSG § 1B1.2(a) require careful scrutiny and must meet strict requirements before they will qualify as a …

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes) by Here the Court held that the district court erred by relying on immunized statements made pursuant to USSG § 1B1.8, even though the Government alleged the defendant had breached his earlier plea …