Search | Punch and Jurists

U.S. v. Hendrick, No. 97-1512 (6th Cir.) (177 F.3d 547) (May 21, 1999) (Judge John T. Nixon)

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

Filed under: Punch And Jurists

U.S. v. Hendrick, No. 97-1512 (6th Cir.) (177 F.3d 547) (May 21, 1999) (Judge John T. Nixon) by Here the Court held that the plain language of USSG § 2X2.1 requires a sentencing court to treat an aider and abettor as though he or she committed the underlying offense; not …

U.S. v. Bach, No. 98-3403 (7th Cir.) (172 F.3d 520) (April 16, 1999) (Judge Richard A. Posner)

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

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

U.S. v. Bach, No. 98-3403 (7th Cir.) (172 F.3d 520) (April 16, 1999) (Judge Richard A. Posner) by Here the Court held that the Mandatory Victims Restitution Act is not subject to the Ex Post facto Clause, and thus may be applied retroactively, because it is not a penal statute …

U.S. v. Cohen, No. 97-1888 (3rd Cir.) (171 F.3d 796) (February 19, 1999) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Immunity - Judicial

U.S. v. Cohen, No. 97-1888 (3rd Cir.) (171 F.3d 796) (February 19, 1999) (Judge Richard L. Nygaard) by One of the issues in this case dealt with the defendant’s claim that the district court erred by refusing to confer judicial immunity on a witness crucial to his defense. That claim, …

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Prison Mail

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder) by Here the Court struck down a Washington State prison regulation that prohibited the receipt by prisoners of gift publications, holding that the regulation had no rational relationship to penological concerns and violated …

U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse) by The defendant appeals the denial of his pretrial motion to suppress evidence as the product of an unlawful entry into his apartment. The district court ruled the entry was lawful because the …

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, Safety Valve

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam) by Here the Court held that the trial court had improperly deferred to the Government's position about the quantity of drugs that were involved, without making its own findings and permiting the defendant to present …

U.S. v. Cataldo, No. 97-5509 (11th Cir.) (171 F.3d 1316) (April 8, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Cataldo, No. 97-5509 (11th Cir.) (171 F.3d 1316) (April 8, 1999) (Judge James Larry Edmondson) by The defendant argued that the district court erred in increasing his offense level two increments for obstruction of justice. The probation officer preparing Cataldo's PSI recommended the enhancement because he believed Cataldo …

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 June, 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 …

U.S. v. Hunt, No. 98-3232 (8th Cir.) (171 F.3d 1192) (March 30, 1999) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists

U.S. v. Hunt, No. 98-3232 (8th Cir.) (171 F.3d 1192) (March 30, 1999) (Judge Roger L. Wollman) by Although the Court recognized in theory the possibility of a downward sentencing departure based on sentencing entrapment (due to increasing the quantity of drugs), the Court held that this was not a …

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, Extreme Conduct or Injury

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 …

In Re Grand Jury Empaneling of Special Grand Jury, No. 98-6415 (3rd Cir.) (171 F.3d 826) (March 19, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Religious Freedom Restoration Act, Punch And Jurists

In Re Grand Jury Empaneling of Special Grand Jury, No. 98-6415 (3rd Cir.) (171 F.3d 826) (March 19, 1999) (Judge Dolores K. Sloviter) by After the daughters were subpoened to testify against their father at a grand jury, they refused to testify on the ground that to do so would …

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan) by Here the Court vacated a sentence of five years probation with a special condition of six months imprisonment as inconsistent with the provisions of 18 USC § 3561; and that it …

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi) by Here the Court held that to establish that a defendant possessed an unregistered firearm in violation of 26 USC § 5861(d), the Government must prove that the defendant knew of the particular …

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist)

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

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

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist) by Quote from Justice Steven's dissent in which he set forth sections of a U.S. Marshal's manual on the importance of the media in accompanying law enforcement officials when they execute …

Jones v. Clinton, No. LR-C-94-290 (E.D.Ark.) (36 F.Supp.2d 1118) (April 12, 1999) (Judge Susan Webber Wright)

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

Filed under: Punch And Jurists

Jones v. Clinton, No. LR-C-94-290 (E.D.Ark.) (36 F.Supp.2d 1118) (April 12, 1999) (Judge Susan Webber Wright) by In this case Judge Wright explained, in scathing words, her reasons for holding the President of the United States in civil contempt for his willful violations of her discovery order when he gave …

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris)

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

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

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris) by In this case the Court reconciled the "arguable inconsistencies" in its prior holdings in U.S. v. Cooper, 111 F.3d 845 (11th Cir. 1997) (where the court vacated an enhancement because the Government failed …

LaGrand v. Stewart, No. 99-70180 (9th Cir.) (170 F.3d 1158) (February 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

LaGrand v. Stewart, No. 99-70180 (9th Cir.) (170 F.3d 1158) (February 24, 1999) (Per Curiam) by Case held that petitioner was not required to obtain leave to file a successive petition as to a claim that was not ripe at the time of his first petition.

Pelissero v. Thompson, No. 97-6156 (4th Cir.) (170 F.3d 442) (March 12, 1999) (Judge Paul V. Niemeyer)

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

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

Pelissero v. Thompson, No. 97-6156 (4th Cir.) (170 F.3d 442) (March 12, 1999) (Judge Paul V. Niemeyer) by After the Court issued its original decision in this case, reported at 155 F.3d 470, a motion for rehearing was filed and the Court withdrew that decision. On the rehearing, the Court …

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

Matteo v. Superintendent, SCI Albion, No. 96-2115 (3rd Cir.) (171 F.3d 877) (March 24, 1999) (Judge Anthony J. Scirica) by Here the en banc Court described in detail the Circuit split on the meaning of 28 U.S.C. § 2254(d)(1), which limited the scope of Federal habeas review of state court …

Florida v. White, No. 98-223 (U.S. Supreme Court) (526 U.S. 559; 119 S.Ct. 1555) (May 17, 1999) (Justice Thomas)

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

Filed under: Punch And Jurists, Searches - Automobile

Florida v. White, No. 98-223 (U.S. Supreme Court) (526 U.S. 559; 119 S.Ct. 1555) (May 17, 1999) (Justice Thomas) by In this case the Supreme Court held that "When federal officers have probable cause to believe that an automobile contains contraband, the Fourth Amendment does not require them to obtain …