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U.S. v. Bowens, No. 99-4060 (4th Cir.) (224 F.3d 302) (August 18, 2000) (Judge M. Blane Michael)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Plain Error

U.S. v. Bowens, No. 99-4060 (4th Cir.) (224 F.3d 302) (August 18, 2000) (Judge M. Blane Michael) by Here the Court held than an unpreserved error arising from the district court's imposition of a sentence based on crack cocaine as the most heavily punishable object of the drug conspiracy would …

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Plain Error

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby) by This case is a follow-up to the Ninth Circuit’s decision in U.S. v. Nordby, No. 99-10191 (9th Cir. 9/11/2000), which was discussed in last week’s issue of P&J (8/28/00). Once again, …

U.S. v. Swatzie, No. 00-10729 (11th Cir.) (228 F.3d 1278) (September 27, 2000) (Judge Emmett Ripley Cox)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Plain Error

U.S. v. Swatzie, No. 00-10729 (11th Cir.) (228 F.3d 1278) (September 27, 2000) (Judge Emmett Ripley Cox) by United States v. Swatzie, 228 F.3d 1278 (11th Cir. 2000) (Judge Cox) United States v. Maslin, 2000 WL 1294254 (N.D.N.Y. 9/14/00) (Judge McAvoy) The Supreme Court’s decision on June 26, 2000 in …

U.S. v. Meshack, No. 99-50669 (5th Cir.) (225 F.3d 556) (August 28, 2000) (Judge Emilio M. Garza)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Plain Error

U.S. v. Meshack, No. 99-50669 (5th Cir.) (225 F.3d 556) (August 28, 2000) (Judge Emilio M. Garza) by Among the many issues raised in this direct appeal from multiple drug convictions and sentences were numerous challenges to the sentences imposed based on the district court’s determination of the amount of …

Calderon v. Coleman, No. 98-437 (U.S. Supreme Court) (525 U.S. 141; 119 S.Ct. 500) (December 14, 1998) (Per Curiam)

Article • November 29, 1999

Filed under: Punch And Jurists, Plain Error

Calderon v. Coleman, No. 98-437 (U.S. Supreme Court) (525 U.S. 141; 119 S.Ct. 500) (December 14, 1998) (Per Curiam) by Here the Court (5-4) summarily reversed the judgment of the Ninth Circuit affirming the district court's grant of habeas relief in this California capital case. The lower court had determined …

California v. Roy, No. 95-2025 (U.S. Supreme Court) (519 U.S. 2; 117 S.Ct. 337) (November 4, 1996) (Per Curiam)

Article • June 29, 1999

Filed under: Punch And Jurists, Plain Error

California v. Roy, No. 95-2025 (U.S. Supreme Court) (519 U.S. 2; 117 S.Ct. 337) (November 4, 1996) (Per Curiam) by In this significant decision on the ever expanding scope of the concept of "harmless error", the Court held that the Ninth Circuit had erred by applying the more stringent harmless …

O'Brien v. Dubois, No. 97-1979 (1st Cir.) (145 F.3d 16) (May 26, 1998) (Judge Bruce M. Selya)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Plain Error

O'Brien v. Dubois, No. 97-1979 (1st Cir.) (145 F.3d 16) (May 26, 1998) (Judge Bruce M. Selya) by The Court held that AEDPA does not require uniform deference to state court decisions but "restricts the armamentarium of legal rules available to a federal habeas court in evaluating a state court …

U.S. v. Keys, No. 93-50281 (9th Cir.) (133 F.3d 1282) (January 20, 1998) (Judge Stephen S. Trott)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Plain Error

U.S. v. Keys, No. 93-50281 (9th Cir.) (133 F.3d 1282) (January 20, 1998) (Judge Stephen S. Trott) by In this case, although the Court had previously reversed the defendant's conciction on the grounds that plain error in the jury instructions had occurred, now, on an en banc review, the court …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Plain Error

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam) by QUOTE OF THE WEEK - Forget the trial errors. Speedy convictions are what we need because "the quest for the perfect is the enemy of the good." "Perfection is elusive. Appellate courts long ago …

U.S. v. Ravitch, No. 96-21002 (5th Cir.) (128 F.3d 865) (November 7, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Plain Error

U.S. v. Ravitch, No. 96-21002 (5th Cir.) (128 F.3d 865) (November 7, 1997) (Per Curiam) by The Court wrote "Where we have concluded that 'if the case were remanded the trial judge could reinstate the same sentence', we have upheld the defendant's sentence although the district court's stated reasons for …

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Plain Error

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder) by

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Plain Error

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal with substantially similar collateral appeals …

Cooper v. Taylor, No. 93-7352 (4th Cir.) (103 F.3d 366) (December 31, 1996) (Judge Paul V. Niemeyer)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Plain Error

Cooper v. Taylor, No. 93-7352 (4th Cir.) (103 F.3d 366) (December 31, 1996) (Judge Paul V. Niemeyer) by But for Judge Motz' outstanding dissenting decision, one would be tempted to view this case as just another routine example of how the courts stretch to affirm convictions on the grounds that …

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Plain Error

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam) by Last week we reviewed a Tenth Circuit en banc decision (U.S. v. Wiles, 102 F.3d 1043 (10th Cir. 1996)) which explored at some length some of the confusion that has arisen among …

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Plain Error

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam) by Last week we reviewed a Tenth Circuit en banc decision (U.S. v. Wiles, 102 F.3d 1043 (10th Cir. 1996)) which explored at some length some of the confusion that has arisen among …

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Plain Error

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock) by The Wiles case from the Eleventh Circuit is an important en banc review of the many conflicting signals that can be derived from the Supreme Court's almost mystical decision in U.S. v. …

U.S. v. Solorio, No. 93-50507 (9th Cir.) (52 F.3d 827) (April 26, 1995) (Per Curiam)

Article • June 1, 1995

Filed under: Punch And Jurists, Plain Error

U.S. v. Solorio, No. 93-50507 (9th Cir.) (52 F.3d 827) (April 26, 1995) (Per Curiam) by Without stating a single reason for its action, the Court simply withdrew its previous published decision, reported at 37 F.3d 954, and which was highly critical of the Government - and replaced that decision …