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Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark)
Article • April 4, 1999
Filed under: Punch And Jurists, Anders Brief
Anders v. California, No. 98 (U.S. Supreme Court) (386 U.S. 738; 87 S.Ct. 1396) (May 8, 2067) (Justice Clark) by Here the Court outlined the procedures that defense counsel must follow if he determines that an appeal would be frivolous, and held that a "no merit" brief did not comply …
U.S. v. Nichols, No. 98-1231 (10th Cir.) (169 F.3d 1255) (February 26, 1999) (Judge John C. Porfilio)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Choice of Guidelines Issues
U.S. v. Nichols, No. 98-1231 (10th Cir.) (169 F.3d 1255) (February 26, 1999) (Judge John C. Porfilio) by Here the defendant contended that the district court erred when it sentenced him based on 1994 U.S.S.G. § 2A1.1, the guideline for first-degree murder, instead of 1994 U.S.S.G. § 2K1.4, the guideline …
U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl) by The Court held: "In "rare situations", a defendant may elect to exercise his right to trial and still be eligible for a reduction under U.S.S.G. § 3E1.1. See Application Note 2. These …
Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Exemptions
Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina) by Here the Court rejected the Government's claim of privilege under 5 USC § 552(b)(7)(A) in a Freedom of Information Act request, after concluding that the Government had already shown …
Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)
Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina) by QUOTE OF THE WEEK - The perpetual enigma of the Office of Professional Responsibility. In 1996, investigative writer David Burnham wrote a book entitled "Above the Law: Secret Deals, …
Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Credits
Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell) by In this case, Judge Caldwell reaffirmed his original decision (on different grounds) and ordered the BOP to grant the petitioner credit against his Federal sentence for 22 months spent in Federal custody …
U.S. v. Andrades, No. 98-1112 (2nd Cir.) (169 F.3d 131) (February 26, 1999) (Judge Rosemary S. Pooler)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
U.S. v. Andrades, No. 98-1112 (2nd Cir.) (169 F.3d 131) (February 26, 1999) (Judge Rosemary S. Pooler) by The Second Circuit held that the district court's error in failing to advise the defendant of the effect of supervised release at his plea was harmless error. However the district court vacated …
U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan) by In theory, this case is about the recently enacted Hyde Amendment, a statute that allows criminal defendants to recover attorneys' fees in cases where the court finds that the prosecutor acted vexatiously, …
U.S. v. Winters, No. 98-60181 (5th Cir.) (174 F.3d 478) (April 23, 1999) (Judge Carl E. Stewart)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists
U.S. v. Winters, No. 98-60181 (5th Cir.) (174 F.3d 478) (April 23, 1999) (Judge Carl E. Stewart) by In this case a divided panel from the Fifth Circuit held that only rarely will a Federal District Court be justified in granting a convicted law enforcement officer a downward departure on …
U.S. v. Adelman, No. 98-1228 (2nd Cir.) (168 F.3d 84) (February 19, 1999) (Judge J. Garvin Murtha)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Victims - Official
U.S. v. Adelman, No. 98-1228 (2nd Cir.) (168 F.3d 84) (February 19, 1999) (Judge J. Garvin Murtha) by Here the Court affirmed a three-level official victim enhancement under § 3A1.2, finding the threats were motivated by the intended victim's position. The defendant appealed his sentenced following his plea of guilty …
McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Declarant Unavailable Exception
McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton) by Citing Pennsylvania's "casual" and "half-hearted" efforts to locate a critical witness in this case, the Third Circuit held that the state court had violated the petitioner's Sixth Amendment Confrontation Clause rights by …
U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Money Laundering/Structuring
U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss) by Here the Fifth Circuit affirmed a downward sentencing departure from the money laundering Guidelines on the grounds that the money laundering charge was only incidental to the underlying charge of illegal …
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (173 F.3d 741) (April 6, 1999) (Judge Harry Pregerson)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (173 F.3d 741) (April 6, 1999) (Judge Harry Pregerson) by This is a significant decision which addresses a growing problem, but one which is rarely addressed - namely, the differences in the plea bargaining policies of prosecutors’ offices all across the country. In …
U.S. v. Truscello, No. 97-1404 (2nd Cir.) (168 F.3d 61) (January 22, 1999) (Judge Richard Conway Casey)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists
U.S. v. Truscello, No. 97-1404 (2nd Cir.) (168 F.3d 61) (January 22, 1999) (Judge Richard Conway Casey) by When the defendant in this case was sentenced, the sentencing judge did not orally articulate the standard conditions of supervised release, but the written Judgement and Commitment Order included fourteen requirements listed …
U.S. v. Solis, No. 97-20273 (5th Cir.) (169 F.3d 224) (March 8, 1999) (Judge John M. Jr. Duhé)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists
U.S. v. Solis, No. 97-20273 (5th Cir.) (169 F.3d 224) (March 8, 1999) (Judge John M. Jr. Duhé) by This is an interesting case in which three judges, Judges Duhé, Smith and Wiener, executed a near-perfect flip-flop. In their earlier decision (reported at 161 F.3d 281 (Solis I), (see P&J, …
U.S. v. Sims, No. 98-2287 (8th Cir.) (174 F.3d 911) (April 9, 1999) (Judge Morris Sheppard Arnold)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Sims, No. 98-2287 (8th Cir.) (174 F.3d 911) (April 9, 1999) (Judge Morris Sheppard Arnold) by Departing from the position taken by several other Circuits, the Eighth Circuit held that post-sentencing efforts at rehabilitation should never constitute a grounds for departure under the Guidelines since it would create …
U.S. v. Velastegui, No. 98 CR 965 (SAS) (S.D.N.Y.) (56 F.Supp.2d 313) (April 30, 1999) (Judge Shira A. Scheindlin)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Vagueness/Overbreadth
U.S. v. Velastegui, No. 98 CR 965 (SAS) (S.D.N.Y.) (56 F.Supp.2d 313) (April 30, 1999) (Judge Shira A. Scheindlin) by Here the Court dismissed two money transmitting counts under 18 USC § 1960 on the grounds that the underlying State statute was unclear and therefore both the rule of lenity …
Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Expert Witnesses/Testimony
Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones) by Here the Court reversed a mail fraud conviction because the prosecution misled both the defense and the court by presenting its chief witness as a neutral and disinterested party when he had …
U.S. v. Anglin, No. 98-1340 (2nd Cir.) (169 F.3d 154) (March 2, 1999) (Judge Charles S. Jr. Haight)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Physical Injury/Restraint
U.S. v. Anglin, No. 98-1340 (2nd Cir.) (169 F.3d 154) (March 2, 1999) (Judge Charles S. Jr. Haight) by The defendant argued on appeal, inter alia, that the district court erred in subjecting him to a two-level offense enhancement under U.S.S.G. § 2B3.1(b)(4)(B) on the ground that the teller-victims were …
Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (168 F.3d 1360) (March 22, 1999) (Per Curiam)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Prison Conditions
Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (168 F.3d 1360) (March 22, 1999) (Per Curiam) by Here the D.C. Circuit declined en banc review of its earlier decision vacating broad remedial measures imposed by the district court despite the assertions of two judges that the decision ignored most …
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