Search | Punch and Jurists

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, Money Laundering/Structuring

U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith) by Court held that the district court did not abuse its discretion when it determined that defendant's offenses did not fall within the heartland of the money laundering guidelines, and instead applied the …

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti) by In this case, during voir dire, the district court asked the panel whether any of them felt that the American approach to marijuana was wrong, and two jurors raised their hands. The court …

U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake) by Here the Fifth Circuit joined the holdings of the Second, Seventh and Eleventh Circuits in holding that the Reves' management and control test does not apply to a RICO conspiracy, conclusing …

Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler) by The Court reasoned that even though the BOP has eliminated the regulation's reliance on the meaning of "crime of violence" in Section 924(c), the BOP "has no choice but to define …

U.S. v. Paradies, No. CR 193-310 (N.D.Ga.) (14 F.Supp.2d 1315) (February 20, 1998) (Judge Anthony J. Alaimo)

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

Filed under: Punch And Jurists

U.S. v. Paradies, No. CR 193-310 (N.D.Ga.) (14 F.Supp.2d 1315) (February 20, 1998) (Judge Anthony J. Alaimo) by United States v. Wilke, 156 F.3d 749 (7th Cir. 1998) (Judge Kanne) United States v. Paradies, 14 F.Supp.2d 1315 (N.D.Ga. 1998) (Judge Alaimo) Both of these cases deal with a growing problem …

U.S. v. Quintero, No. 97-3861 (6th Cir.) (157 F.3d 1038) (October 9, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Quintero, No. 97-3861 (6th Cir.) (157 F.3d 1038) (October 9, 1998) (Judge Cornelia G. Kennedy) by The Court acknowledged that a number of Circuits have reached the opposite conclusion, holding that § 3584(a) permits a district court to impose a sentence to be served consecutively to a yet …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker) by Here the Court decided that: "The parties agree that the amendment to S 5K2.13 does not work a substantive change in the law, but rather "clarifies" the Guideline in place at the …

U.S. v. Bindley, No. 97-3250 (10th Cir.) (157 F.3d 1235) (October 13, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Bindley, No. 97-3250 (10th Cir.) (157 F.3d 1235) (October 13, 1998) (Judge Mary Beck Briscoe) by This case is noted for its discussion of the affirmative defense of "involuntary intoxication" - which the Court noted "has received relatively little attention from the federal courts . . . [but] …

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza) by A rare case in which the Court held that a disabled inmate had made a sufficient showing of cruel and unusual punishment due to the prison's actions which precluded him from showering.

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold) by The Court noted that the average length of time served on death row between sentence and execution for the 45 persons executed in the U.S. in 1996 was ten and a half …

U.S. v. Bindley, No. 97-3250 (10th Cir.) (157 F.3d 1235) (October 13, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Bindley, No. 97-3250 (10th Cir.) (157 F.3d 1235) (October 13, 1998) (Judge Mary Beck Briscoe) by This case is noted for its discussion of the affirmative defense of "involuntary intoxication" - which the Court noted "has received relatively little attention from the federal courts . . . [but] …

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam) by Last year the Second Circuit authoritatively pronounced: "We have never held that a failure to pay fees or an attorney's motion to withdraw for his clients failure to pay, without more, gives …

Vazquez v. Carver, No. Civil No. 86-3020 (E.D.Pa.) (18 F.Supp.2d 503) (June 22, 1998) (Judge Edward N. Cahn)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Vazquez v. Carver, No. Civil No. 86-3020 (E.D.Pa.) (18 F.Supp.2d 503) (June 22, 1998) (Judge Edward N. Cahn) by Largely adopting the reasoning of Judge DuBois in Imprisoned Citizens Union v. Schapp, 11 F.Supp.2d 586 (E.D.Pa. 1998) - and rejecting the analysis of Judge Devevoise in Denike v. Fauver, 3 …

Essex County Jail Annex Inmates v. Treffinger, No. Civ. 87-871 (D.N.J.) (18 F.Supp.2d 445) (August 17, 1998) (Judge Harold A. Ackerman)

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

Filed under: Punch And Jurists, Contempt

Essex County Jail Annex Inmates v. Treffinger, No. Civ. 87-871 (D.N.J.) (18 F.Supp.2d 445) (August 17, 1998) (Judge Harold A. Ackerman) by This decision reflects a poignant comparison between the microcosm of prison life and the enlightened concept of realpolitik. The plaintiff-inmates in this case filed a motion to hold …

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby) by Here the Court affirmed its prior rulings that a departure analysis based on aberrant conduct focuses "not on the number of discrete acts undertaken by the defendant, but on 'the aberational character of …

U.S. v. Beckner, No. Crim. No. 93-60 (M.D.La.) (16 F.Supp.2d 677) (July 23, 1998) (Judge Adrian G. Duplantier)

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

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Beckner, No. Crim. No. 93-60 (M.D.La.) (16 F.Supp.2d 677) (July 23, 1998) (Judge Adrian G. Duplantier) by This forfeiture case addresses the question whether, after a conviction has been reversed on appeal, a defendant may bring an action under the All Writs Act (28 U.S.C. § 1651) for …

U.S. v. Bulacan, No. 97-10222 (9th Cir.) (156 F.3d 963) (September 17, 1998) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Bulacan, No. 97-10222 (9th Cir.) (156 F.3d 963) (September 17, 1998) (Judge Harry Pregerson) by The court noted that because administrative searches "require no warrant or particularized suspicion, an administrative search scheme invests the Government with the power to intrude into the privacy of ordinary citizens. This power …

Henderson v. I.N.S., No. 97-4050 (2nd Cir.) (157 F.3d 106) (September 18, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists

Henderson v. I.N.S., No. 97-4050 (2nd Cir.) (157 F.3d 106) (September 18, 1998) (Judge Guido Calabresi) by Effectively, the Court held that Congress had not designed § 440(d) of the AEDPA to apply to persons whose deportaion proceedings were pending at the time the AEDPA was signed into law - …

U.S. v. $141,770.00 in U.S. Currency, No. 97-2393 (8th Cir.) (157 F.3d 600) (October 5, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Drug-Tainted Currency

U.S. v. $141,770.00 in U.S. Currency, No. 97-2393 (8th Cir.) (157 F.3d 600) (October 5, 1998) (Judge David R. Hansen) by Here theCourt held that testimony of a forensic chemist that 99 percent of United States currency was contaminated with some amount of drug residue was both unreliable and irrelevant.

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins) by United States v. Medina, 17 F.Supp.2d 245 (S.D.N.Y. 1998) (Judge Sweet) United States v. Fellows, 157 F.3d 1197 (9th Cir. 1998) (Judge Wiggins) Both of these cases are prime examples of what …