Search | Punch and Jurists

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Deliberate Indifference

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins) by Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. Kralik, 981 F.Supp. 830 (S.D.N.Y. 1997) (Judge Cote) These two cases are noted because they present a current …

U.S. v. Ramunno, No. 97-2132 (7th Cir.) (133 F.3d 476) (January 7, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ramunno, No. 97-2132 (7th Cir.) (133 F.3d 476) (January 7, 1998) (Judge Joel L. Flaum) by This case sheds some light on one frequently misapplied provision of the Guidelines - namely U.S.S.G. § 3C1.1 - a provision which permits the imposition of a two-level sentence enhancement where the …

U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists

U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg) by Here the Court vacated a downward departure that was based in part on the defendant's vulnerability to abuse in prison, reasoning that such a departure was inappropriate based on the defendant's average …

National Rifle Ass'n of America v. McGaw, No. 95-2150 (6th Cir.) (132 F.3d 272) (November 21, 1997) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists

National Rifle Ass'n of America v. McGaw, No. 95-2150 (6th Cir.) (132 F.3d 272) (November 21, 1997) (Judge Leroy J. Jr. Contie) by Here the Court denied a declaratory judgment action to plaintiffs who were seeking to determine whether possession of certain types of guns would violate the law, essentially …

U.S. v. Fiorelli, No. 94-2210 (3rd Cir.) (133 F.3d 218) (January 6, 1998) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fiorelli, No. 94-2210 (3rd Cir.) (133 F.3d 218) (January 6, 1998) (Judge Walter K. Stapleton) by In footnote 3 on page 222 the Court noted the following: Application Note 1 was amended, effective November 1, 1997, to substitute the following for the concluding sentence [which required the Government …

U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin)

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

Filed under: Excessive Force, Punch And Jurists

U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin) by This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth Amendment. To it, the permissible scope of seizures includes “heart seizures.” A doctor was charged …

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin) by Court rejected a downward departure based on diminished capacity both because the underlying crime was a crime of violence and because the proximate cause of his reduced mental capacity was the result …

Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Prison Conditions

Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they …

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Closeness in Time

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall) by United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer) United States v. Johnson, 132 F.3d 1279 (9th Cir. 1997) (Judge Hall) One of the most persistent and confusing conflicts …

U.S. v. Ronan, No. 97 CR 578 (N.D.Ill.) (981 F.Supp. 1100) (October 15, 1997) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Professional Practice - Outside the Scope of

U.S. v. Ronan, No. 97 CR 578 (N.D.Ill.) (981 F.Supp. 1100) (October 15, 1997) (Judge Elaine E. Bucklo) by Here, the Court rejected a claim that the Indictment was deficient because it failed to allege that the doctor/defendant was acting outside the scope of his professional practice when dispensing drugs; …

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson) by This case is as much about the stubbornness of the independent and much-appealed Judge Fuste as it is about the principal legal issue raised: what constitutes being “in-custody” for purposes of border …

U.S. v. Kennedy, No. 96-2290 (10th Cir.) (131 F.3d 1371) (December 3, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Kennedy, No. 96-2290 (10th Cir.) (131 F.3d 1371) (December 3, 1997) (Judge David M. Ebel) by Case is noted for its holding that probable cause for a search can be based on alerts by trained dogs; and for its listing of cases in accord at page 1378.

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson) by

U.S. v. Garces, No. 97-3073 (D.C. Cir.) (133 F.3d 70) (January 20, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Garces, No. 97-3073 (D.C. Cir.) (133 F.3d 70) (January 20, 1998) (Judge Stephen F. Williams) by Case discussed the meaning of the "immediately apparent" requirement of plain view searches which was raised by the Supreme Court in Coolidge v. New Hampshire, 403 U.S. 443 (1971). This case is …

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Miranda

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King) by Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death …

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch) by United States v. Drinkwine, 133 F.3d 203 (2nd Cir. 1998) (Judge Van Graafeiland) United States v. Garrison, 133 F.3d 831 (11th Cir. 1998) (Judge Birch) Both of these cases deal with …

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists

U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Court held that a statement in the presentence report that the Court "may consider" an upward departure in the fines that could be levied constituted adequate notice of the departure to …

Bush v. Pitzer, No. 97-3024 (7th Cir.) (133 F.3d 455) (December 31, 1997) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Bush v. Pitzer, No. 97-3024 (7th Cir.) (133 F.3d 455) (December 31, 1997) (Judge Frank H. Easterbrook) by Case held that the BOP Program Statement No. 5162.02, which treats certain offenses as "violent" for purposes of disqualifying a prisoner from eligibility under the Drug Treatment Program, was overly broad. However, …