Search | Punch and Jurists

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman) by This telemarketing fraud case is noted for several sentencing issues. Six defendants were charged with multiple counts of telemarketing fraud. Four of them pled guilty and were sentenced in accordance with the …

U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood) by Case held that police officers lacked a reasonable suspicion to stop defendant and detain him as he emerged from an apartment on New Year's Eve where officers were prepared to knock pursuant …

U.S. v. Cooper, No. 98-1262 (8th Cir.) (171 F.3d 582) (May 15, 1999) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Cooper, No. 98-1262 (8th Cir.) (171 F.3d 582) (May 15, 1999) (Judge James B. Loken) by Here the Court reversed a special condition of probation that prohibited a felon from accepting a job if it involved his absence from his district for more than 24 hours, emphasizing that …

In Re Subpoenaed Grand Jury Witness, No. 98-3545 (7th Cir.) (171 F.3d 511) (March 23, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Attorney/Client

In Re Subpoenaed Grand Jury Witness, No. 98-3545 (7th Cir.) (171 F.3d 511) (March 23, 1999) (Judge Terrence T. Evans) by This decision addresses an important issue: Can an attorney lawfully decline to disclose who paid his fees? As will be seen the answer to that question is both unclear …

Jenkins v. Haubert, No. 98-2408 (2nd Cir.) (179 F.3d 19) (May 26, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Civil Rights Violations

Jenkins v. Haubert, No. 98-2408 (2nd Cir.) (179 F.3d 19) (May 26, 1999) (Judge John M. Jr. Walker) by Here the Court ruled that prisoners can bring civil rights suits alleging constitutional violations arising from intra-prison disciplinary sanctions, since such claims relate to conditions of confiement and not the length …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by This is an interesting case which addresses a fairly common issue: Can a defendant in a drug case assert that he has a due process right to be sentenced on the basis …

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1996

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam) by Back in 1993, Judge Orrick wrote an earlier decision in this case in which he concluded that "[t]he facts [in this case] show such clear, flagrant, and shameful violations of Wang's rights under the …

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer) by Here the Court held that the defendant's wife's purported relevation of past infidelities did not warrant application of a downward departure under USSG § 5K2.10 as the type of victim's conduct which …

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam) by The defendant in this case was convicted of various drug crimes, and at sentencing he sought a two level reduction in his base offense level under U.S.S.G. § 2D1.1(b)(6) - a provision that permits …

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young)

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

Filed under: Punch And Jurists, Wiretap Applications

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young) by Here the Court granted a broad, in camera application of the Government to compel a cable company to release information about its subscribers, which the Court said raised "ephermal puzzles" that it …

Kuromiya v. U.S., No. Civ. A. 98-3439 (E.D.Pa.) (37 F.Supp.2d 717) (March 10, 1999) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

Kuromiya v. U.S., No. Civ. A. 98-3439 (E.D.Pa.) (37 F.Supp.2d 717) (March 10, 1999) (Judge Marvin Katz) by In this suit brought by individuals who sought to use marijuana for medicinal purposes, the Court rejected a broad series of constitutional challenges to the validity of the Controlled Substance Act. The …

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein) by This decision by Judge Weinstein is a good example of the extremes to which the courts must go if they wish to escape the rigidity of the "sentence-by-the-numbers" Guidelines and …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall) by On remand from the Supreme Court, the Ninth Circuit affirmed the defendant's conviction in light of Caron v. U.S., 524 U.S. 308 (1998), and held that retroactive application of the Supreme Court's …

Matteo v. Superintendent, SCI Albion, No. 96-2115 (3rd Cir.) (171 F.3d 877) (March 24, 1999) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Massiah Rule

Matteo v. Superintendent, SCI Albion, No. 96-2115 (3rd Cir.) (171 F.3d 877) (March 24, 1999) (Judge Anthony J. Scirica) by Here the Court rejected a claim that the Government had deliberately elicited incriminating statements from the defendant, and in the process reviewed in detail the Supreme Court cases dealing with …

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Treaty Rights

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson) by This is a significant decision in which the Ninth Circuit unanimously held that statements to the authorities may be suppressed, and criminal convictions overturned, if foreigners arrested in the United States are not …

French v. Duckworth, No. 97-3075 (7th Cir.) (178 F.3d 437) (May 6, 1999) (Judge Diane P. Wood)

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

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

French v. Duckworth, No. 97-3075 (7th Cir.) (178 F.3d 437) (May 6, 1999) (Judge Diane P. Wood) by This case involved a motion by Indiana officials to terminate a federal injunction regarding overpopulation at the Pendleton Correctional Facility. The prisoners argued that subsection (e)(2) requires an automatic stay as a …

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein) by This decision by Judge Weinstein is a good example of the extremes to which the courts must go if they wish to escape the rigidity of the "sentence-by-the-numbers" Guidelines and …

Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox) by This case marks formal judicial approval of The Return of the Leper Colonies to America. In Alabama, any inmate who tests positive for HIV is automatically placed in segregation, where they are …

U.S. v. Mancillas, No. 98-40700 (5th Cir.) (172 F.3d 341) (April 9, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Mancillas, No. 98-40700 (5th Cir.) (172 F.3d 341) (April 9, 1999) (Per Curiam) by Here the Court reviewed the phrase "directly and proximately harmed" as used in the amended resttitution statutes and, while conceding it applied to conspiracy cases, it held it was still limited to conduct underlying …

U.S. v. Bensimon, No. 98-50080 (9th Cir.) (172 F.3d 1121) (April 13, 1999) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Bensimon, No. 98-50080 (9th Cir.) (172 F.3d 1121) (April 13, 1999) (Judge Robert Boochever) by Here the Court held that the admission of a 17-year old mail fraud conviction was improper under Rule 609(b) because it improperly balanced the probative value of that evidence and its prejudicial effect. …