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U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza) by In this drug case, the majority vacated the defendant's drug sentence based on Apprendi. However, Judge Parker, who concurred specially because he was constrained to do so by Circuit precedent, wrote about …

U.S. v. Cabeza, No. 00-14583 (11th Cir.) (258 F.3d 1256) (July 25, 2001) (Per Curiam)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Cabeza, No. 00-14583 (11th Cir.) (258 F.3d 1256) (July 25, 2001) (Per Curiam) by Here, joining the 4th and 6th Circuits, the Eleventh Circuit held that Apprendi does not require jury in forfeiture proceeding to make factual determinations beyond reasonable doubt since forfeiture is a punishment, not an …

U.S. v. King, No. 00-3023 (D.C. Cir.) (254 F.3d 1098) (July 3, 2001) (Judge Douglas Ginsburg)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. King, No. 00-3023 (D.C. Cir.) (254 F.3d 1098) (July 3, 2001) (Judge Douglas Ginsburg) by In its ruling, the Court stated: "In calculating King's sentence, the district court enhanced the applicable Guidelines range based upon facts it found by a preponderance of the evidence to be true but …

U.S. v. Austin, No. 00-2933 (8th Cir.) (255 F.3d 593) (June 18, 2001) (Judge Paul A. Magnuson)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Austin, No. 00-2933 (8th Cir.) (255 F.3d 593) (June 18, 2001) (Judge Paul A. Magnuson) by Here the Court held that any Apprendi challenge to the imposition of a two-level leadership enhancement was "categoricaly barred" where that enhancement did not lead to the imposition of a sentence above …

U.S. v. Sullivan, No. 00-8012 (10th Cir.) (255 F.3d 1256) (July 11, 2001) (Judge Stephen H. Anderson)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sullivan, No. 00-8012 (10th Cir.) (255 F.3d 1256) (July 11, 2001) (Judge Stephen H. Anderson) by The Court held that the Apprendi rule did not apply to sentencing factors (such as the loss calculations in the instant tax case under USSG § 2T1.1(c)(2)) that increased the defendant's guideline …

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher) by In this case the Court held that the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than plead guilty does not make him categorically …

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss) by Here the Court held that the Apprendi rule does not require the jury to make a finding that the defendant discharged a firearm in order for the defendant to be subjected …

U.S. v. Garcia, No. 99-2202 (6th Cir.) (252 F.3d 838) (June 7, 2001) (Judge Alice M. Batchelder)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Garcia, No. 99-2202 (6th Cir.) (252 F.3d 838) (June 7, 2001) (Judge Alice M. Batchelder) by

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould) by Here the Court held the district court committed plain error by using only a preponderance of the evidence to impose two sentencing enhancements that more than doubled the defendant's sentence, but refused …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner) by This case is noted for Judge Rovner’s dissent in which she strongly objected to the majority’s refusal to grant a new trial to two petitioners who were sentenced to death after being …

U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd) by Here, the Court strongly affirmed the position it took in U.S. v. Harris, 244 F.3d 828 (11th Cir. 2001) to the effect that "Sentencing Guideline issues are not subject to the …

U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman) by Here the Court held that purchasing jewlery and wine with stolen money is not money laundering under 18 USC 1956(a)(1)(B)(i) because the defendant's misstatements of fact were to a party unrelated to …

U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum) by Here the Court held that attributing drugs sold by defendant to others as relevant conduct, thereby increasing base offense level, did not implicate the Apprendi rule so long as the sentence imposed …

U.S. v. True, No. 99-5111 (6th Cir.) (250 F.3d 410) (May 17, 2001) (Judge Richard F. Suhrheinrich)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. True, No. 99-5111 (6th Cir.) (250 F.3d 410) (May 17, 2001) (Judge Richard F. Suhrheinrich) by Here the Court affirmed the district court's denial of fees and expenses under the Hyde Amendment, stating that the defendant had not met his burden of proving that the Government's prosecution of …

U.S. v. Wilson, No. 00-20041 (5th Cir.) (249 F.3d 366) (April 19, 2001) (Judge W. Eugene Davis)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Wilson, No. 00-20041 (5th Cir.) (249 F.3d 366) (April 19, 2001) (Judge W. Eugene Davis) by Among the many issues raised in this appeal was a contention by the defendant, George Wilson, that his sentence was in violation of the Court's ruling in Apprendi v. New Jersey, because …

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (251 F.3d 1041) (June 12, 2001) (Judge Harry T. Edwards)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (251 F.3d 1041) (June 12, 2001) (Judge Harry T. Edwards) by In its earlier decision in this drug case (U.S. v. Fields, 242 F.3 393 (D.C.Cir. 2001) (Fields I) (P&J, 02/19/01)), the D.C. Circuit became the first Circuit court to hold that the …

U.S. v. Harper, No. 99-6485 (6th Cir.) (246 F.3d 520) (April 6, 2001) (Judge Karen Nelson Moore)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harper, No. 99-6485 (6th Cir.) (246 F.3d 520) (April 6, 2001) (Judge Karen Nelson Moore) by Here the Court held that a sentence enhancement for obstruction of justice imposed by the district court based on its findings by a preponderance of the evidence did not violate Apprendi since …

In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Burden of Proof

In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams) by Here the Court held that Apprendi does not require the Government to prove a defendant's gun threat beyond a reasonable doubt in order to impose the four-level sentence enhancement provided for …

Robinson v. U.S., No. 00 CIV 7493 (S.D.N.Y.) (129 F.Supp.2d 627) (January 29, 2001) (Judge Lewis A. Kaplan)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Burden of Proof

Robinson v. U.S., No. 00 CIV 7493 (S.D.N.Y.) (129 F.Supp.2d 627) (January 29, 2001) (Judge Lewis A. Kaplan) by On October 25, 2000, Judge Kaplan ordered the appointment of counsel in this case to represent the petitioner, James Robinson, in the filing of his first petition to vacate, set aside …

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (143 F.Supp.2d 243) (April 28, 2001) (Judge Eugene H. Nickerson)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (143 F.Supp.2d 243) (April 28, 2001) (Judge Eugene H. Nickerson) by This Memorandum and Order amends and augments Judge Nickerson’s earlier ruling, reported at 128 F.Supp.2d 739 (E.D.N.Y. 2001) (Norris I) (P&J, 1/22/01), in which he suggested that, at sentencing, he was …