Search | Punch and Jurists

Zakiya v. Reno, No. Civ.A. 98-1516-AM (E.D.Va.) (52 F.Supp.2d 629) (May 4, 1999) (Judge Leonie M. Brinkema)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

Zakiya v. Reno, No. Civ.A. 98-1516-AM (E.D.Va.) (52 F.Supp.2d 629) (May 4, 1999) (Judge Leonie M. Brinkema) by The petitioner in this case was convicted of tax evasion and was sentenced to 16 months in prison, a $25,000 fine and three years of supervised release. He began his sentence on …

U.S. v. Luca, No. 98-10041 (9th Cir.) (183 F.3d 1018) (July 7, 1999) (Judge James K. Jr. Singleton)

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

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Luca, No. 98-10041 (9th Cir.) (183 F.3d 1018) (July 7, 1999) (Judge James K. Jr. Singleton) by One of the issues addressed in this case was a four-level enhancement based on the district court's conclusion that the defendant was an organizer or leader of a criminal enterprise that …

U.S. v. Davis, No. 98-6251 (3rd Cir.) (183 F.3d 231) (July 19, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 98-6251 (3rd Cir.) (183 F.3d 231) (July 19, 1999) (Judge Edward R. Becker) by Here the Third Circuit reversed a series of of obstruction of justice convictions on various grounds, including a significant holding that interference with a wiretap investigation is not a "judicial proceeding" for …

U.S. v. Moure-Ortiz, No. 98-1128 (1st Cir.) (184 F.3d 1) (July 8, 1999) (Judge Raymond L. Acosta)

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

Filed under: Punch And Jurists

U.S. v. Moure-Ortiz, No. 98-1128 (1st Cir.) (184 F.3d 1) (July 8, 1999) (Judge Raymond L. Acosta) by

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy) by

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, Aberrant Behavior

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel) by Here the Court held that the fact that the defendant's conduct in his cocaine transaction was allegedly carefully planned did not preclude a downward departure based on aberrant behavior. Citing its decision …

Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler) by Case held that county could not claim qualified immunity in action charging that general strip searches of detainees violated the Fourth Amendment in the absence of reasonable suspicion that detainees were concealing …

U.S. v. Register, No. 96-2599 (11th Cir.) (182 F.3d 820) (July 29, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Register, No. 96-2599 (11th Cir.) (182 F.3d 820) (July 29, 1999) (Judge Phyllis A. Kravitch) by One of the many issues raised in this case was whether the district court had erred in refusing to grant Charles Register an adversarial, pre-trial hearing with respect to the government's filing …

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, Disruption of Governmental Function

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides) by Here the Court affirmed a six-level enhancement for disruption of governmental function under USSG § 5K2.7, based on a gambling license application which failed to disclose several ownership interests, because it shielded …

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood) by This case deals with a common sentencing problem: How does one fight the prevalent practice of using “estimates” or “averages” at sentencing hearings to determine the amount of drugs, or money, or …

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (192 F.3d 1188) (September 30, 1999) (Judge Susan P. Graber)

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

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

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (192 F.3d 1188) (September 30, 1999) (Judge Susan P. Graber) by In this case, the majority held that the provisions of the federal "Three Strikes" law, 18 USC § 3559, that count prior convictions of robberies as strikes unless the defendant can muster …

Tourscher v. McCullough, No. 97-3671 (3rd Cir.) (184 F.3d 236) (July 12, 1999) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, UNICOR

Tourscher v. McCullough, No. 97-3671 (3rd Cir.) (184 F.3d 236) (July 12, 1999) (Judge Arthur L. Alarcon) by This prison rights suit raises two interesting and potentially far reaching claims that deal with the issue of forced labor in American prisons - a concept that our Government is fond of …

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by Here the Court affirmed its prior decisions that the practice of allowing juror questions is a matter committed to the sound discretion of the trial judge and is not prejudicial per …

U.S. v. Stephenson, No. 98-1490 (2nd Cir.) (183 F.3d 110) (June 30, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists

U.S. v. Stephenson, No. 98-1490 (2nd Cir.) (183 F.3d 110) (June 30, 1999) (Judge Ralph K. Jr. Winter) by Here, in a one sentence ruling, the Second Circuit agreed with the Tenth Circuit's en banc ruling in U.S. v. Singleton, 165 F.3d 1297, and held that 18 USC § 201(c)(2) …

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by The Court stated: "The district court's factual determination that Brockman was financially able to afford representation was not clearly erroneous. The evidence presented showed that Brockman received 'living expenses' of about …

U.S. v. Garcia, No. 97-80727 (E.D.Mich.) (68 F.Supp.2d 802) (September 22, 1999) (Judge Nancy G. Edmunds)

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

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

U.S. v. Garcia, No. 97-80727 (E.D.Mich.) (68 F.Supp.2d 802) (September 22, 1999) (Judge Nancy G. Edmunds) by The defendant in this case was charged with conspiracy and various substantive violations of the RICO statutes, including a charge that he committed murder in violation of the Federal law, known as the …

U.S. v. Hill, No. CR 99-60010-01-HO (D.Or.) (51 F.Supp.2d 1091) (May 12, 1999) (Judge Magistrate)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Hill, No. CR 99-60010-01-HO (D.Or.) (51 F.Supp.2d 1091) (May 12, 1999) (Judge Magistrate) by In this case the Court denied a Government request to impose conditions of release designed to interfere with a couple's spousal relationship in order to induce the defendant's fugitive spouse to voluntarily surrender on …

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo) by In this decision, which contains an excellent review of the law, particularly in the Seventh Circuit, relating to Rule 804(b)(3), the Court held that a codefendant's statement indicating thatb the defendant was …

U.S. v. Lake, No. CRIM. 97-693 (D.N.J.) (53 F.Supp.2d 771) (June 23, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Lake, No. CRIM. 97-693 (D.N.J.) (53 F.Supp.2d 771) (June 23, 1999) (Judge Stephen M. Orlofsky) by

U.S. v. Brugal, No. 98-4255 (4th Cir.) (185 F.3d 205) (July 19, 1999) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Brugal, No. 98-4255 (4th Cir.) (185 F.3d 205) (July 19, 1999) (Judge Francis D. Jr. Murnaghan) by United States v. Worley, 193 F.3d 380 (6th Cir. 1999) (Judge Jones) United States v. Brugal, 185 F.3d 205 (4th Cir. 1999) (Judge Murnaghan) It is not surprising that one gets …