Search | Punch and Jurists

U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin) by In this case, Judge Chin patiently reviews the law developed by Terry v. Ohio, 393 U.S. 1 (1968) and its progeny. Here the Court held that the police did not have a …

U.S. v. Stevens, No. 97-2035 (6th Cir.) (177 F.3d 579) (May 27, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Stevens, No. 97-2035 (6th Cir.) (177 F.3d 579) (May 27, 1999) (Judge Karen Nelson Moore) by In 1824, the Supreme Court established the rule that when a criminal trial ends in a mistrial, reprosecution is permitted only if there was "manifest necessity" for the mistrial or if the …

Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice)

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

Filed under: Punch And Jurists, Prison Conditions

Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice) by QUOTE OF THE WEEK - Following an epic trial that lasted 159 days and included the testimony of 349 witnesses, Judge William Wayne Justice concluded in 1980 that the prisoners housed in the …

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin) by In this case the defendant had accumulated some 20 prior convictions, making him a career offender. At sentencing, Judge Wood stressed that she believed there was a chance "albeit slim" that the …

U.S. v. Wiseman, No. 97-2301 (10th Cir.) (172 F.3d 1196) (April 5, 1999) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Wiseman, No. 97-2301 (10th Cir.) (172 F.3d 1196) (April 5, 1999) (Judge William J. Jr. Holloway) by This appeal, involving a Federal prosecution under the Hobbs Act (18 U.S.C. § 1951) of the defendant for a series of bank robberies in New Mexico, raised a number of issues, …

U.S. v. Rubio-Hernandez, No. P-97-CR-211-F (W.D.Tex.) (39 F.Supp.2d 808) (March 2, 1999) (Judge W. Royal Furgeson)

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

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

U.S. v. Rubio-Hernandez, No. P-97-CR-211-F (W.D.Tex.) (39 F.Supp.2d 808) (March 2, 1999) (Judge W. Royal Furgeson) by In this case Judge Furgeson concluded that US Border agents lacked reasonable suspicion to stop Hispanic drives more then 50 miles from the mexican border; and he reviewed in detail the law dealing …

U.S. v. Dispoz-O-Plastics, Inc., No. 98-1135 (3rd Cir.) (172 F.3d 275) (April 8, 1999) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists

U.S. v. Dispoz-O-Plastics, Inc., No. 98-1135 (3rd Cir.) (172 F.3d 275) (April 8, 1999) (Judge Jane R. Roth) by Here the Court held it was reversible error, as improper vouching for a witness, for a prosecutor to comment on a purported policy of the Department of Justice, implying that the …

U.S. v. Woodard, No. 98-30045 (9th Cir.) (172 F.3d 717) (April 8, 1999) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Woodard, No. 98-30045 (9th Cir.) (172 F.3d 717) (April 8, 1999) (Judge William W. Schwarzer) by In its decision, the Court also abbrogated its earlier decision in U.S. v. Dunn, 80 F.3d 402 (9th Cir. 1996), which it said had no longer any force after the LaBonte decision. …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan) by This decision slightly amended the Court's previous ruling about the number of days of excludable time that passed - which were not to be counted against the speedy trial clock - …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson)

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

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

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson) by Reversing a panel's decision, the Court reinstated a conviction for a violation of the Hobbs Act, and held that the Government need only show "a realistic probability of an effect, or some …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan) by Although the Court found that the affidavit was deliberately misleading, it held that the district court did not err in not suppressing the wiretap evidence because of the "unlikelihood that the …

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, Mens Rea Element

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 …

Berwanger v. Cottey, No. 98-3107 (7th Cir.) (178 F.3d 834) (May 6, 1999) (Judge Frank H. Easterbrook)

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

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

Berwanger v. Cottey, No. 98-3107 (7th Cir.) (178 F.3d 834) (May 6, 1999) (Judge Frank H. Easterbrook) by Here the Court joined most of the other Circuits in holding that the "termination provisions" of the PLRA contained in 18 USC § 3626(b)(2) do not violate the Separation of Powers doctrine …

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis) by Here the Third Circuit affirmed a restitution order that required a 39-year old defendant to pay some $57,000 towards his 14-year old victim's psychiatric expenses, and held that there is nothing in …

Velasquez v. Reno, No. Civ. A. 99-806 (MTB) (D.N.J.) (37 F.Supp.2d 663) (April 5, 1999) (Judge Maryanne Trump Barry)

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

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

Velasquez v. Reno, No. Civ. A. 99-806 (MTB) (D.N.J.) (37 F.Supp.2d 663) (April 5, 1999) (Judge Maryanne Trump Barry) by Here the Court held that the mandatory detention provisions of 8 USC § 1226(c) could not be applied retroactively to an alien convicted 19 years before the statute took effect …

U.S. v. McMutuary, No. 98-1150 (7th Cir.) (176 F.3d 959) (May 5, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. McMutuary, No. 98-1150 (7th Cir.) (176 F.3d 959) (May 5, 1999) (Judge Michael S. Kanne) by Here the Seventh Circuit held that substantial differences in sentences between co-defendants can justify a downward departure, particularly if the lower sentence was unjustified, as happened in this case. One of the …

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller)

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

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

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller) by Here the Court held that carrying firearms as the loot of a robbery, where they were not brandished or used to threaten anyone or to effectuate the robbery, did not qualify as …

U.S. v. Washington, No. 96-50359 (9th Cir.) (172 F.3d 1116) (April 12, 1999) (Judge Edward Leavy)

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

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

U.S. v. Washington, No. 96-50359 (9th Cir.) (172 F.3d 1116) (April 12, 1999) (Judge Edward Leavy) by In its previous decision vacating the sentence that was imposed, the Court stated: "We therefore vacate Washington's sentence and remand for the limited purpose of recalculating his base offense level under section 2J1.2, …

U.S. v. Sacko, No. 97-2386 (1st Cir.) (170 F.3d 227) (March 15, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Sacko, No. 97-2386 (1st Cir.) (170 F.3d 227) (March 15, 1999) (Judge Juan R. Torruella) by The Court stated: "The only issue before us is the propriety of the district court's sentencing of Sacko as an armed career criminal by virtue of his previous conviction for statutory rape …

U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan) by Following reversal of a gun conviction based on Bailey, the majority held that the district court had erred in requiring the defendant to choose between the status quo of the elimination …