Search | Punch and Jurists

U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore) by Court affirmed that whether a defendant possessed the threshhold number of marijuana plants that would trigger the statutory mandatory minimum sentence had to be based only on the plants directly associated with …

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt) by The Supreme Court has often noted that the "touchstone of due process is protection of the individual against arbitrary action of government." Wolff v. McDonnell, 418 U.S. 539, 558 (1974). This …

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti) by Here the Ninth Circuit joined with the First, Fourth, Fifth and Tenth Circuits in holding that a defendant who successfully attacks a state conviction may seek Federal habeas relief of a Federal sentence …

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers) by Here the Court reversed a conviction for possession of a firearm by a convicted felon because the Government failed to put into evidence a copy of the defendant's felony coၮviction which it …

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (165 F.3d 667) (January 12, 1999) (Judge John S. Sr. Rhoades)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (165 F.3d 667) (January 12, 1999) (Judge John S. Sr. Rhoades) by While most of the decision in this case deals with the jurisdictional requirements, under Rule 23 of the Fed.R.Civ.P., for bringing a class action lawsuit, it is noted here …

U.S. v. Murgas, No. 95-CR-384 (N.D.N.Y.) (31 F.Supp.2d 245) (December 15, 1998) (Judge Howard G. Munson)

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

Filed under: Punch And Jurists, Preponderance of Evidence Standard

U.S. v. Murgas, No. 95-CR-384 (N.D.N.Y.) (31 F.Supp.2d 245) (December 15, 1998) (Judge Howard G. Munson) by The defendants in this case were convicted of various drug trafficking crimes; and their suggested sentences under the Guidelines were already severe. The Government, however, wanted more; and so it asked the Court …

U.S. v. Jacobs, No. 97-5786 (3rd Cir.) (167 F.3d 792) (February 8, 1999) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Jacobs, No. 97-5786 (3rd Cir.) (167 F.3d 792) (February 8, 1999) (Judge William M. Hoeveler) by In this case the Third Circuit vacated a five level enhancement under USSG § 5K2.3 for inflicting extreme psychological injury on the grounds that the district court did not determine that the …

U.S. v. Kimler, No. 97-20320 (5th Cir.) (167 F.3d 889) (February 11, 1999) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists

U.S. v. Kimler, No. 97-20320 (5th Cir.) (167 F.3d 889) (February 11, 1999) (Judge Carolyn Dineen King) by In 1993, the Sentencing Commission codified the "one book rule" by adopting, as a policy statement, U.S.S.G. § 1B1.11(b)(3), which provides that when a defendant is convicted of multiple offenses, some occurring …

U.S. v. Cantu, No. 97-40930 (5th Cir.) (167 F.3d 198) (February 3, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Cantu, No. 97-40930 (5th Cir.) (167 F.3d 198) (February 3, 1999) (Judge Jacques L. Jr. Wiener) by Here the Court rejected a claim that the defendant was denied a fair trail because of the judge's alleged pervasive, often leading questions that were designed to rehabilitate the Government's witnesses …

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin) by For a long time now, the Circuits have debated whether a sentencing judge, when faced with a general verdict of guilty on a count charging a conspiracy with multiple objects, can select …

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin) by Based on recent Supreme Court decisions, the Court rejected the defense claims that USSG § 1B1.2(d) violates the 5th and 6th Amendment because it permits the sentencing judge to determine the object …

Norwood v. Bain, No. 96-2164 (4th Cir.) (166 F.3d 243) (January 8, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Norwood v. Bain, No. 96-2164 (4th Cir.) (166 F.3d 243) (January 8, 1999) (Per Curiam) by Here the en banc Court affirmed an earlier decision reported at 143 F.3d 843, finding police liability under 42 U.S.C. §1983 for unwarranted, unreasonable weapons searches of participants in a motorcycle rally. The Fourth …

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat) by In this case, the district judge told the defendant, who had executed a plea agreement containing a waiver of appeal provision, that it "invite[d] and welcome[d] an appeal." (Id., at 1168). In …

U.S. v. Thomas, No. 97-1401 (6th Cir.) (167 F.3d 299) (February 5, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists

U.S. v. Thomas, No. 97-1401 (6th Cir.) (167 F.3d 299) (February 5, 1999) (Judge Nathaniel R. Jones) by Here the defendant claimed that the delay in resentencing him was prejudicial because he spent most of that time in a local jail rather than a Federal penitentiary, thus depriving him of …

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay) by This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous …

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin) by This is an extremely rare case in which the Court vacated a conviction and granted a new trial because of the cumulative effect of a series of improper comments and arguments …

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black) by The defendant in this case was convicted of a conspiracy to make false statements to a federally licensed firearms dealer, in violation of the old reliable 18 U.S.C. § 371. Two years …

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (166 F.3d 267) (January 20, 1999) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Liberty Interests, Punch And Jurists

Hawkins v. Freeman, No. 96-7539 (4th Cir.) (166 F.3d 267) (January 20, 1999) (Judge Francis D. Jr. Murnaghan) by Here the Court held that a parolee's interest in his continued liberty "crystalized" during his two years of successful parole, thus requiring strict scrutiny of the state's actions and defeating the …

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock)

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

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

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock) by This case involves an appeal by the Government from the sentences imposed on ten Mexican defendants after they were convicted of carrying backpacks of marijuana into the United States. The district court …

Spurlock v. Satterfield, No. 97-6076 (6th Cir.) (167 F.3d 995) (February 11, 1999) (Judge Nathaniel R. Jones)

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

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

Spurlock v. Satterfield, No. 97-6076 (6th Cir.) (167 F.3d 995) (February 11, 1999) (Judge Nathaniel R. Jones) by In this case, one of the defendants from the judgment of the District Court, denying his motion to dismiss this civil rights suit for damages based on absolute or qualified immunity. Plaintiffs …