Search | Punch and Jurists

U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman) by Here the Sixth Circuit joined the Second, Fifth, Ninth and Tenth Circuits in holding that materiality is not an element of 18 USC § 287, in part because it would set up …

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Credits

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion) by Here the Court rejected the petitioner's contention that a state court's determination that his state sentence was to be concurrent with his prior federal sentence was binding on the BOP or entitled …

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler) by In this "old law" case, the Court granted the defendant a 10-year reduction in his sentence based in part on the isolated nature of his confinement and in part on the "considerable" disparity …

U.S. v. Gilbert, No. 97-1792 (6th Cir.) (173 F.3d 974) (April 2, 1999) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Gilbert, No. 97-1792 (6th Cir.) (173 F.3d 974) (April 2, 1999) (Judge David A. Nelson) by Over the dissent of Judge Coffman, the Court rejected the defendant's claim that two prior crack transactions shoiuld not have been included as relevant conduct in determining his sentence for selling .14 …

U.S. v. McGuire, No. 97-3542 (3rd Cir.) (178 F.3d 203) (May 28, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. McGuire, No. 97-3542 (3rd Cir.) (178 F.3d 203) (May 28, 1999) (Judge Theodore A. McKee) by Quote from Jodge Jon Newman of the Second Circuit in which he complained about the growing federalization of criminal laws. QUOTE OF THE WEEK - Another vote against the Federalization of Criminal …

U.S. v. Jimenez-Medina, No. 97-10055 (9th Cir.) (173 F.3d 752) (May 6, 1999) (Judge Donald W. Molloy)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Jimenez-Medina, No. 97-10055 (9th Cir.) (173 F.3d 752) (May 6, 1999) (Judge Donald W. Molloy) by Here the Court held that the border patrol lacked any reasonable suspicion to conduct an investigatory stop of the defendant's truck some 130 miles from the border in an area where there …

Yesil v. Reno, No. 97-2629 (2nd Cir.) (175 F.3d 287) (May 14, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

Yesil v. Reno, No. 97-2629 (2nd Cir.) (175 F.3d 287) (May 14, 1999) (Per Curiam) by Here the Court approved the Government's motion to withdraw the concolidated appeals filed in this case, subject to stipulated settlement agreements reached by the parties.

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes) by The defendant in this case was found guilty by a jury of bank fraud. At a hearing to resolve various sentencing issues, he requested substitute counsel, criticizing his attorney's decision not to …

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer) by In this case a criminal complaint charged that defendant Xiong and his girlfriend of seven weeks, N.L.G., engaged in sexual intercourse. N.L.G. was fifteen years old at the time. The complaint also …

Richardson v. Reno, No. 98-4230 (11th Cir.) (175 F.3d 898) (May 4, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Richardson v. Reno, No. 98-4230 (11th Cir.) (175 F.3d 898) (May 4, 1999) (Per Curiam) by Citing Reno v. American-Arab Anti-Discrimination Committee, 142 L.Ed.2d 940 (1999), the Court held that it was without authority to withdraw its previous mandate in this case and reconsider issues under 8 USC § 1252(b)(9).

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by The question presented here was whether statements by the defendant to which the prosecution has no access are discoverable under Rule 16(a)(1)(A). The Court ruled as follows: "To answer this the court …

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Detainers - Generally

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw) by Here the appellants argued that the BOP violated their statutory and constitutional rights when it denied their requests for a sentence reduction under 18 USC § 3621(e)(2)(B) on the basis of INS …

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam)

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

Filed under: Retaliation, Punch And Jurists

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam) by This is a significant prison rights case which held, inter alia, that the petitioners had pleaded with sufficient particularity to survive a motion for summary judgment in a civil rights suit for damages. This …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey) by Citing Lewis v. Casey, 518 U.S. 343 91996), the court held that inmates alleging a systemic violation of their right of access to the courts must show a "widespread actual injury".

U.S. v. Gatewood, No. 97-6023 (6th Cir.) (173 F.3d 983) (April 2, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Gatewood, No. 97-6023 (6th Cir.) (173 F.3d 983) (April 2, 1999) (Judge Ronald Lee Gilman) 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 …

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger)

Article • June 1, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger) by Here the Court expounded on its decision in North Carolina v. Pearce, 395 U.S. 711, and explained the kinds of reasons that a sentencing court may advance to justify a …

Corbitt v. New Jersey, No. 77-5903 (U.S. Supreme Court) (439 U.S. 212; 99 S.Ct. 492) (December 11, 1978) (Justice White)

Article • May 31, 1999

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Corbitt v. New Jersey, No. 77-5903 (U.S. Supreme Court) (439 U.S. 212; 99 S.Ct. 492) (December 11, 1978) (Justice White) by Here the Court affirmed the propriety of granting leniency to those who plead guilty, holding that such a practice is "unequivocally . . . constitutionally proper" and is mutually …

Printz v. U.S., No. 95-1478 (U.S. Supreme Court) (521 U.S. 898; 117 S.Ct. 2365) (June 27, 1997) (Justice Scalia)

Article • May 30, 1999

Filed under: Punch And Jurists, Brady Handgun Violence Prevention Act

Printz v. U.S., No. 95-1478 (U.S. Supreme Court) (521 U.S. 898; 117 S.Ct. 2365) (June 27, 1997) (Justice Scalia) by The Brady Gun Control Law required chief law enforcement officers "to make a reasonable effort to ascertain within 5 business days whether receipt or possession [of a firearm by a …

Rufo v. Inmates of Suffolk County Jail, No. 90-954 (U.S. Supreme Court) (502 U.S. 367; 112 S.Ct. 748) (January 1, 1992) (Justice White)

Article • May 28, 1999

Filed under: Punch And Jurists, Consent Decrees - Termination of

Rufo v. Inmates of Suffolk County Jail, No. 90-954 (U.S. Supreme Court) (502 U.S. 367; 112 S.Ct. 748) (January 1, 1992) (Justice White) by This case, decided before the adoption of the Prison Litigation Reform Act, reviewed the procedures and standards for terminating prison consent decrees - and significantly held …

U.S. v. Young, No. 83-469 (U.S. Supreme Court) (470 U.S. 1; 105 S.Ct. 1038) (February 20, 1985) (Justice Burger)

Article • May 28, 1999

Filed under: Punch And Jurists

U.S. v. Young, No. 83-469 (U.S. Supreme Court) (470 U.S. 1; 105 S.Ct. 1038) (February 20, 1985) (Justice Burger) by Over strong dissents, the Court held that erroneous and improper prosecutorial vouching for a witness's credibility was not plain error; although the decision does explain some of the evils of …