Search | Punch and Jurists

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by One of the issues discussed in this case was how an appellate court should proceed when it determines that a provision in a plea agreement waiving a defendant's right of appeal is …

Cunningham v. Gates, No. CV96-2666 JSL (C.D.Cal.) (989 F.Supp. 1256) (December 15, 1997) (Judge J. Spencer Letts)

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

Filed under: Police Misconduct, Punch And Jurists

Cunningham v. Gates, No. CV96-2666 JSL (C.D.Cal.) (989 F.Supp. 1256) (December 15, 1997) (Judge J. Spencer Letts) by These two summary orders should be required reading for anyone considering civil rights suits for damages based on excessive police brutality; or anyone who doubts that the police sometimes operate above the …

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea.

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf) by In this case the court approved a downward departure based on diminished capacity, pursuant to U.S.S.G. § 5K2.13. The defendant was a young deaf woman with no criminal history who suffered from a …

U.S. v. Madrzyk, No. 97 CR 105 (N.D.Ill.) (990 F.Supp. 1004) (January 12, 1998) (Judge Charles R. Sr. Norgle)

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

Filed under: Punch And Jurists

U.S. v. Madrzyk, No. 97 CR 105 (N.D.Ill.) (990 F.Supp. 1004) (January 12, 1998) (Judge Charles R. Sr. Norgle) by The defendant in this case raised an intriguing issue: were his Fifth Amendment rights against self incrimination violated by the requirements of the Criminal Justice Act (18 U.S.C. § 3006A) …

U.S. v. Cerceda, No. 94-5017 (11th Cir.) (139 F.3d 847) (April 23, 1998) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Cerceda, No. 94-5017 (11th Cir.) (139 F.3d 847) (April 23, 1998) (Per Curiam) by Here the Eleventh Circuit affirmed an order granting new trials and new sentencing hearings in every case presided over by Judge Michael K. Moore who should have recused himself as soon as he was …

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court refused to vacate prohibition on possession and use of alcohol, even through there was no evidence that alcohol was in any way related to …

U.S. v. Ferrara, No. 97-CR-777(DRH) (E.D.N.Y.) (990 F.Supp. 146) (January 9, 1998) (Judge Denis R. Hurley)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Ferrara, No. 97-CR-777(DRH) (E.D.N.Y.) (990 F.Supp. 146) (January 9, 1998) (Judge Denis R. Hurley) by Here the Court stated: "Federalism has not been compromised here. See United States v. Bigler, 907 F.Supp. 401, 402 (S.D.Fla.1995); United States v. Cantor, 897 F.Supp. 110, 113 (S.D.N.Y.1995). The federal government has …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones)

Article • May 1, 1998 • from P&J August, 1999

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones) by This decision is one more indication of the racial overtones behind much of the crack-cocaine prosecution policies of the Government. ATF Special Agent Joseph Secrete decided that the best way to pad …

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists, Judicial Hostility

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur) by How often does one see a decision in which a conviction is reversed because of rank and pervasive judicial hostility? Well, this is one such case; and, although the First Circuit is …

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam) by Case held that when defendant is charged with possession under 21 USC § 844(a), the quantity of drugs was not a mere penalty provision to be decided by the judge since the crime could …

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon) by Case rejected a broad range of challenges to wiretap evidence and held that defendants were not entitled to a Franks hearing on alleged misrepresentations and omissions in the application papers.

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones) by This decision is one more indication of the racial overtones behind much of the crack-cocaine prosecution policies of the Government. ATF Special Agent Joseph Secrete decided that the best way to pad …

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood) by Court adopted a "balancing approach" to determine that a search of one's garbage was proper, even though the garbage was located within his home's curtilage; although a number of judges dissented.

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court refused to vacate prohibition on possession and use of alcohol, even through there was no evidence that alcohol was in any way related to …

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Case held that willfully violating Rule 10b-5 does not require that the defendant knew his acts were in violation of that Rule.

U.S. v. Smith, No. CRIM. A. 94-524 (D.N.J.) (992 F.Supp. 743) (February 4, 1998) (Judge Nicholas H. Politan)

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

Filed under: Punch And Jurists, Grand Jury - Secrecy Rule

U.S. v. Smith, No. CRIM. A. 94-524 (D.N.J.) (992 F.Supp. 743) (February 4, 1998) (Judge Nicholas H. Politan) by The fur really flew in this case; and the battle is still not over. The setting for this decision was a motion by two defendants, an intervening corporation and an intervening …

Cunningham v. Gates, No. CV96-2666 JSL (C.D.Cal.) (989 F.Supp. 1262) (December 16, 1997) (Judge J. Spencer Letts)

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

Filed under: Police Misconduct, Punch And Jurists

Cunningham v. Gates, No. CV96-2666 JSL (C.D.Cal.) (989 F.Supp. 1262) (December 16, 1997) (Judge J. Spencer Letts) by Case denied numerous motions for summary judgment on grounds of qualified immunity in a case of chilling police brutality. These two summary orders should be required reading for anyone considering civil rights …

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler) by This decision was issued on the resentencing of the defendant after the Third Circuit vacated the original sentence, in a case reported at 124 F.3d 533, which was reviewed in the Nov. …

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler)

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

Filed under: Punch And Jurists

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler) by Here, on remand, the court approved sentencing departures based both on diminished capacity and extraordinary post-offense rehabilitation. This decision was issued on the resentencing of the defendant after the Third Circuit vacated …