Search | Punch and Jurists

U.S. v. Aker, No. 98-1900 (1st Cir.) (181 F.3d 167) (June 28, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists

U.S. v. Aker, No. 98-1900 (1st Cir.) (181 F.3d 167) (June 28, 1999) (Judge Michael Boudin) by In denying a departure based on diminished capacity, the district court stated: "I do find diminished physical capacity, 5K2.13, and emotional condition, 5H1.3. But I do not consider the proposed departure an encouraged …

U.S. v. Forman, No. 98-1111 (6th Cir.) (180 F.3d 766) (June 21, 1999) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists

U.S. v. Forman, No. 98-1111 (6th Cir.) (180 F.3d 766) (June 21, 1999) (Judge Allen E. Norris) by Here the defendant was first prosecuted on two counts: one count of obstruction of justice in violation of 18 U.S.C. § 1503, and one count of criminal contempt in violation of 18 …

U.S. v. Colorado Supreme Court, No. 98-1081 (10th Cir.) (189 F.3d 1281) (September 1, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Colorado Supreme Court, No. 98-1081 (10th Cir.) (189 F.3d 1281) (September 1, 1999) (Judge Stephanie K. Seymour) by In this case, the Tenth Circuit (which brought us the Singleton case (U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998)), has thrown another wrench into the Government's efforts to …

U.S. v. Jackson, No. 98-2025 (7th Cir.) (189 F.3d 502) (August 24, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Jackson, No. 98-2025 (7th Cir.) (189 F.3d 502) (August 24, 1999) (Judge John L. Coffey) by Here the Court held that, notwithstanding the defendant's prior invocation of his Miranda rights, law enforcement agents did not violate the defendant's rights by revealing the existence of a second investigation and …

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam) by Here the Court reversed a district court's holding that the Probation Department has the authority to impose an occupational restriction on a defendant as a condition of his supervised release, when the sentencing court …

U.S. v. King, No. 98-5393 (11th Cir.) (178 F.3d 1376) (June 29, 1999) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Federal Bank Robbery Act

U.S. v. King, No. 98-5393 (11th Cir.) (178 F.3d 1376) (June 29, 1999) (Judge Peter T. Fay) by This case deals with another Federal statute that is rapidly relegating the States to the role of observers in still another area of law enforcement: bank robberies. Under the Federal Bank Robbery …

U.S. v. Forman, No. 98-1111 (6th Cir.) (180 F.3d 766) (June 21, 1999) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists

U.S. v. Forman, No. 98-1111 (6th Cir.) (180 F.3d 766) (June 21, 1999) (Judge Allen E. Norris) by Here the Court rejected the defendant's attempt to resurrect the "same evidence test" that the Supreme Court briefly endorsed, but then rejected in U.S. v. Dixon, 509 U.S. 688 (1993), in analyzing …

Richardson v. Reno, No. 98-4230 (11th Cir.) (180 F.3d 1311) (July 14, 1999) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Richardson v. Reno, No. 98-4230 (11th Cir.) (180 F.3d 1311) (July 14, 1999) (Judge Frank May Hull) by On remand from the Supreme Court, the Court reaffirmed its opinion previously reported at 162 F.3d 1338, that the IIRIRA precludes habeas jurisdiction over an alien's petition challenging his deportation, albeit on …

U.S. v. Forbes, No. 98-2302 (1st Cir.) (181 F.3d 1) (May 24, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Consent

U.S. v. Forbes, No. 98-2302 (1st Cir.) (181 F.3d 1) (May 24, 1999) (Judge Norman H. Stahl) by This is an interesting motorist search case in which the underlying issue was whether the district court erred in denying a motion to suppress evidence seized during a warrantless search of a …

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam) by QUOTE OF THE WEEK - The latest figures released by the Department of Justice's Bureau of Justice Statistics show that there are now more than 4.1 million Americans serving at the pleasure of parole …

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum) by In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine …

Hose v. I.N.S., No. 97-15789 (9th Cir.) (180 F.3d 992) (June 10, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Hose v. I.N.S., No. 97-15789 (9th Cir.) (180 F.3d 992) (June 10, 1999) (Judge Sidney R. Thomas) by Here the en banc court affirmed the dismissal of the petitioner's challenge to his deportation proceedings, but on different grounds than the panel's decision reported at 141 F.3d 932, based largely on …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas) by Set forth below is our review of the eartlier decision reported at 168 F.3d 1148 (most of which was approved by the instant decision): The petitioner in this case was a forty-five …

U.S. v. Berg, No. 98-2468 (8th Cir.) (178 F.3d 976) (May 27, 1999) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists

U.S. v. Berg, No. 98-2468 (8th Cir.) (178 F.3d 976) (May 27, 1999) (Judge Richard S. Arnold) by QUOTE OF THE WEEK - "What a sad kettle of fish!" Those were the words that Judge Bright used to describe his feelings about the misguided policy and the inherent unfairness of …

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker) by In this case, the defendant was indicted on charges that included conspiracy to distribute marijuana. In proffer sessions held soon after his indictment, he lied to prosecutors about the scope of the …

U.S. v. Payne, No. 98-5197 (6th Cir.) (181 F.3d 781) (June 22, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Payne, No. 98-5197 (6th Cir.) (181 F.3d 781) (June 22, 1999) (Judge Karen Nelson Moore) by In this case the Court held that evidence obtained by a parole officer in violation of the Fourth Amendment must be suppressed in a subsequent criminal proceeding. The defendant was paroled from …

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett)

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

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

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett) by The defendants in this case robbed a sporting goods store and its owner of several firearms, including a machine gun. It was stipulated during trial that the stolen firearms were simply carried …

U.S. v. Cook, No. 98-2581 (11th Cir.) (181 F.3d 1232) (July 20, 1999) (Judge Jr. Julian Abele Cook)

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

Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury

U.S. v. Cook, No. 98-2581 (11th Cir.) (181 F.3d 1232) (July 20, 1999) (Judge Jr. Julian Abele Cook) by Here the Court held that the two-level enhancement for reckless endangerment during flight (USSG § 3C1.2) when applied to persons who were not driving the vehicle in question requires proof of …

U.S. v. Jimenez-Martinez, No. 98-41164 (5th Cir.) (179 F.3d 980) (July 6, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Jimenez-Martinez, No. 98-41164 (5th Cir.) (179 F.3d 980) (July 6, 1999) (Per Curiam) by Here the Court held that the district court had jurisdiction to revoke a yerm of supervised release where arrest warrant was issued during term of supervised release but revocation hearing was hot held until …

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman) by Here the Court held that the Government's conclusory and uncorroborated statements concerning the defendant's alleged membership in a terrorist organization were insifficient to warrant an upward departure in his criminal history …