Search | Punch and Jurists

U.S. v. $9,041,598.68, No. 97-20413 (5th Cir.) (163 F.3d 238) (December 15, 1998) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. $9,041,598.68, No. 97-20413 (5th Cir.) (163 F.3d 238) (December 15, 1998) (Judge Fortunato P. Benavides) by The Court noted that the Ninth, First and Eighth Circuits have held that the Government is restricted to evidence acquired at the time of the complaint (see U.S. v. $191,910.00 in United …

U.S. v. Dunigan, No. 97-5980 (6th Cir.) (163 F.3d 979) (January 8, 1999) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Dunigan, No. 97-5980 (6th Cir.) (163 F.3d 979) (January 8, 1999) (Judge R. Guy Jr. Cole) by At the time of sentencing, the defendant was was twenty-eight years old and indigent. His educational background includes graduating high school ranked third in his class and completing some college-level course …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by United States v. Dorsey, Docket No. 98-35250 (3rd Cir. 1/129/99) (Judge Caldwell) Rios v. Wiley, 29 F.Supp.2d 232 (M.D.Pa. 1998) (Judge Caldwell) Both of these cases deal with a highly technical issue: who …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Quote from Judge Posner in which he criticized the maze of conflicting, contradictory and imprecise Federal criminal statutes that now number more than 10,000. QUOTE OF THE WEEK - The hodgepodge of conflicting, …

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Threats

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith) by Case held that defendant, who, while speaking with an insurance adjuster regarding repairs to his vehicle, remarked that he was going to shoot his Congressman, lacked requisite intent under statute prohibiting threats against …

U.S. v. Gomez, No. 96-9455 (11th Cir.) (164 F.3d 1354) (January 14, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Gomez, No. 96-9455 (11th Cir.) (164 F.3d 1354) (January 14, 1999) (Judge Gerald B. Tjoflat) by After his conviction on drug charges, the defendant in this case challenged the calculation of his base offense level under the Guidelines. The district court (Judge Moore) found that he was responsible …

U.S. v. Carroll, No. 97-4022 (4th Cir.) (1998 WL 801880) (November 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Carroll, No. 97-4022 (4th Cir.) (1998 WL 801880) (November 19, 1998) (Per Curiam) by In footnote 4 to this decision, the Court declined to follow the Singleton ruling partially because it had not been raised below and partially because of the subsequent reversal of Singleton - but it …

Martinez v. Greene, No. Civ.A. 98-B-2257 (D.Colo.) (28 F.Supp.2d 1275) (December 14, 1998) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

Martinez v. Greene, No. Civ.A. 98-B-2257 (D.Colo.) (28 F.Supp.2d 1275) (December 14, 1998) (Judge Lewis T. Babcock) by Here the Court held that the statute requiring that criminal aliens detained for deportation proceedings be held without bail pending determination of deportability violated, on its face, constitutional right to due process. …

U.S. v. Scheer, No. CR 96-0304-01(ADS) (E.D.N.Y.) (30 F.Supp.2d 351) (December 23, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Scheer, No. CR 96-0304-01(ADS) (E.D.N.Y.) (30 F.Supp.2d 351) (December 23, 1998) (Judge Arthur D. Spatt) by Shortly after the defendant is this case was released from prison, he requested permission from his probation officer to travel to Florida with his wife, “in order to save his precarious marriage.” …

U.S. v. Abraham, No. Crim. No. 98-249 (D.N.J.) (29 F.Supp.2d 206) (November 23, 1998) (Judge Jerome B. Simandle)

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

Filed under: Punch And Jurists

U.S. v. Abraham, No. Crim. No. 98-249 (D.N.J.) (29 F.Supp.2d 206) (November 23, 1998) (Judge Jerome B. Simandle) by Here the Court held that the Federal Anti-Gratuity Statute does not exclude, wholesale, testimony procured from cooperating defendants pursuant to a plea agreement in exchange for testimony.

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous "El Rukns" cases over which he …

Malone v. Calderon, No. 98-99035 (9th Cir.) (164 F.3d 1210) (January 8, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Fair Trial

Malone v. Calderon, No. 98-99035 (9th Cir.) (164 F.3d 1210) (January 8, 1999) (Per Curiam) by The Court’s Order in this case was only four sentences long. The Ninth Circuit summarily rejected the defendant’s request for an en banc review of his petition for habeas relief - on the technical …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) 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 …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous “El Rukns” cases over which he …

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Scrivner, No. 97-35584 (9th Cir.) (189 F.3d 825) (September 1, 1999) (Judge Stephen S. Trott) by In this memorandum order, on a Government motion for reconsideration, the Court reversed the panel's previous decision, reported at 167 F.3d 525, on the grounds that the law of the case doctrine …

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel)

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

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

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of conviction …

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman) by QUOTE OF THE WEEK - Some reasons why fairness mandates that sentences be imposed by an impartial and unbiased authority. "Due process in sentencing, should, at its most basic, include the right to …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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 [From Vol. 6, No. 42, dated 10/18/99] QUOTE OF THE WEEK - Some excerpts from Miranda v. Arizona, 384 U.S. 436 (1966) explaining some of the reasons why the Court felt various …

Jones v. Garner, No. 97-9009 (11th Cir.) (164 F.3d 589) (January 6, 1999) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists

Jones v. Garner, No. 97-9009 (11th Cir.) (164 F.3d 589) (January 6, 1999) (Judge Rosemary Barkett) by In this decision, which was subsequently reversed by the Supreme Court, the Eleventh Circuit held that a retroactive application to a parole reconsideration rule, changing frequency of required reconsideration hearing violated Ex Post …

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty)

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

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

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of …