Search | Punch and Jurists

U.S. v. 408 Peyton Road, S.W., Atlanta, Ga., No. 95-8330 (11th Cir.) (162 F.3d 644) (December 8, 1998) (Judge Susan H. Black)

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

Filed under: Punch And Jurists

U.S. v. 408 Peyton Road, S.W., Atlanta, Ga., No. 95-8330 (11th Cir.) (162 F.3d 644) (December 8, 1998) (Judge Susan H. Black) by Here a divided en banc court held that the Due Process Clause requires the Government to provide notice and a hearing before executing seizure warrants for real …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any …

U.S. v. Reid, No. Crim. No. 3:98CR64 (E.D.Va.) (19 F.Supp.2d 534) (July 28, 1998) (Judge James R. Spencer)

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

Filed under: Punch And Jurists

U.S. v. Reid, No. Crim. No. 3:98CR64 (E.D.Va.) (19 F.Supp.2d 534) (July 28, 1998) (Judge James R. Spencer) by United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder) United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza) United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. …

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman) by This decision is one of three related decisions by Judge Friedman addressing a series of pretrial motions filed in a high-profile illegal campaign contribution case. Because there were allegations that the …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any …

Lee v. Coughlin, No. 93 Civ. 8417 (SS) (S.D.N.Y.) (26 F.Supp.2d 615) (October 27, 1998) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists

Lee v. Coughlin, No. 93 Civ. 8417 (SS) (S.D.N.Y.) (26 F.Supp.2d 615) (October 27, 1998) (Judge Sonia Sotomayor) by This decision by Judge Sotomayor is a significant analysis of the Supreme Court's "atypical and significant hardship" standard, enunciated in Sandin v. Conner, in the context of lengthy stays in solitary …

U.S. v. Haese, No. 97-10307 (5th Cir.) (162 F.3d 359) (December 7, 1998) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists

U.S. v. Haese, No. 97-10307 (5th Cir.) (162 F.3d 359) (December 7, 1998) (Judge Emilio M. Garza) by United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder) United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza) United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. 1998) …

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima) by This case is noted for its affirmation that, despite the Supreme Court's ruling in U.S. v. Hyde, a defendant still has the absolute right to withdraw a guilty plea before it is …

U.S. v. Ware, No. 97-5771 (6th Cir.) (161 F.3d 414) (December 3, 1998) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists

U.S. v. Ware, No. 97-5771 (6th Cir.) (161 F.3d 414) (December 3, 1998) (Judge Alice M. Batchelder) by United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder) United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza) United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. 1998) …

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher) by This is another case that shows the deep judicial disagreements over what constitutes the "heartland" of Guidelines cases. Here, the defendant had previously been convicted of engaging in a $20 heroin sale …

U.S. v. Salgado-Ocampo, No. 98-1217 (7th Cir.) (159 F.3d 322) (November 2, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. Salgado-Ocampo, No. 98-1217 (7th Cir.) (159 F.3d 322) (November 2, 1998) (Judge Joel L. Flaum) by Here the Court noted that to qualify for a justification defense the defendant must show that he met four separate factors; and failing to do so he was denied the right to …

U.S. v. Navarro, No. 97-16794 (9th Cir.) (160 F.3d 1254) (November 24, 1998) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. Navarro, No. 97-16794 (9th Cir.) (160 F.3d 1254) (November 24, 1998) (Judge Ferdinand F. Fernandez) by QUOTE OF THE WEEK - Some interesting observations by Chief Justice Rehnquist on the federalization of every sensational and heinous State crime. "The trend to federalize crimes that traditionally have been handled …

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote) by In this case, the defendant was charged with embezzlement from the U.S. Postal Service and related offenses. Prior to his indictment, the Government offered, in lieu of a criminal prosecution, to …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by Quote from Judge Posner in which he argued that the general rule that ignorance of the law is no excuse should not apply to statutes that are unduly complex or obscure. QUOTE …

Edmond v. Goldsmith, No. IP 98 1400-C B/S (S.D.Ind.) (38 F.Supp.2d 1016) (November 18, 1998) (Judge Sarah Evans Barker)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Edmond v. Goldsmith, No. IP 98 1400-C B/S (S.D.Ind.) (38 F.Supp.2d 1016) (November 18, 1998) (Judge Sarah Evans Barker) by Citing Michigan Dept. of Police v. Sitz, 496 U.S. 444 (1990), the Court noted that courts are required to balance the promotion of legitimate governmental interests against the intrusion, both …

U.S. v. Marrero-Ortiz, No. 96-2187 (1st Cir.) (160 F.3d 768) (November 17, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Marrero-Ortiz, No. 96-2187 (1st Cir.) (160 F.3d 768) (November 17, 1998) (Judge Bruce M. Selya) by Here the Court held that the district court had not abused its discretion when it permitted the empanelment of an anonymous jury because it had taken appropriate safeguards to minimize any risk …

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald) by In this case the defendant was identified by an eyewitness as the man who displayed a gun. The defendant's attorney presented a defense of misidentification, suggesting that the gun could have belonged …

Montgomery v. De Simone, No. 97-5179 (3rd Cir.) (159 F.3d 120) (October 16, 1998) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Montgomery v. De Simone, No. 97-5179 (3rd Cir.) (159 F.3d 120) (October 16, 1998) (Judge Carol Los Mansmann) by Here the Court held that the common law rule, embodied in the Restatement of Torts, that a conviction presumptively establishes the existence of probable cause does not apply in the context …

U.S. v. McCormack, No. 97-10168-NG (D.Mass.) (31 F.Supp.2d 179) (November 13, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. McCormack, No. 97-10168-NG (D.Mass.) (31 F.Supp.2d 179) (November 13, 1998) (Judge Nancy Gertner) by This case quickly caught our attention. It was written by Judge Gertner, one of the best judges in America. It dealt with 18 U.S.C. § 666 - a statute that seems to grow unmercifully. …

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green) by Case is noted for Judge Green's strong condemnation of the Guideline's "bait and switch" approach to sentencing and its "mandatory" use of aquitted conduct in calculating the proper sentence range. In …