Search | Punch and Jurists

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by Reversing both the lower court decision and a panel's earlier affirmance of that decision, the en banc court held that the "in furtherance of" element of the offense charged is not limited …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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 …

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter)

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

Filed under: Punch And Jurists, Deliberate Indifference

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter) by Court held that prisoner's allegations of denial of medication to treat HIV was sufficient allegation of deliberate indifference to prevent dismissal of complaint for damages on summary judgment basis.

Imprisoned Citizens Union v. Ridge, No. 98-1536 (3rd Cir.) (169 F.3d 178) (February 25, 1999) (Judge Samuel A. Jr. Alito)

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

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

Imprisoned Citizens Union v. Ridge, No. 98-1536 (3rd Cir.) (169 F.3d 178) (February 25, 1999) (Judge Samuel A. Jr. Alito) by This case involved four consolidated cases filed between 1970 and 1971 challenging the constitutionality of conditions and policies at the seven Pennsylvania State Correctional Institutions then in operation -- …

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, Non-violent offenses

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel) by Gavis v. Crabtree, 28 F.Supp.2d 1264 (D.Or. 1998) (Judge Haggerty) Hicks v. Brooks, 28 F.Supp.2d 1268 (D.Colo. 1998) (Judge Daniel) It is hard to find a more vigilant protagonist of prisoners' rights in …

U.S. v. Roque-Acosta, No. CR. No. 98-00554 DAE (D.Hawai'I) (28 F.Supp.2d 1256) (November 25, 1998) (Judge David Alan Ezra)

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

Filed under: Punch And Jurists

U.S. v. Roque-Acosta, No. CR. No. 98-00554 DAE (D.Hawai'I) (28 F.Supp.2d 1256) (November 25, 1998) (Judge David Alan Ezra) by Joining a majority of courts, Judge Ezra held that the Federal Anti-Gratuity Statute did not extend to a prosecutor's offer of leniency to a confidential informant in exchange for his …

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, Non-violent offenses

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 …

Sandoval v. Reno, No. 98-1099 (3rd Cir.) (166 F.3d 225) (January 26, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists

Sandoval v. Reno, No. 98-1099 (3rd Cir.) (166 F.3d 225) (January 26, 1999) (Judge Dolores K. Sloviter) 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 …

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones) by

U.S. v. Fraguela, No. CRIM. A. 96-0339 (E.D.La.) (1998 WL 560352) (August 27, 1998) (Judge Helen G. Berrigan)

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

Filed under: Punch And Jurists

U.S. v. Fraguela, No. CRIM. A. 96-0339 (E.D.La.) (1998 WL 560352) (August 27, 1998) (Judge Helen G. Berrigan) by The Court stated: "While criminal prosecutions might be impacted by this Court's ruling, this, in and of itself, is certainly not a reason for the Court to disregard the plain words …

U.S. v. Castro, No. 96-40687 (5th Cir.) (166 F.3d 728) (January 26, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Pretextual Stops

U.S. v. Castro, No. 96-40687 (5th Cir.) (166 F.3d 728) (January 26, 1999) (Per Curiam) by We first noted this case in the December 29, 1997 issue of Punch and Jurists. In a decision reported at 129 F.3d 752 (5th Cir. 1997), a panel of the Fifth Circuit vacated a …

U.S. v. Lowery, No. 98-5229 (11th Cir.) (166 F.3d 1119) (February 3, 1999) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

U.S. v. Lowery, No. 98-5229 (11th Cir.) (166 F.3d 1119) (February 3, 1999) (Judge Edward E. Carnes) by The now-reversed Singleton decision (U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998)) continues to show the enormous concerns of both the judiciary and the Government about Singleton's holding that offers of …

U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser) by Quotes from the ABA Task Force on "The Federalization of Criminal Laws" which concluded that the recent trend to make a Federal crime out of crimes normally reserved to the …

U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig) by The facts of this horrendous case are outlined in Judge Hawkin's lengthy and detailed decision, U.S. v. Taylor, 956 F.Supp. 622 (1997) - where he found prolonged, deliberate and bad-faith Governmental misconduct …

U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Remorse

U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy) by In this case the Tenth Circuit held that a district court may grant a downward departure from the Sentencing Guidelines if it finds that the defendant shows remorse to an exceptional degree. …

U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Remorse

U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy) by In this case the Tenth Circuit held that a district court may grant a downward departure from the Sentencing Guidelines if it finds that the defendant shows remorse to an exceptional degree. …

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by This case shows some of the short-sighted absurdities of justice in America. The defendant was a homeless and mentally disturbed man who was found incompetent to stand trial. Following a stint in a …

U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser) by If one ever needed a wake-up call and a reason the read the ABA's report on "The Federalization of Criminal Law" (which is referred to in our Quote of the …

U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman) by Once again, Judge Adelman has used logic and legal precedent - not social policy and political imperatives - to rule on a controversial issue: whether the imposition of both a 4-level enhancement, under …

U.S. v. Martin, No. 98-6089 (10th Cir.) (163 F.3d 1212) (December 31, 1998) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Martin, No. 98-6089 (10th Cir.) (163 F.3d 1212) (December 31, 1998) (Judge Paul J. Jr. Kelly) by Case held, as a matter of first impression, that a local police detective deputized to participate in a federal narcotics investigation was a "federal officer" within the meaning of the statute …