Search | Punch and Jurists

U.S. v. Drew, No. 4:97cv146 (E.D.Va.) (2 F.Supp.2d 781) (March 20, 1998) (Judge Rebecca Beach Smith)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Drew, No. 4:97cv146 (E.D.Va.) (2 F.Supp.2d 781) (March 20, 1998) (Judge Rebecca Beach Smith) by This case is noted for its holding that "A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing." (Id., at 783). While the Court acknowledged …

U.S. v. Gaitan-Acevedo, No. 95-1616 (6th Cir.) (148 F.3d 577) (May 12, 1998) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists

U.S. v. Gaitan-Acevedo, No. 95-1616 (6th Cir.) (148 F.3d 577) (May 12, 1998) (Judge Damon J. Keith) by Joining six other Circuits, the Court held that the "indicment or waiver" phrase contained in 21 USC § 851(a)(2) refers to the federal offense for which the mandatory sentence is imposed.

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour) by Case held that the district court's failure to inform the defendant of the elements of the charges against her and the possible penalties during the plea colloquy rendered the plea involuntary, and …

U.S. v. Stanphill, No. 97-1450 (10th Cir.) (146 F.3d 1221) (June 22, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Stanphill, No. 97-1450 (10th Cir.) (146 F.3d 1221) (June 22, 1998) (Judge Bobby R. Baldock) by Court rejected the defendant's claim that probation officer's earlier permission to travel outside the judicial district constituted a modification of his conditions of supervised release, requiring a hearing before that condition could …

Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore)

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

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

Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that the PLRA's new limitations on attorney's fees do not apply to cases that were pending prior to the enactment of the PLRA, disagreeing with Alexander S. …

U.S. v. Mathurin, No. 97-1041(L) (2nd Cir.) (148 F.3d 68) (June 3, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Mathurin, No. 97-1041(L) (2nd Cir.) (148 F.3d 68) (June 3, 1998) (Per Curiam) by The sole issue presented in this case was whether a defendant's sworn affidavit stating that he was not given any Miranda warnings and that he never waived his right to counsel was sufficiently factual …

O'Brien v. Dubois, No. 97-1979 (1st Cir.) (145 F.3d 16) (May 26, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Plain Error

O'Brien v. Dubois, No. 97-1979 (1st Cir.) (145 F.3d 16) (May 26, 1998) (Judge Bruce M. Selya) by The Court held that AEDPA does not require uniform deference to state court decisions but "restricts the armamentarium of legal rules available to a federal habeas court in evaluating a state court …

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by Here, citing a portion of the legislative history of § 3583(h), the Court held that the imposition of a 2nd term of supervised release violates the Ex Post Facto Clause when the …

U.S. v. Lopez-Sandoval, No. 97-30167 (9th Cir.) (146 F.3d 712) (June 15, 1998) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Lopez-Sandoval, No. 97-30167 (9th Cir.) (146 F.3d 712) (June 15, 1998) (Judge Harry Pregerson) by Case held that the § 2D1.1(b)(1) enhancement for possessing a firearm applies unless it is "clearly improbable" that the weapon was connected with the offense.

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin) by The Court noted that: "Historically, the requirement that admissible confessions be 'voluntary' reflected a variety of value; these included deterring coercion, assuring reliability of confessions, and protecting the suspect's free choice whether to …

U.S. v. Dubose, No. 96-30369 (9th Cir.) (146 F.3d 1141) (June 26, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Dubose, No. 96-30369 (9th Cir.) (146 F.3d 1141) (June 26, 1998) (Judge Michael Daly Hawkins) by Case is noted for its description of the sweeping nature of the Mandatory Victims Restitution Act; as well as for its rejection of numerous constitutional challenges to the validity of that statute. …

U.S. v. Brannon, No. 97-10378 (9th Cir.) (146 F.3d 1194) (July 21, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Breathalyzer Tests

U.S. v. Brannon, No. 97-10378 (9th Cir.) (146 F.3d 1194) (July 21, 1998) (Judge John T. Jr. Noonan) by Over the dissent of Judge Wallach, the Court held that the results of an uncompleted breathalyzer test was admissible.

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey) by In this case the Seventh Circuit held that the sentencing court (Judge Holderman) went beyond the parameters of 18 U.S.C. § 3583(d) by ordering, as a condition of supervised release, that the …

McClary v. Kelly, No. 90-CV-0501A (W.D.N.Y.) (4 F.Supp.2d 195) (April 30, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists

McClary v. Kelly, No. 90-CV-0501A (W.D.N.Y.) (4 F.Supp.2d 195) (April 30, 1998) (Judge Magistrate) by Here a prisoner brought a § 1983 action against prison officials based on continual confinement in a segregated housing unit (SHU) that lasted in excess of four years and occurred in three different prison facilities. …

U.S. v. Grewal, No. 96-751 (D.N.J.) (2 F.Supp.2d 612) (April 14, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Grewal, No. 96-751 (D.N.J.) (2 F.Supp.2d 612) (April 14, 1998) (Judge Stephen M. Orlofsky) by Court held that a departure under § 5K2.11 is typically inappropriate where the defendant could have pursued other means of avoiding the greater harm rather than committing a crime. Court denied a sentence …

U.S. v. Leon, No. 97-568 (D.N.J.) (2 F.Supp.2d 592) (April 7, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists

U.S. v. Leon, No. 97-568 (D.N.J.) (2 F.Supp.2d 592) (April 7, 1998) (Judge Stephen M. Orlofsky) by Court declined to grant downward departure based on extraordinary restitution due to payments made pursuant to civil lawsuit, since the touchstone of a departure for extraordinary restitution is voluntariness, which was not present …

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby) by Here the Tenth Circuit approved enforcement of a waiver-of-appeal provision in a plea agreement that did not specify a sentence or a range of sentences without discussing the significance of that omission. In …

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss) by Following his appeal which led to the Supreme Court's decision in Hughey v. U.S., 495 U.S. 411 (1990), the same defendant again engaged in criminal activities which led to this appeal. …

U.S. v. Guapi, No. 97-6289 (11th Cir.) (144 F.3d 1393) (June 29, 1998) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Consent

U.S. v. Guapi, No. 97-6289 (11th Cir.) (144 F.3d 1393) (June 29, 1998) (Judge Paul H. Roney) by Case held that although the defendant consented to a search on a Greyhound bus, the search was invaild because the circumstances under which the consent was obtained made it involuntary and coerced. …

U.S. v. Espy, No. 98-3001 (D.C. Cir.) (145 F.3d 1369) (June 16, 1998) (Judge Laurence H. Silberman)

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

Filed under: Punch And Jurists

U.S. v. Espy, No. 98-3001 (D.C. Cir.) (145 F.3d 1369) (June 16, 1998) (Judge Laurence H. Silberman) by Case is noted for its discussion of the term "ejusdem generis" which the Court said "limits the general term as referring only to items of the same category" and which requires some …