Search | Punch and Jurists

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 …

U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack) by Here the Court held that an attempt to withdraw a guilty plea on issues that relate directly to guilt justifies a refusal to grant a sentencing departure for acceptance of responsibility under …

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook) by Adhering to the rigid line of anti-Apprendi decisions from the Seventh Circuit, the Court in the instant case (a) rejected a constitutional challenge to the provisions of 21 U.S.C. § 841 (that …

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy)

Article • February 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy) by Here the Court held that in a prosecution of a felon for possession of a weapon, it was proper for the sentencing judge to determine that the weapon involved was an automatic …

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya) by Here the Court flatly rejected the defendant's assertion that Apprendi required a jury determination as to drug quantity because the finding significantly increased his Guideline sentencing range and sentence (although not above …

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett) by Recently the D.C. Circuit Court held, in U.S. v. Fields, 242 F.3d 393 (D.C. Cir. 2001) (See P&J, 2/19/01), that a “leadership” sentencing enhancement under U.S.S.G. § 3B1.1(a) is subject to the Apprendi …

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards) by It took a long time for the D.C. Circuit to address Apprendi v. New Jersey, 530 U.S. 466 (2000), but its analysis of that decision was worth the wait. Here, not only …

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Burden of Proof

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson) by While this capital murder case dealt primarlity with a number of claims relating to ineffective assistance of counsel issues and habeas issues relating to Idaho law, the Court did address one Apprendi issue …

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen) by

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson) by Here Judge Nickerson became the first judge to hold that, under Apprendi, any facts that increase a defendant's sentence beyond the sentencing range prescribed by the Guidelines must be submitted to …

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam) by The defendants in this case were planning to rob a convenience store on an Army base when two soldiers approached. After brandishing a gun and warning the soldiers to back off, one of the …