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U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber) by Here the Court rejected the defendant's claim that the district court had improperly double counted the stolen nature of the firearm first by calculating the offense level under § 2K2.1 and then …
Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor)
Article • November 21, 1998
Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights
Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor) by The Court also noted that "Although courts should construe Rule 3 liberally when determining whether it has been complied with, non compliance is fatal to an appeal." (Id., at 248) …
Smith v. Phillips, No. 80-1082 (U.S. Supreme Court) (455 U.S. 209; 102 S.Ct. 940) (January 25, 1982) (Justice Rehnquist)
Article • November 16, 1998
Filed under: Punch And Jurists, Jury Coercion/Tampering
Smith v. Phillips, No. 80-1082 (U.S. Supreme Court) (455 U.S. 209; 102 S.Ct. 940) (January 25, 1982) (Justice Rehnquist) by Case held that a juror who had submitted a job application to the local district attorney was influenced by extraneous information; but that the violation did not automatically require a …
Pena v. U.S., No. 96-50644 (5th Cir.) (157 F.3d 984) (October 7, 1998) (Judge Fortunato P. Benavides)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Return/Retention of Property
Pena v. U.S., No. 96-50644 (5th Cir.) (157 F.3d 984) (October 7, 1998) (Judge Fortunato P. Benavides) by Here the Court held that while a suit for money damages could not be maintained under Fed.R.Crim.P. 41(e), the inmate's motion, combined with Government's destruction of property, presented a valid Bivins claim …
U.S. v. Adkinson, No. 92-2872 (11th Cir.) (158 F.3d 1147) (October 26, 1998) (Judge James C. Hill)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Klein Type Conspiracy
U.S. v. Adkinson, No. 92-2872 (11th Cir.) (158 F.3d 1147) (October 26, 1998) (Judge James C. Hill) by United States v. Adkinson, 135 F.3d 1363 (11th Cir. 1998) (Judge Hill) ("Adkinson I") United States v. Adkinson, 158 F.3d 1147 (11th Cir. 1998) (Judge Hill) ("Adkinson II") These two rather extraordinary …
U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Obstruction of Justice
U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy) by We first noted this case in the April 27, 1998 issue of Punch and Jurists, when we reported that district judge Greene of Utah ruled that the Double Jeopardy Clause barred the …
U.S. v. Riddick, No. 97-1367 (3rd Cir.) (156 F.3d 505) (September 25, 1998) (Judge Jane A. Restani)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Grouping
U.S. v. Riddick, No. 97-1367 (3rd Cir.) (156 F.3d 505) (September 25, 1998) (Judge Jane A. Restani) by Here the Court held that the district court erred by using the Guidelines applicable to CCE offenses (which resulted in 33 years) rather than Guideline applicable to drug offenses near a school …
Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Credits
Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt) by The Court held that: "A unilateral transfer by the Bureau of Prisons does not involve the prisoner's fault and an interruption thereon is not mandated by statute. Such a transfer is more analogous …
U.S. v. Dunlap, No. Crim. A. 98-CR-206-M (D.Colo.) (17 F.Supp.2d 1183) (August 12, 1998) (Judge Richard P. Matsch)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists
U.S. v. Dunlap, No. Crim. A. 98-CR-206-M (D.Colo.) (17 F.Supp.2d 1183) (August 12, 1998) (Judge Richard P. Matsch) by As the clock ticks down on the Tenth Circuit's soon-to-be released en banc review of U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998), we note this decision especially because it …
White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Prison Conditions
White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky) by In this case a class of inmates at Bayside State Correctional Facility filed a civil rights action, alleging that the guards had engaged in a pattern of physical abuse, threats and …
American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)
American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan) by This case consolidates a series of lawsuits brought by various plaintiffs, including ten immigrant assistance organizations, challenging the constitutionality of the Illegal Immigration Reform and Immigrant Responsibility Act of …
U.S. v. Paul, No. 97-1568 (2nd Cir.) (156 F.3d 403) (September 24, 1998) (Per Curiam)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists
U.S. v. Paul, No. 97-1568 (2nd Cir.) (156 F.3d 403) (September 24, 1998) (Per Curiam) by Here the defendant objected to the use of 20 year old convictions in the determination of his status as an armed career criminal - an argument which the court promptly rejected, stating that there …
U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Applicable Guidelines Issues
U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith) by This is one of those illegal campaign contribution prosecutions by the Office of Independent Counsel which shows how the Government continues to fight to expand the parameters of the high-penalty money laundering …
U.S. v. Coleman, No. 96-4786 (4th Cir.) (158 F.3d 199) (September 14, 1998) (Judge William W. Jr. Wilkins)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists
U.S. v. Coleman, No. 96-4786 (4th Cir.) (158 F.3d 199) (September 14, 1998) (Judge William W. Jr. Wilkins) by Case held that the district court properly looked to the charging documents to determine whether a state common law assault classified as a misdemeanor was a "violent felony" for purposes of …
U.S. v. Gordon, No. 97-2397 (2nd Cir.) (156 F.3d 376) (September 22, 1998) (Per Curiam)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists
U.S. v. Gordon, No. 97-2397 (2nd Cir.) (156 F.3d 376) (September 22, 1998) (Per Curiam) by Case held that defendant was denied effective assistance of counsel by his attorney, who substantially underestimated defendant's potential sentence, thereby inducing him to go to trial rather than accept plea bargain. This case raises …
In Re City of Philadelphia Litigation, No. 96-1978 (3rd Cir.) (158 F.3d 723) (September 9, 1998) (Judge Carol Los Mansmann)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Bivens Actions
In Re City of Philadelphia Litigation, No. 96-1978 (3rd Cir.) (158 F.3d 723) (September 9, 1998) (Judge Carol Los Mansmann) by Here the Court affirmed that the proper subjective standard calls for a showing of an intention to do what is known to be wrong - and based on that …
U.S. v. Brandon, No. 97-3812 (6th Cir.) (158 F.3d 947) (October 23, 1998) (Judge Ronald Lee Gilman)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication
U.S. v. Brandon, No. 97-3812 (6th Cir.) (158 F.3d 947) (October 23, 1998) (Judge Ronald Lee Gilman) by Here the Court concluded that a non-dangerous pretrial detainee, whom institutional medical personnel sought to forcibly treat with antipsychotic medication solely to render him competent to stand trial, was constitutionally entitled to …
American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)
American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan) by This case consolidates a series of lawsuits brought by various plaintiffs, including ten immigrant assistance organizations, challenging the constitutionality of the Illegal Immigration Reform and Immigrant Responsibility Act of …
U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Obstruction of Justice
U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy) by We first noted this case in the April 27, 1998 issue of Punch and Jurists, when we reported that district Judge Greene of Utah ruled that the Double Jeopardy Clause barred the …
Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Forfeiture, Punch And Jurists
Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller) by Our dollar bills may say "In God We Trust" - but the message from this case is "Don't trust tin gods." Once again we have a case in which a snitch naively …
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