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Article • February 1, 1999 • from P&J November, 1999
Filed under: Punch And Jurists, Miranda
U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Excerpts from P&J, 10/18/99, discussing the Gobernment's brief filed with the Supreme Court in the Dickerson case, in which it urged the Court not to overrule the Miranda decision. [From Vol. 6, …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Miranda
U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Quote of the Week from the 9/13/99 issue of P&J commenting on an article entitled "Miranda on the Hot Seat" which appeared in the New York Times Magazine on Sept. 26, 1999 …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Jones, No. 3:98cr221 (E.D.Va.) (36 F.Supp.2d 304) (January 26, 1999) (Judge Richard L. Williams) by Here the Court rejected a claim of racial discrimination that arose from the state prosecutor's practice of referring all criminal cases involving guns to federal authorities, where the jury-pool make-up contained significantly less …
Article • February 1, 1999 • from P&J February, 1999
Filed under: AEDPA, Punch And Jurists
Williams v. Taylor, No. 98-14 (4th Cir.) (163 F.3d 860) (December 18, 1998) (Judge Karen J. Williams) by in this case the Court addressed the language of 28 U.S.C. § 2254(d)(1) which limited the scope of Federal habeas review to those cases in which the state court's decision was "contrary …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by "Although this court has not previously ruled on the delegation issue, we agree with Merric that the district judge could not empower the probation officer to make a final decision as to the …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Universal Rehabilitation Services, No. 97-1412 (3rd Cir.) (167 F.3d 171) (February 11, 1999) (Judge Jane R. Roth) by This complex Medicare fraud case is noted for its reversal of two convictions based on the fact that the district court (Judge Kelly) had improperly denied a defense motion to …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Cambrelen, No. CR 96-1044 (E.D.N.Y.) (29 F.Supp.2d 120) (December 1, 1998) (Judge Eugene H. Nickerson) by Equating the Government's activites in this case to a reverse sting operation, the Court rejected the Government's argument that the defendant should be held accountable for the full quantity of drugs in …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Credits
U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by Here the Court strongly rejected the BOP's contention that USSG § 5G1.3(b) conflicted with the BOP's power to award sentencing credits under 18 USC § 3585(b), as required by the Supreme Court's …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by "QUOTE OF THE WEEK - The hodgepodge of conflicting, contradictory and imprecise Federal criminal statutes. "Criminal statutes are enacted at different times, in different moral and penological climates, and in response to …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists
Clymore v. U.S., No. 97-2319 (10th Cir.) (164 F.3d 569) (January 6, 1999) (Judge David M. Ebel) by Here the Court disagreed with the holding in Boero v. DEA, 111 F.3d 301 (2nd Cir. 1997) that when the claimant clearly did not receive proper notice of the forfeiture, a hearing …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Credits
Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Here the Court held that the Government should be "estopped" from refusing to credit the defendant with time spent cooperating with the Government and said that such double credits are sometimes required to …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman) by Here Judge Adelman rejected the automatic increase of sentences by blindly using the principles of relevant conduct, stating that sentencing determinations must be based on evidence and reasoned analysis, not mere arbitrary pronouncements. …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Bryson, No. 98-1195 (2nd Cir.) (163 F.3d 742) (December 31, 1998) (Judge Nicholas Tsoucalas) by In theory, this case deals with the circumstances under which a district court may grant a downward departure under the Guidelines based on a defendant's "extraordinary rehabilitation." In practice, though, the decision seems …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Kole, No. 96-5457 (3rd Cir.) (164 F.3d 164) (December 29, 1998) (Judge Theodore A. McKee) by Here the Court affirmed the use of a foreign conviction to enhance the defendant's sentence under 21 USC § 851(a), rejecting the defendant's claims that the foreign conviction did not comport to …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists
U.S. v. Gonzalez, No. 96-41246 (5th Cir.) (163 F.3d 255) (December 16, 1998) (Judge Robert M. Parker) by Case held that for purposes of appealing sentences within the 7-day period specified in Rule 35(c), a sentence is "imposed" when it is orally pronounced - not when the written judgment is …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Ellzey, No. 97-CR-20034 (C.D.Ill.) (29 F.Supp.2d 505) (December 14, 1998) (Judge Michael Patrick McCuskey) by This is a case that should be of interest to the growing numbers of CJA attorneys. As we all know, under the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A, there …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists
Malone v. Calderon, No. 98-99035 (9th Cir.) (164 F.3d 1210) (January 8, 1999) (Per Curiam) by Quote from an article in the New York York Times which explores the growth in incarcerations despite less crimes and reveals that one in four Black Americans can expect to spend some time in …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Vaziri, No. 97-8117 (10th Cir.) (164 F.3d 556) (January 6, 1999) (Judge Stephen H. Anderson) by This is one of those cases that shows the wondrous word games of criminal justice. One of the issues in this case was whether two of the defendants "possessed" a gun during …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists
Richardson v. Reno, No. 98-4230 (11th Cir.) (162 F.3d 1338) (December 22, 1998) (Judge Frank May Hull) by Sandoval v. Reno, 166 F.3d 225 (3rd Cir. 1999) (Judge Sloviter) Richardson v. Reno, 162 F.3d 1338 (11th Cir. 1998) (Judge Hull) These two decisions represent the opposite extremes of the current …
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists
U.S. v. Rostoff, No. 97-1940 (1st Cir.) (164 F.3d 63) (January 7, 1999) (Judge Norman H. Stahl) by The issue in this case was whether a defendant can be compelled to make payments of restitution beyond the expiration of his term of probation. The defendants in this case were convicted …
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