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U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Pre-Indictment Delay
U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo) by This is an important and instructive decision dealing with the prevailing legal standards that govern claims of Constitutional violations arising out of lengthy pre-indictment delays. In this case, the defendant was indicted …
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, Search and Seizure
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 condition that defendant was subject to warrantless search by probabtion officer to detect presence of alcohol.
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
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 United States v. Germosen, 139 F.3d 120 (2nd Cir. 1998) (Judge Winter) United States v. Paccione, 992 F.Supp. 335 (S.D.N.Y. 1998) (Judge Motley) Using the pragmatic philosophy that the end …
U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Delays in Prosecution of Case
U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway) by Case held that unexplained delay of 64 days between defendant's arrival in district and first appearance before judge was unnecessary delay that required dismissal of indictment with prejudice.
MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Sanctions, Punch And Jurists
MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter) by Here the Second Circuit approved the imposition of sanctions on counsel as both "warranted" and not excessive.
Scott v. Albury, No. 96-2943, No. 1049 (2nd Cir.) (138 F.3d 474) (March 9, 1998) (Per Curiam)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
Scott v. Albury, No. 96-2943, No. 1049 (2nd Cir.) (138 F.3d 474) (March 9, 1998) (Per Curiam) by Case held that in condicting a Sandin analysis to determine whether a disciplinary sentence imposed an atypical and significant hardship, the court must consider the degree and duration of the sentence actually …
U.S. v. Forman, No. 96-CR-80978 (E.D.Mich.) (990 F.Supp. 875) (December 30, 1997) (Judge Gerald E. Rosen)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists
U.S. v. Forman, No. 96-CR-80978 (E.D.Mich.) (990 F.Supp. 875) (December 30, 1997) (Judge Gerald E. Rosen) by This double jeopardy case is particularly noteworthy because it re-opens a controversial issue that most people had assumed had been foreclosed ever since the Supreme Court's decision in U.S. v. Dixon, 509 U.S. …
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, Sentences - Length/Severity 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 upheld six year term of supervised release.
MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Judicial Hostility
MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter) by Here the Court noted that: "Appellants correctly note that Judge Chin did express negative concerns about the merits of MacDraw's case and the conduct of appellants in …
U.S. v. Burgos, No. 97-10163 (5th Cir.) (137 F.3d 841) (March 19, 1998) (Per Curiam)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Burgos, No. 97-10163 (5th Cir.) (137 F.3d 841) (March 19, 1998) (Per Curiam) by Case held that application of vulnerable victim Guideline as it existed at the time defednant was sentenced did not violate the ex post facto clause.
U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Fencing Enhancement
U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB …
U.S. v. Michigan, No. 1:84 CV 63 (W.D.Mich.) (989 F.Supp. 853) (July 3, 1996) (Judge Richard A. Enslen)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
U.S. v. Michigan, No. 1:84 CV 63 (W.D.Mich.) (989 F.Supp. 853) (July 3, 1996) (Judge Richard A. Enslen) by Here Judge Enslen held that the immediate termination provisions of the PLRA violated both the separation of powers doctrine and the Due Process Clause. Taylor v. United States, Docket No. 97-16069 …
U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell) by Here the Court addressed the criteria for the third-one-level sentence reduction under USSG § 3E1.1(b)(2) and held that the Guidelines do not do not force a defendant to forgo the filing of …
U.S. v. Carnes, No. 97-80053 (E.D.Mich.) (987 F.Supp. 551) (December 8, 1997) (Judge Gerald E. Rosen)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Carnes, No. 97-80053 (E.D.Mich.) (987 F.Supp. 551) (December 8, 1997) (Judge Gerald E. Rosen) by Here the Court held that, under applicable Michigan law, parole officers had the authority to conduct a warrantless search of the residence occupied by the parolee and that such searches need only be …
U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse) by In this case the Court discussed the element of willfulness in an obstruction of justice charge and concluded that in some cases the conduct in question may be "so inherently obstructive of …
U.S. v. Michigan, No. 1:84 CV 63 (W.D.Mich.) (989 F.Supp. 853) (July 3, 1996) (Judge Richard A. Enslen)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Consent Decrees - Termination of
U.S. v. Michigan, No. 1:84 CV 63 (W.D.Mich.) (989 F.Supp. 853) (July 3, 1996) (Judge Richard A. Enslen) by Here Judge Enslen held that the immediate termination provisions of the PLRA violated both the separation of powers doctrine and the Due Process Clause. Taylor v. United States, Docket No. 97-16069 …
U.S. v. Cho, No. 97-20479 (5th Cir.) (136 F.3d 982) (March 5, 1998) (Judge John M. Jr. Duhé)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Cho, No. 97-20479 (5th Cir.) (136 F.3d 982) (March 5, 1998) (Judge John M. Jr. Duhé) by In this case the Court approved of the use of the "retail value" of the counterfeited items in applying the loss calculations applicable to the defendant and in enhancing the defendant's …
U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Stipulations
U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by United States v. Harris, 137 F.3d 1058 (8th Cir. 1998) (Judge Beam) United States v. Crowder, Docket No. 92-3133 (D.C.Cir. May 1, 1998) (En Banc) (Judge Randolph) Both of these decisions reflect …
U.S. v. Raynor, No. CR 97-0186 PLF (D.D.C.) (989 F.Supp. 43) (December 29, 1997) (Judge Paul L. Friedman)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists
U.S. v. Raynor, No. CR 97-0186 PLF (D.D.C.) (989 F.Supp. 43) (December 29, 1997) (Judge Paul L. Friedman) by This is a significant and well-written decision in which the Court held that waiver of right to appeal a sentence yet to be imposed can never be knowing and voluntary; and …
U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Right to Testify/Remain Silent
U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter) by The defendant in this case was a former INS agent who was convicted of bribery and the sale of false "green cards." One of his challenges to his sentence was that the …
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