Search | Punch and Jurists

Rodriguez v. Artuz, No. 97 CIV 4694 (SS) (S.D.N.Y.) (990 F.Supp. 275) (January 8, 1998) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists

Rodriguez v. Artuz, No. 97 CIV 4694 (SS) (S.D.N.Y.) (990 F.Supp. 275) (January 8, 1998) (Judge Sonia Sotomayor) by Case held that petition was not filed within a reasonable period after the effective date of the AEDPA and was barred by the one-year statute of limitations and rejected claims that …

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene) by Although the ruling in this case has pretty much been foreclosed by contrary decisions from virtually all the Circuits, this decision is noted because of the strong words with which Judge Harold Greene …

U.S. v. McAleer, No. 97-8047 (10th Cir.) (138 F.3d 852) (March 10, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists

U.S. v. McAleer, No. 97-8047 (10th Cir.) (138 F.3d 852) (March 10, 1998) (Judge Bobby R. Baldock) by The facts in this case were hardly complex; but the decision is important because it dealt with another one of those narrow, theoretical exceptions that the Supreme Court has suggested might exist …

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam) by Despite ruling of Board of Immigration Appeals that the Fleuti doctrine did not extend to Special Agricultural Workers, the court ruled otherwise on the grounds that Congress directed that lawful temporary and permanent residents …

U.S. v. Renteria, No. 96-2139 (10th Cir.) (138 F.3d 1328) (March 16, 1998) (Judge Robert H. McWilliams)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Renteria, No. 96-2139 (10th Cir.) (138 F.3d 1328) (March 16, 1998) (Judge Robert H. McWilliams) by Here the Court held that the district court had erred in sentencing the defendant under § 2J1.3(a) rather than § 2J1.3(c)(1) by concluding that his perjury conviction was not committed "in respect …

U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley) by Case held that there is no Fifth Amendment violation if the sought information adds a minor or negligible amount to the Government's intelligence.

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 Court revisited an "unorthodox" form of appeal waiver provision that some prosecutors have recently been attempting to use and held that the appropriate remedy was to sever the invalid provision from the …

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson) by Case held that alleged unmarketability of mixture containing methamphetamine did not preclude court from including that mixture in the weight of the drugs.

U.S. v. Anderson, No. 96-1653 (1st Cir.) (139 F.3d 291) (March 27, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists

U.S. v. Anderson, No. 96-1653 (1st Cir.) (139 F.3d 291) (March 27, 1998) (Judge Hugh H. Bownes) by Te Court held that "coercion" for purposes of § 2G1.2(b)(1) "must at a minimium involve, conceptually speaking, an impending threat of some negative consequence that will affirmatively befall a person if he …

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle) by Court held that "Rule 404(b) is a rule of inclusion; it allows the court to admit evidence of prior bad acts unless it tends to prove only a defendant's criminal disposition." (Id., …

U.S. v. Martinez, No. 96-6801 (4th Cir.) (139 F.3d 412) (March 19, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

U.S. v. Martinez, No. 96-6801 (4th Cir.) (139 F.3d 412) (March 19, 1998) (Judge J. Harvie III Wilkinson) by Case explored at length the second exception to Teague's general rule that a petitioner is not entitled to attack collaterally a final conviction.

U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom)

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

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

U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom) by Case held (before Supreme Court's decision in Muscarella) that defendant was entitled to a certificate of appealability since Government had failed to establish that defendant had a weapon within reach and therefore …

U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross) by This case notes an interesting limitation on the use of the three-level sentence enhancement referred to in U.S.S.G. § 3B1.1(b) for being a "manager or supervisor" of a criminal activity. The …

U.S. v. Perkins, No. 96-3115 (D.C. Cir.) (138 F.3d 421) (March 20, 1998) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists

U.S. v. Perkins, No. 96-3115 (D.C. Cir.) (138 F.3d 421) (March 20, 1998) (Judge Karen LeCraft Henderson) by Here the Court affirmed that a district court does not have any inherent authority to grant use immunity to a witness absent a request by the U.S. Attorney.

U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox) by Case reversed a drug and gun conviction of a passenger in a car on the grounds that there was no evidence that the passenger ever had ownership, dominion or control over the …

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. This …

U.S. v. Gonzales, No. 96-4204 (10th Cir.) (137 F.3d 1431) (March 4, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Ends of Justice Continuances

U.S. v. Gonzales, No. 96-4204 (10th Cir.) (137 F.3d 1431) (March 4, 1998) (Judge Mary Beck Briscoe) by Case held that the Speedy Trial Act had been violated because an "ends of justice" continuance had been improperly granted. This is a rare case in which the Court held that a …

U.S. v. James, No. 96-3008 (9th Cir.) (139 F.3d 748) (March 24, 1998) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists

U.S. v. James, No. 96-3008 (9th Cir.) (139 F.3d 748) (March 24, 1998) (Judge Andrew J. Kleinfeld) by In this case the Ninth Circuit articulated a three-part inquiry to determine whether a defendant's Sixth Amendment right to confront a witness against her has been violated by the exclusion of evidence. …

U.S. v. Tatum, No. 96-3223 (11th Cir.) (138 F.3d 1344) (April 13, 1998) (Per Curiam)

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

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

U.S. v. Tatum, No. 96-3223 (11th Cir.) (138 F.3d 1344) (April 13, 1998) (Per Curiam) by

U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett) by This is an interesting case dealing with the permissible grounds for denying a defendant a sentence reduction based on a mitigating role in the offense, pursuant to the provisions of U.S.S.G. § …