Search | Punch and Jurists

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon) by

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, Crimes of Violence/Violent Felony

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. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown) by This is another case that exposes one of the traps of plea-bargaining - being sentenced for counts that are dismissed; but it is particularly noted for a somewhat technical limitation on the …

U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum) by While Rule 608(b) generally forbids proving specific instances of a witness' conduct for the purpose of attacking or supporting the witness' credibility, it does leave the ultimiate decision to the discretion of …

U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez) by In this case, the defendant withdrew his not guilty plea based on the Government's promise to recommend that that he be sentenced under the "safety valve provisions of 18 U.S.C. § 3553(f). …

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, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

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. 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, Travel Restrictions

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. Monzon-Valenzuela, No. 98-30202 (9th Cir.) (186 F.3d 1181) (September 10, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Monzon-Valenzuela, No. 98-30202 (9th Cir.) (186 F.3d 1181) (September 10, 1999) (Judge Alfred T. Goodwin) by In this case the Court reversed an obstruction of justice enhancement under USSG § 3C1.1 for testifying falsely at trial was not justified where the judge made no independent finding of perjury …

U.S. v. Mikalajunas, No. 98-4002 (4th Cir.) (186 F.3d 490) (July 21, 1999) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Mikalajunas, No. 98-4002 (4th Cir.) (186 F.3d 490) (July 21, 1999) (Judge William W. Jr. Wilkins) by Here the majority held that a sentencing error that kept two prisoners in jail for an extra 12 and 52 months respectively was not a sufficient miscarriage of justice to warrant …

Bowen v. Roe, No. 98-56308 (9th Cir.) (188 F.3d 1157) (August 30, 1999) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

Bowen v. Roe, No. 98-56308 (9th Cir.) (188 F.3d 1157) (August 30, 1999) (Judge Cynthia Holcomb Hall) by The Court stated: "The issue certified for a ppeal effectively asks: When a habeas petitioner has sought direct review of a judgment of conviction in the highest state court, but thereafter does …

U.S. v. Dakota, No. 97-2256 (6th Cir.) (197 F.3d 821) (December 17, 1999) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Dakota, No. 97-2256 (6th Cir.) (197 F.3d 821) (December 17, 1999) (Judge Eugene E. Jr. Siler) by For a contray view, see U.S. v. Zwick, No. 98-3641 (3rd Cir. 12/15/99); and U.S. v. Santopietro, 166 F.3d 88 (2nd Cir. 1999). Here the Court held that the district court …

Cabello v. U.S., No. 98-1543 (7th Cir.) (188 F.3d 871) (August 18, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Conflict of Interest

Cabello v. U.S., No. 98-1543 (7th Cir.) (188 F.3d 871) (August 18, 1999) (Judge Diane P. Wood) by In this case, the defendant was first represented by court-appointed counsel. On the eve of trial, another lawyer appeared and announced that he would be representing the defendant. Neither the judge, the …

Fiduccia v. U.S. Dept. of Justice, No. 97-16420 (9th Cir.) (185 F.3d 1035) (August 4, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists

Fiduccia v. U.S. Dept. of Justice, No. 97-16420 (9th Cir.) (185 F.3d 1035) (August 4, 1999) (Judge Andrew J. Kleinfeld) by This case is noted for its detailed explanation of the history and purposes of the FOIA in the context of a 1986 request for information which the district court …

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam) by Here the Court rejected a challenge to a sentence on the grounds that the sentence violated the Congressional mandate set forth in 28 USC § 994(g) that the Guidelines must minimize the likelihood that …

Williams v. Taylor, No. 99-1 (4th Cir.) (189 F.3d 421) (August 2, 1999) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

Williams v. Taylor, No. 99-1 (4th Cir.) (189 F.3d 421) (August 2, 1999) (Judge J. Harvie III Wilkinson) by Here the district court had previously ruled that the petitioner was entitled to a hearing on several issues, including a prosecutor’s possible misconduct during a 1994 murder trial in failing to …

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael)

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

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

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael) by The Court stated: "The court also takes into consideration the inherent contradiction in the government's argument that the preponderance of the evidence will support holding this defendant accountable at sentencing …

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold)

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

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

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold) by Disagreeing with the Tenth Circuit, the Eighth Circuit held that the BOP's new regulations and program statement dealing with the eligibility of prisoners in a drug treatmnent program was a "manifestly permissible …

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie)

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

Filed under: Punch And Jurists, Voir Dire

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie) by This cases is noted for its detailed examination of 140 proposed voir dire questions for prospective jurors, in which it rejected 69 of the questions and modified another, on the grounds that they …

U.S. v. Yazzie, No. 98-2149 (10th Cir.) (188 F.3d 1178) (August 10, 1999) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists

U.S. v. Yazzie, No. 98-2149 (10th Cir.) (188 F.3d 1178) (August 10, 1999) (Judge John C. Porfilio) by Both defendants, Jones and Yazzie, appeals their convictions for second degree murder and aiding and abetting second degree murder. The Court of Appeals consolidated the two cases and reversed and remanded both …

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor) by Here the Court held that a delay of 52 months between the date of the indictment and the date of the defendant's arrest violated the defendant's Sixth Amendment rights to a speedy trial …