Search | Punch and Jurists

U.S. v. Cantu, No. 98-40799 (5th Cir.) (185 F.3d 298) (August 11, 1999) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists

U.S. v. Cantu, No. 98-40799 (5th Cir.) (185 F.3d 298) (August 11, 1999) (Judge Carl E. Stewart) by The principal issue before the Court in this case was whether the government violated a cooperation agreement and a separate plea agreement by charging and securing the conviction of Defendant-Appellant Roy Edward …

U.S. v. Rice, No. 98-51054 (5th Cir.) (185 F.3d 326) (August 12, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Rice, No. 98-51054 (5th Cir.) (185 F.3d 326) (August 12, 1999) (Judge Reynaldo G. Garza) by Here the Fifth Circuit held that the district court erred in failing to group the defendant's drug-related counts and his money-laundering counts for sentencing purposes, since it had the effect of impermissibly …

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Domestic Violence

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner) by Here the Court rejected a broad constitutional challenge broght by police officers to the provisions of the Gun Control Act (18 USC § 922(g)(9)) that prohibit persons convicted of domestic …

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides) by Among the many issues raised on this appeal was a challenge by two of the defendants that their mail fraud convictions were invalid because they were beyond the scope of the mail …

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt) by This is a significant decision dealing with the constitutionality of one of Congress’s pet rocks - the “three strikes” statutes. The defendant in this case challenged his life sentence on the grounds …

U.S. v. Rivard, No. 98-1369, No. 1168 (2nd Cir.) (184 F.3d 176) (July 13, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Imprisonment

U.S. v. Rivard, No. 98-1369, No. 1168 (2nd Cir.) (184 F.3d 176) (July 13, 1999) (Per Curiam) by Here the Court held that placement on a state's daily interrupt status, during which he was released from prison on weekdays for work release, but required to stay in prison on weekends, …

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (91 F.Supp.2d 141) (September 15, 1999) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (91 F.Supp.2d 141) (September 15, 1999) (Judge Mark L. Wolf) by "'Federal district courts annually approve over 500 requests for authorization to tap . . . telephones . . . . Requests are very rarely denied.' U.S. v. Aviles, 170 F.3d 863, 869 (9th …

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Collateral Estoppel

Securities and Exchange Commission v. Monarch Funding Corp., No. 98-6120 (2nd Cir.) (192 F.3d 295) (September 20, 1999) (Judge Joseph M. McLaughlin) by Here the Court held that giving preclusive effect in a civil action to findings made in a criminal sentencing proceeding "should be deemed improper" and it reversed …

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Limitations on Period of Detention

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood) by This is a case that evokes memories of Edward Everett Hale’s famous short story, “The Man Without a Country.” For those who have forgotten that memorable tale, the full text is available …

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

Gillespie v. City of Indianapolis, No. 98-2691 (7th Cir.) (185 F.3d 693) (July 9, 1999) (Judge Ilana Diamond Rovner) by The Court stated: "The Second Amendment provides that '[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear …

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Detention - Generally

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood) by Some comments from Justice Black about the parallels between the indefinite detention of illegal aliens by the INS and the practices of some of the most hated and notorious dictatorships in history. …

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel) by Here, joining the Third, Sixth, Ninth and Eleventh Circuits, the Tenth Circuit held that the assertion of an entrapment defense does not preclude a downward departure for acceptance of responsibility under USSG …

Hatch v. District of Columbia, No. 96-7247 (D.C. Cir.) (184 F.3d 846) (July 30, 1999) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

Hatch v. District of Columbia, No. 96-7247 (D.C. Cir.) (184 F.3d 846) (July 30, 1999) (Judge David S. Tatel) by Here the Court sharply limited a broad interpretation of the Supreme Court's use of "atypical and siginficant hardships" as used in Sandin v. Conner, and noted that it should be …

Hatch v. District of Columbia, No. 96-7247 (D.C. Cir.) (184 F.3d 846) (July 30, 1999) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

Hatch v. District of Columbia, No. 96-7247 (D.C. Cir.) (184 F.3d 846) (July 30, 1999) (Judge David S. Tatel) by The Court started this decision by stating: "Under Sandin v. Conner, segregative confinement in prison implicates a liberty interest protected by the Due Process Clause of the United States Constitution …

U.S. v. Yankowski, No. 98-30237 (9th Cir.) (184 F.3d 1071) (July 7, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Yankowski, No. 98-30237 (9th Cir.) (184 F.3d 1071) (July 7, 1999) (Judge Alfred T. Goodwin) by This is another one of those cases dealing with the never ending efforts of the Government to expand the scope of the Hobbs Act (18 U.S.C. § 1951(a)) beyond its statutory confines. …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey) by On this denial of a rehearing en banc, the Court slightly modified its prior decision reported at 173 F.3d 958, vacting final injunction granted by the district court to prevent prison officials …

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya) by As this case shows, the courts continue to struggle over the issue of whether they have the authority to intercede when the Government refuses to file a motion for a sentence reduction …

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg) by The Second Circuit described this case as “a good example of the growing complexity of the Guidelines and the difficulties in interpreting them.” (Id., at 205). It also shows the Guidelines penchant for …

U.S. v. Williamson, No. 98-40922 (5th Cir.) (183 F.3d 458) (August 17, 1999) (Judge Jerry E. Smith)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Williamson, No. 98-40922 (5th Cir.) (183 F.3d 458) (August 17, 1999) (Judge Jerry E. Smith) by In this decision, the Fifth Circuit joined with the D.C. Circuit in U.S. v. Price, 990 F.2d 1367 (D.C.Cir. 1993) in reaffirming its prior decisions that the Sentencing Commission exceeded its authority …

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (91 F.Supp.2d 141) (September 15, 1999) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (91 F.Supp.2d 141) (September 15, 1999) (Judge Mark L. Wolf) by At one point in this truly amazing 664-page epic, Judge Wolf recalled an auspicious warning made in 1924 by the then U.S. Attorney General when he appointed J. Edgar Hoover as the Acting …