Search | Punch and Jurists

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner) by The defendant in this case was indicted on three counts of aiding and abetting Federal program bribery. The trial court granted the defendant's motion for a judgment of acquittal pursuant to Rule …

U.S. v. Chairse, No. Civil No. 98-1342 (D.Minn.) (18 F.Supp.2d 1021) (August 17, 1998) (Judge Richard H. Kyle)

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

Filed under: Punch And Jurists, Commitment

U.S. v. Chairse, No. Civil No. 98-1342 (D.Minn.) (18 F.Supp.2d 1021) (August 17, 1998) (Judge Richard H. Kyle) by Court held that the Government had failed to show by clear and convincing evidence that defendant's release would create substantial risk of bodily injury to others or serious damage to property …

U.S. v. Lynch, No. 98-1029 (3rd Cir.) (158 F.3d 195) (October 15, 1998) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists

U.S. v. Lynch, No. 98-1029 (3rd Cir.) (158 F.3d 195) (October 15, 1998) (Judge Leonard I. Garth) by At issue in this case was the language from § 851(a)(2) which states in part: "An information may not be filed under this section if the increased punishment which may be imposed …

U.S. v. Levy-Cordero, No. 93-1879 (1st Cir.) (156 F.3d 244) (September 17, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Levy-Cordero, No. 93-1879 (1st Cir.) (156 F.3d 244) (September 17, 1998) (Judge Juan R. Torruella) by Here the Court rejected a motion for a new trial based on alibi evidence which the court found not credible and was raised 9 years after the event that the defendant was …

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, Exhaustion of Remedies

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 …

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner) by United States v. Costello, 16 F.Supp.2d 36 (D.Mass. 1998) (Judge Gertner) United States v. McDougal, 16 F.Supp. 1047 (E.D.Ark. 1998) (Judge Howard) The common theme in both of these cases is that the …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood) by Citing U.S. v. Thomas, 150 F.3d 743, 746 (7th Cir. 1998), the court held, inter alia, that a buyer-seller instruction "reminds juries that distribution of drugs is not itself conspiracy, although a …

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Ensign Amendment

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams) by Case reversed decision by Judge Sporkin which held that legislation and prison regulations that effectively prohibited distribution of publications such as Playboy and Penthouse were facially invalid under the First Amendment. This …

U.S. v. Barnes, No. 96-1494, No. 223 (2nd Cir.) (158 F.3d 662) (October 21, 1998) (Judge Edward R. Korman)

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

Filed under: Punch And Jurists

U.S. v. Barnes, No. 96-1494, No. 223 (2nd Cir.) (158 F.3d 662) (October 21, 1998) (Judge Edward R. Korman) by In this case, the defendant was convicted of conspiracies to distribute, inter alia, heroin and crack. Although the district court arrived at a Guidelines sentencing range lower than the 20-year …

U.S. v. Greer, No. 96-11443 (5th Cir.) (158 F.3d 228) (October 16, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Greer, No. 96-11443 (5th Cir.) (158 F.3d 228) (October 16, 1998) (Judge Carolyn Dineen King) by Case held that an obstruction of justice enhancement may be applied to punish a defendant who feigns incompetence in an effort to delay or avoid trial and punishment. While the Court acknowledged …

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt) by United States v. Mound, 157 F.3d 1153 (8th Cir. 1998) (Per Curiam) People of Territory of Guam v. Shymanovitz, 157 F.3d 1154 (9th Cir. 1998) (Judge Reinhardt) Both of …

Minnesota v. Carter, No. 97-1147 (U.S. Supreme Court) (525 U.S. 83; 119 S.Ct. 469) (December 1, 1998) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Search and Seizure

Minnesota v. Carter, No. 97-1147 (U.S. Supreme Court) (525 U.S. 83; 119 S.Ct. 469) (December 1, 1998) (Justice Rehnquist) by Back in 1990, a majority of the Supreme Court ruled, in Minnesota v. Olson, 495 U.S. 91 (1990), that an overnight guest had a "legitimate expectation of privacy" while visiting …

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 February, 1996

Filed under: Punch And Jurists, Probable/Proximate Cause

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 Under 21 U.S.C. § 881(a)(6), all money furnished or intended to be furnished in exchange for illegal drugs, all drug proceeds, and all money used or intended to be …

U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed) by Judge Reinhardt argued that the defendant's three uncounted prior frauds (involving between $2000 and $28,000) were not "serious enough" to warrant the departure granted - and he objected to the majority's …

Lee v. Reno, No. Cov.A. 97-2308(JHG) (D.D.C.) (15 F.Supp.2d 26) (July 27, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists

Lee v. Reno, No. Cov.A. 97-2308(JHG) (D.D.C.) (15 F.Supp.2d 26) (July 27, 1998) (Judge Joyce Hens Green) by The Court also held that the provisions of the AEDPA making aliens with certain criminal backgrounds ineligible to apply for waivers of deportation did not apply retroactively. In a strong decision, Judge …

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 QUOTE OF THE WEEK - On the Government's right to "stack the deck" against aliens. "When a permanent resident alien's substantial interest in remaining in this country is at …

Cozine v. Crabtree, No. CV-97-1510-ST (D.Or.) (15 F.Supp.2d 997) (July 2, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Cozine v. Crabtree, No. CV-97-1510-ST (D.Or.) (15 F.Supp.2d 997) (July 2, 1998) (Judge Magistrate) by We don't usually report Magistrate's decisions because they are generally deemed to have little precedential value. As we noted a few weeks ago, one Circuit Court recently made the rueful observation that "[D]istrict court decisions …

Dolfi v. Pontesso, No. 98-1394 (6th Cir.) (156 F.3d 696) (September 30, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Special Parole

Dolfi v. Pontesso, No. 98-1394 (6th Cir.) (156 F.3d 696) (September 30, 1998) (Judge Gilbert S. Merritt) by The Court noted that ""Special parole" had been an additional penalty for all drug offenses that was mandatory in all cases until the Sentencing Reform Act replaced it with "supervised release." Special …

Webber v. Crabtree, No. 97-30614 (9th Cir.) (158 F.3d 460) (October 8, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Smoking/ETS Claims

Webber v. Crabtree, No. 97-30614 (9th Cir.) (158 F.3d 460) (October 8, 1998) (Per Curiam) by Case held that due to language in 28 CFR § 551.163 that warden "shall identify" smoking areas, a ban on smoking in all areas of a prison camp was improper and not a proper …

Garner v. Meoli, No. Civ.A. 96-1351 (E.D.Pa.) (19 F.Supp.2d 378) (August 31, 1998) (Judge Jan E. Dubois)

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

Filed under: Punch And Jurists, Damages - Punitive

Garner v. Meoli, No. Civ.A. 96-1351 (E.D.Pa.) (19 F.Supp.2d 378) (August 31, 1998) (Judge Jan E. Dubois) by This is a rare case in which the Court refused to vacate a jury award of punitive damages, in the amounts of $500,000 and $250,000, against two police officers for using excessive …