Search | Punch and Jurists

U.S. v. Alviso, No. 97-10100 (9th Cir.) (152 F.3d 1195) (August 26, 1998) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Judgment - Modification of

U.S. v. Alviso, No. 97-10100 (9th Cir.) (152 F.3d 1195) (August 26, 1998) (Judge Susan P. Graber) by Here, based on the Supreme Court's decision in Almendarez-Torres v. U.S., 523 U.S. 224 (1998), the Court vacated a conviction under 8 U.S.C. § 1326(b) where the defendant was convicted of separate …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Credits

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by Case held that when a defendant's prison sentence is reduced below time already served, the obvious purpose of leniency requires that his term of supervised release should commence on the date he …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Punishment

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by This is another case that deals with the Circuit split that has developed about whether a district court may reduce a defendant's term of supervised release to reflect time served in prison …

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina) by This case is noted for two reasons. First, it emphasizes one of the great legal fictions that has developed in the field of criminal law since the advent of the Federal Sentencing …

U.S. v. O'Dell, No. 96-6733 (6th Cir.) (154 F.3d 358) (August 31, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. O'Dell, No. 96-6733 (6th Cir.) (154 F.3d 358) (August 31, 1998) (Judge Cornelia G. Kennedy) by Here the Court held that the Speedy Trial Act requires that a non guilty plea be entered in order to begin the running of the speedy trial clock, and thus the time …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams) by Here the Court held that a provision of the Gun Control Act which prohibited states from providing guns to police officers with misdemeanor convictions - but not felony convictions …

U.S. v. DeZarn, No. 97-5156 (6th Cir.) (157 F.3d 1042) (October 14, 1998) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. DeZarn, No. 97-5156 (6th Cir.) (157 F.3d 1042) (October 14, 1998) (Judge Gerald E. Rosen) by This is a case that might cause some concern to President Clinton and his spin-doctors. The precise issue addressed by the Court was "whether a person may be found guilty of perjury …

U.S. v. Gotti, No. 98-1159 (2nd Cir.) (155 F.3d 144) (September 8, 1998) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists

U.S. v. Gotti, No. 98-1159 (2nd Cir.) (155 F.3d 144) (September 8, 1998) (Judge Rosemary S. Pooler) by Joining a majority of the Circuits, the 2nd Circuit holds that 18 USC § 1963(d)(1)(A) does not authorize the pretrial restrant of substitute assets - affirming decision reported at 996 F.Supp. 321 …

U.S. v. Siegel, No. 97-4461 (11th Cir.) (153 F.3d 1256) (September 4, 1998) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Siegel, No. 97-4461 (11th Cir.) (153 F.3d 1256) (September 4, 1998) (Judge Arthur L. Alarcon) by Here the Court relied heavily on its earlier ruling in U.S. v. Remillong, 55 F.3d 572, 574 (11th Cir. 1995), and noted both that the defendant's presentence report had suggested that the …

U.S. v. Nolan-Cooper, No. 97-1171 (3rd Cir.) (155 F.3d 221) (September 2, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Nolan-Cooper, No. 97-1171 (3rd Cir.) (155 F.3d 221) (September 2, 1998) (Judge Edward R. Becker) by The Court stated: "For a departure based on a factor unmentioned in the Guidelines (such as improper investigatory techniques) to be permitted, however, it must comply with U.S.S.G. § 5K2.0. Under that …

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Cain, No. 97-2991 (7th Cir.) (155 F.3d 840) (August 12, 1998) (Judge Ilana Diamond Rovner) by In holding that the defendant had failed to preserve his rights to contest the denial of a suppression motion when he entered into an uncondictional guilty plea, the Court stated: "The Federal …

Campbell v. Arkansas Dept. of Correction, No. 98-1161 (8th Cir.) (155 F.3d 950) (August 28, 1998) (Judge Diana E. Murphy)

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

Filed under: First Amendment, Punch And Jurists

Campbell v. Arkansas Dept. of Correction, No. 98-1161 (8th Cir.) (155 F.3d 950) (August 28, 1998) (Judge Diana E. Murphy) by This is one of those sadly amusing cases in which a prison warden sued the Arkansas Department of Corrections and several of its officers for damages - and won. …

Illinois v. Allen, No. 606 (U.S. Supreme Court) (397 U.S. 337; 90 S.Ct. 1057) (March 31, 1970) (Justice Black)

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

Filed under: Punch And Jurists, Restraint of Defendant

Illinois v. Allen, No. 606 (U.S. Supreme Court) (397 U.S. 337; 90 S.Ct. 1057) (March 31, 1970) (Justice Black) by In the Supreme Court's leading case on the use of shackles, the Court wrote that "no person should be tried while shackled and gagged except as a last resort" because …

Jones v. Baker, No. 97-3406 (6th Cir.) (155 F.3d 810) (September 15, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

Jones v. Baker, No. 97-3406 (6th Cir.) (155 F.3d 810) (September 15, 1998) (Judge Gilbert S. Merritt) by Court held that a two year stay in segregation while a prisoner was being investigated for his role in a prison riot did not constitute an "atypical and significant hardship" entitling him …

U.S. v. Revis, No. 97-CR-163-H (N.D.Okla.) (22 F.Supp.2d 1242) (October 8, 1998) (Judge Sven Erik Holmes)

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

Filed under: Punch And Jurists

U.S. v. Revis, No. 97-CR-163-H (N.D.Okla.) (22 F.Supp.2d 1242) (October 8, 1998) (Judge Sven Erik Holmes) by As the countdown begins for oral arguments in the Tenth Circuit's en banc review of the provocative panel decision in U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998), defendants all over the …

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel) by This case involves the conviction and sentencing of Timothy McVeigh for his role in the bombing of the Murrah Federal Building in Oklahoma City, in 1995. As can be expected, defense counsel …

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel) by This case involves the conviction and sentencing of Timothy McVeigh for his role in the bombing of the Murrah Federal Building in Oklahoma City, in 1995. As can be expected, defense counsel …

U.S. v. Huguenin, No. 97-5152 (6th Cir.) (154 F.3d 547) (October 19, 1997) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Huguenin, No. 97-5152 (6th Cir.) (154 F.3d 547) (October 19, 1997) (Judge Leroy J. Jr. Contie) by Except for the outcome, this case and the Hurston case referred to below might well have been titillating chapters in law enforcement's annual best seller: "Fifty ways to get your man …

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood) by In this case, a witness offering information on the defendant's relevant conduct first stated in a proffer that he gave the defendant 50 pounds of methamphetamine; he then testified at trial that …

U.S. v. Peters, No. 97-2634 (7th Cir.) (153 F.3d 445) (August 17, 1998) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Peters, No. 97-2634 (7th Cir.) (153 F.3d 445) (August 17, 1998) (Judge Kenneth F. Ripple) by In its decision the Court did emphasize that a "consensual search is unreasonable under the Fourth Amendment or violative of due process under the Fifth Amendment if the consent was induced by …