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U.S. v. Loy, No. 99-3827 (3rd Cir.) (237 F.3d 251) (January 4, 2001) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Loy, No. 99-3827 (3rd Cir.) (237 F.3d 251) (January 4, 2001) (Judge Edward R. Becker) by Here the Court held that challenges to special conditions of supervised release must be made at the time of the defendant’s direct appeal; and it then vacated, as unconstitutionally vague, a condition …

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam) by Here the Court held that advances in DNA technology five years after the defendant's trial and conviction was not enough, on its own, to warrant granting leave to file a second or successive writ …

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

New York v. U.S., No. 91-543 (U.S. Supreme Court) (505 U.S. 144; 112 S.Ct. 2408) (June 19, 1992) (Justice O'Connor)

Article • June 21, 2000

Filed under: Punch And Jurists, Delegation of Authority

New York v. U.S., No. 91-543 (U.S. Supreme Court) (505 U.S. 144; 112 S.Ct. 2408) (June 19, 1992) (Justice O'Connor) by The Court had to decide "the circumstances under which Congress may use the States as implements of regulation; that is, whether Congress may direct or otherwise motivate the States …

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay) by Approximately a year after the defendant in this case was sentenced, District Judge Piersol of South Dakota, upon a motion of the Government, filed an amended judgment adding two conditions of supervised …

Jones v. North Carolina Prisoners' Union, No. 75-1874 (U.S. Supreme Court) (433 U.S. 119; 97 S.Ct. 2532) (June 23, 1977) (Justice Rehnquist)

Article • March 10, 2000

Filed under: Punch And Jurists, Association - Right of

Jones v. North Carolina Prisoners' Union, No. 75-1874 (U.S. Supreme Court) (433 U.S. 119; 97 S.Ct. 2532) (June 23, 1977) (Justice Rehnquist) by In this case the Court reversed a decision by the district court which held that a prison regulation prohibiting inmates from joining a prison union was invalid, …

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bahe, No. 99-10014 (9th Cir.) (201 F.3d 1124) (January 10, 2000) (Judge Harry Pregerson) by This supervised release case is noted principally for its detailed discussion of the legislative history of 18 U.S.C. § 3563(b) and its focus on what the Court described as a "clerical error" in …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum) by The Court distinguished U.S. v. Prendergast, 979 F.2d 1289 (8th Cir. 1992) and U.S. v. Bass, 121 F.3d 1218 (8th Cir. 1997), holding that in the instant case there was "specific evidence …

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …

U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Association - Right of

U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum) by The defendant in this case, a member of a white supremacy group, pled guilty to the unlawful possession of an unregistered destructive device, in violation of 26 U.S.C. §§ 5861(d) and 5871. …

U.S. v. Pandiello, No. 98-2427 (7th Cir.) (184 F.3d 682) (July 15, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Pandiello, No. 98-2427 (7th Cir.) (184 F.3d 682) (July 15, 1999) (Judge Diane P. Wood) by The Court stated: "The restitution order directed that '[t]he restitution shall be paid in equal monthly installments during the period of incarceration through the Inmate Financial Responsibility Program' and in installments of …

Roe v. Marcotte, No. 98-2790 (2nd Cir.) (193 F.3d 72) (September 16, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Roe v. Marcotte, No. 98-2790 (2nd Cir.) (193 F.3d 72) (September 16, 1999) (Judge Rosemary S. Pooler) by Here the Second Circuit joined a number of other Circuits in holding that incarcerated sex offenders may be forced to submit blood samples for inclusion in a state DNA bank for future …

U.S. v. Frankel, No. 99 CR 130 (E.D.N.Y.) (53 F.Supp.2d 303) (May 19, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Frankel, No. 99 CR 130 (E.D.N.Y.) (53 F.Supp.2d 303) (May 19, 1999) (Judge Eugene H. Nickerson) by Here the Court denied permission to a probationer to travel abroad both because he failed to apply 30 days in advance and because the court had "serious doubts about whether [he] …

U.S. v. Crash, No. 91-CR-1235 (E.D.N.Y.) (50 F.Supp.2d 150) (April 21, 1999) (Judge Thomas C. Jr. Platt)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Crash, No. 91-CR-1235 (E.D.N.Y.) (50 F.Supp.2d 150) (April 21, 1999) (Judge Thomas C. Jr. Platt) by In this case, the defendant had made an earlier application to visit his daughter, who was studying in Italy, on her birthday. The trip would have been paid for by the defendant's …

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam) by Here the Court reversed a district court's holding that the Probation Department has the authority to impose an occupational restriction on a defendant as a condition of his supervised release, when the sentencing court …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum) by The proverb that bad cases make bad law probably had a lot to do with the decision in this case. Here, the defendant pled guilty to bank fraud. The case does not …

U.S. v. Cooper, No. 98-1262 (8th Cir.) (171 F.3d 582) (May 15, 1999) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Cooper, No. 98-1262 (8th Cir.) (171 F.3d 582) (May 15, 1999) (Judge James B. Loken) by Here the Court reversed a special condition of probation that prohibited a felon from accepting a job if it involved his absence from his district for more than 24 hours, emphasizing that …