Search | Punch and Jurists

U.S. v. Clayton, No. 97-60712 (5th Cir.) (172 F.3d 347) (April 12, 1999) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Clayton, No. 97-60712 (5th Cir.) (172 F.3d 347) (April 12, 1999) (Judge E. Grady Jolly) by The Court held that any obstructive conduct must occur after an investigation has begun and cited the Sentencing Commission's statements that its amendments to § 3C1.1 were meant to clarify "the temporal …

Hermanowski v. Farquharson, No. 97-2201 (D.R.I.) (39 F.Supp.2d 148) (March 1, 1999) (Judge Ronald R. Lagueux)

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

Filed under: Punch And Jurists, Detention - Generally

Hermanowski v. Farquharson, No. 97-2201 (D.R.I.) (39 F.Supp.2d 148) (March 1, 1999) (Judge Ronald R. Lagueux) by In this case the defendant was taken into custody by the INS immediately upon completion of a state sentence, and he was hel in detention for a period of more than 28 months …

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

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson) by The Court also expressly overruled its decision in U.S. v. De Parias, 805 F.3d 1447 (11th Cir. 1986), to the extent that it implied that the Government must prove some "adverse" effect …

U.S. v. Condon, No. 97-3378 (7th Cir.) (170 F.3d 687) (March 9, 1999) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Condon, No. 97-3378 (7th Cir.) (170 F.3d 687) (March 9, 1999) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit joins all the other Circuits to have ruled on the issue and held that the Federal Anti-Gratuity Statute does not require exclusion of evidence obtained through …

U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse) by The defendant appealed the district court's denial of his suppression motion arguing that the guns found in his apartment were not in plain view. The Second Circuit agreed. Of interest is that …

Parra v. Perryman, No. 99-1287 (7th Cir.) (172 F.3d 954) (March 24, 1999) (Judge Frank H. Easterbrook)

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

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

Parra v. Perryman, No. 99-1287 (7th Cir.) (172 F.3d 954) (March 24, 1999) (Judge Frank H. Easterbrook) by Here the Court held that district courts do have habeas jurisdiction to consider constitutional challenges to mandatory detention orders under the IIRIRA, although the court never addressed the provisions of 8 USC …

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam) by The government appealed the district court's dismissal with a three-count indictment charging the defendant with various weapons violations based upon the district court's finding of vindictive prosecution. The district court relied upon a sequence …

U.S. v. Chaparro-Alcantara, No. 98-30070 (C.D.Ill.) (37 F.Supp.2d 1122) (March 5, 1999) (Judge Jeanne E. Scott)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Chaparro-Alcantara, No. 98-30070 (C.D.Ill.) (37 F.Supp.2d 1122) (March 5, 1999) (Judge Jeanne E. Scott) by In this case the Court did agree that the Vienna Convention does give the defendants a private right to enforce its provisions and thus standing to redress any grievances, but the court held …

Wallace v. Reno, No. 98-11181-NG (D.Mass.) (39 F.Supp.2d 101) (March 19, 1999) (Judge Nancy Gertner)

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

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

Wallace v. Reno, No. 98-11181-NG (D.Mass.) (39 F.Supp.2d 101) (March 19, 1999) (Judge Nancy Gertner) by Here the Court held that construing the Immigration and Naturalization Act to bar discretionary relief to aliens in deportation hearings, but not those in exclusion proceedings, violated the Equal Protection Clause of the Fifth …

U.S. v. Villegas-Rodriguez, No. 97-40197 (5th Cir.) (171 F.3d 224) (March 24, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Villegas-Rodriguez, No. 97-40197 (5th Cir.) (171 F.3d 224) (March 24, 1999) (Judge Henry A. Politz) by In this case the Fifth Circuit affirmed its decision in U.S. v. Haese, 162 F.3d 359, and again held that a plea agreement promising leniency in exchange for testimony does not violate …

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl) by In this case the First Circuit reversed an enhanced sentence for trafficking in "sexually explicit" materials by concluding that the nude photograph of a young female did not meet the statutory definition …

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam) by In this case, Federal law enforcement agents executed a search warrant accompanied by photographers and reporters from Cable News Network, who recorded the agents in executing the warrant. Subsequently, the …

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, Special Conditions

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis) by This case addressed two issues arising out of America's growing abhorrence with child sexual molestation. First, the Court addressed the issue of whether a 39-year old defendant could be ordered to pay, …

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg) by Here the Court held that in a prosecution for extortion under "color of official right" in a non-campaign case, the Government does not have to show any express agreement to perform a …

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin)

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

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

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin) by Here the Court affirmed that district courts have the discretion to depart downward because deportable aliens may be unable to take advantage of up to six months of home confinement authorized by …

U.S. v. Napoli, No. 98-1124 (2nd Cir.) (179 F.3d 1) (April 28, 1999) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Napoli, No. 98-1124 (2nd Cir.) (179 F.3d 1) (April 28, 1999) (Judge Sonia Sotomayor) by Here the Court held that fraud and money laundering counts should not be grouped under USSG § 3D1.2 particularly § 3D1.2(d) because they measure monetary harm differently - a decision that reflects deep …

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval) by The Court held that a probationer's failure to object to or earlier appeal from the imposition of a special condition of probation requiring his to attend AAA meetings …

Paul P. v. Verniero, No. 97-5791 (3rd Cir.) (170 F.3d 396) (March 16, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Megan's Laws

Paul P. v. Verniero, No. 97-5791 (3rd Cir.) (170 F.3d 396) (March 16, 1999) (Judge Dolores K. Sloviter) by Here the Third Circuit held that the registration and notification provisions of New Jersey's "Megan's Law" did not violate the sex offenders constitutionally protected privacy interests, stressing the public's interest in …

Pryor v. Reno, No. 98-6261 (11th Cir.) (171 F.3d 1281) (April 6, 1999) (Judge James C. Hill)

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

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

Pryor v. Reno, No. 98-6261 (11th Cir.) (171 F.3d 1281) (April 6, 1999) (Judge James C. Hill) by Here the Court held that the Driver's Privacy Protection Act violated the Tenth Amendment in directing state officials to admininister a federal program regulating use of personal information contained in the State's …

Ward v. Booker, No. 98-3274-RDR (D.Kan.) (38 F.Supp.2d 1258) (February 12, 1999) (Judge Richard Dean Rogers)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Ward v. Booker, No. 98-3274-RDR (D.Kan.) (38 F.Supp.2d 1258) (February 12, 1999) (Judge Richard Dean Rogers) by In one of the better and most detailed reviews of the applicable case law, Judge Rogers held in this case that the BOP had improperly denied the petitioner eligibility for early release based …