Search | Punch and Jurists

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman) by The Court held: "We find that Sanders [U.S. v. Sanders, 162 F.3d 396] is controlling in the present case. Like Sanders, McDonald entered a pawn shop unarmed, stole firearms along with other …

U.S. v. Foster, No. 89-10405 (9th Cir.) (165 F.3d 689) (January 13, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists

U.S. v. Foster, No. 89-10405 (9th Cir.) (165 F.3d 689) (January 13, 1999) (Judge Stephen S. Trott) by Relying principally on Muscarello v. U.S., the Court held that evidence which established that the defendant carried a firearm in the bed of his truck was more than sufficient to sustain a …

U.S. v. Ramsey, No. 97-3100 (D.C. Cir.) (165 F.3d 980) (February 8, 1999) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists

U.S. v. Ramsey, No. 97-3100 (D.C. Cir.) (165 F.3d 980) (February 8, 1999) (Judge Karen LeCraft Henderson) by In this case, the D.C. Circuit joined a number of other Circuits in rejecting the rationale of a panel's decision in U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998) (see the …

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (35 F.Supp.2d 1010) (February 19, 1999) (Judge John Feikens)

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

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

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (35 F.Supp.2d 1010) (February 19, 1999) (Judge John Feikens) by After some 20 years of litigation, the district court finally concluded that the female inmates in Michigan prisons are treated on a par with male prisoners for purposes of their access to educational, vocational …

Rodriguez v. Cook, No. 97-35095 (9th Cir.) (169 F.3d 1176) (February 25, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Rodriguez v. Cook, No. 97-35095 (9th Cir.) (169 F.3d 1176) (February 25, 1999) (Judge Stephen S. Trott) by The Court reasoned that since the restriction neither involves a "suspect class" nor infringes upon a fundamental interest, it is subject to the "rational basis" test. The Court also concluded that IFP …

U.S. v. One Lot of U.S. Currency Totalling $14,665, No. Civ.A. 97-12626-NG (D.Mass.) (33 F.Supp.2d 47) (February 7, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One Lot of U.S. Currency Totalling $14,665, No. Civ.A. 97-12626-NG (D.Mass.) (33 F.Supp.2d 47) (February 7, 1998) (Judge Nancy Gertner) by In this case Judge Gertner described a forfeiture that came before her with these words: "Even in the byzantine world of forfeiture law, this case is an …

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett) by Here the Court concluded that the mere fact that the doctor/defendant wrote at least 129 medically unwarranted prescrptions in exchange for sexual favors was insufficient to support conviction for conspiracy to sell drugs. …

New York Crim. Bar Ass'n v. Newton, No. 98 Civ. 4128(SHS) (S.D.N.Y.) (33 F.Supp.2d 289) (January 13, 1999) (Judge Sidney H. Stein)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

New York Crim. Bar Ass'n v. Newton, No. 98 Civ. 4128(SHS) (S.D.N.Y.) (33 F.Supp.2d 289) (January 13, 1999) (Judge Sidney H. Stein) by Justice - KGB style? One of the most disturbing features of the criminal justice system is that, far too often, to defeat a criminal charge, a defendant …

U.S. v. Harris, No. 97-6283 (6th Cir.) (165 F.3d 1062) (January 26, 1999) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Harris, No. 97-6283 (6th Cir.) (165 F.3d 1062) (January 26, 1999) (Judge David A. Nelson) by In this case, two defendants were convicted of robbing a bank. At sentencing the district court enhanced their sentences by two levels under U.S.S.G. § 3B1.4 for using a minor to assist …

U.S. v. Quintero, No. 97-5487 (11th Cir.) (165 F.3d 831) (January 22, 1999) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Quintero, No. 97-5487 (11th Cir.) (165 F.3d 831) (January 22, 1999) (Judge Joel F. Dubina) by Case held that judgment of acquittal on drug conspiracy charge did not preclude, on collateral estoppel grounds, retrial on charges of money laundering on which jury did not reach any verdict.

U.S. v. Pena-Corea, No. 98-2486 (11th Cir.) (165 F.3d 819) (January 20, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Pena-Corea, No. 98-2486 (11th Cir.) (165 F.3d 819) (January 20, 1999) (Per Curiam) by Here the Court held: "The question here is whether the Government should be held responsible for the state custodian's failure to serve Pena with the federal detainer and to advise him of his right …

U.S. v. Richardson, No. 97-6418 (11th Cir.) (166 F.3d 1360) (February 11, 1999) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Richardson, No. 97-6418 (11th Cir.) (166 F.3d 1360) (February 11, 1999) (Judge Joel F. Dubina) by Here the Court vacated an armed career criminal enhancement based on the fact that one of the "qualifying" convictions had occurred after the instant felon-in-possession charge and thus was not a "previous" …

U.S. v. Vig, No. 98-1982 (8th Cir.) (167 F.3d 443) (February 2, 1999) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists

U.S. v. Vig, No. 98-1982 (8th Cir.) (167 F.3d 443) (February 2, 1999) (Judge C. Arlen Beam) by "In order to be found guilty of violating 18 U.S.C. § 2252(a)(4)(B), an individual must knowingly possess "3 or more books, magazines, periodicals, films, video tapes, or other matter" containing a visual …

U.S. v. Gangi, No. 97 CR 1215(DC) (S.D.N.Y.) (33 F.Supp.2d 303) (January 14, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

U.S. v. Gangi, No. 97 CR 1215(DC) (S.D.N.Y.) (33 F.Supp.2d 303) (January 14, 1999) (Judge Denny Chin) by Among other things, the Court suppressed the wiretap evidence obtained on the 31st day, holding that "thirty days" means thirty calendar days, not thirty 24-hour periods that may span over thirty-one calendar …

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green) by Apparently not satisfied with its already virtually unbounded control over the lives of probationers, the Probation Office in this case made the novel request to extend the defendant's period of …

Ashmus v. Calderon, No. C 93-0594 (TEH) (N.D.Cal.) (31 F.Supp.2d 1175) (December 24, 1998) (Judge Thelton E. Henderson)

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

Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review

Ashmus v. Calderon, No. C 93-0594 (TEH) (N.D.Cal.) (31 F.Supp.2d 1175) (December 24, 1998) (Judge Thelton E. Henderson) by In this case Judge Henderson held that California did not qualify for the "opt-in" requirements of Chapter 154 of the AEDPA permitting it to engage in expedited review of capital cases.

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman) by Quote from an article in The New York Times which described some of the effects of the increasing case-load that courts face and showed how that process is leading to greater numbers …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by Case held that even if he did not know he was trafficking marijuana, he was deliberately indifferent to his active paticipation in criminal wrongdoing, and thus the conscious avoidance or ostrich instruction …

U.S. v. Hayes, No. 96-80765 (6th Cir.) (171 F.3d 389) (March 23, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Hayes, No. 96-80765 (6th Cir.) (171 F.3d 389) (March 23, 1999) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that a sentencing judge's ex parte consideration of victims' impact letters violated Fed.R.Crim.P. 32, constituted plain error, and required vacation of the sentence. In this case the …

U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo) by In this case Judge Bucklo refused to apply a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 even though the defendant lied both to the Court and to the …