Search | Punch and Jurists

Rickman v. Bell, No. 94-5721 (6th Cir.) (131 F.3d 1150) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Rickman v. Bell, No. 94-5721 (6th Cir.) (131 F.3d 1150) (December 2, 1997) (Judge James L. Ryan) by Two weeks ago we noted a case, Groseclose v. Bell, 130 F.3d 1161 (6th Cir. 1997), in which the Sixth Circuit vacated a 20-year old murder conviction on the grounds that the …

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Clean Water Act, Punch And Jurists

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer) by If the Hobbs Act doesn’t raise any concerns about the inexorable expansion of Federal intervention into our daily lives, perhaps this case will. The defendant was a land developer with more than …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by The defendant in this case was convicted of unlawful reentry into the United States after a previous felony conviction and deportation; and the Government wanted to impose the full 16-level enhancement called for …

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner) by Court held that a denial of relevant conduct in this case was not sufficient to warrant a denial of the acceptance of responsibility sentence reduction. In this case, the Court vacated a …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by Some comments on the evils of the growing trend of using unpublished decisions by the courts. SPECIAL COMENTARY “It’s my game, my field, my rules and I’m the referee!” We have …

U.S. v. Pierce, No. 97-1474 (8th Cir.) (132 F.3d 1207) (December 24, 1997) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists

U.S. v. Pierce, No. 97-1474 (8th Cir.) (132 F.3d 1207) (December 24, 1997) (Judge Gerald W. Heaney) by United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein) United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney) Both of these decisions are destined to make a …

U.S. v. Wolny, No. 96-4169 (10th Cir.) (133 F.3d 758) (January 6, 1998) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Judicial Notice of Adjudicative Facts

U.S. v. Wolny, No. 96-4169 (10th Cir.) (133 F.3d 758) (January 6, 1998) (Judge Robert H. Henry) by In this case the defendant was convicted of attempted money laundering in violation of 18 U.S.C. § 1956(a)(3)(B). On appeal, one of the issues raised was that the district court had erred …

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Prison Conditions

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton) These three …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

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

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

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Here the Court followed the lead of the Second, Eighth, Ninth and Tenth Circuits and held that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed …

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum) by In this case a large number of drug sales were at issue, there was evidence befoire the court about the typical purity of the drug in question, and a sample of six …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are listed as …

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Benefits received

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As …

Lucas v. Johnson, No. 96-10389 (5th Cir.) (132 F.3d 1069) (January 9, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Lucas v. Johnson, No. 96-10389 (5th Cir.) (132 F.3d 1069) (January 9, 1998) (Judge E. Grady Jolly) by Here the Court held that claims of actual innocence based on newly discovered evidence are not sufficient for habeas proceedings absent an independent constitutional violation occurring in the underlying state criminal proceeding. …

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez) by Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez) Each of these cases explores …

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, Education and Vocational Skills/Training

U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg) by In this case, the defendant, who was caught in an Internet ponography sting operation, was sentenced to probation by the district court (Judge Ortrie), who reasoned that there were mitigation circumstances of …

Woods v. Gamel, No. 96-7171 (11th Cir.) (132 F.3d 1417) (January 14, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Immunity - Judicial

Woods v. Gamel, No. 96-7171 (11th Cir.) (132 F.3d 1417) (January 14, 1998) (Judge James Larry Edmondson) by A corollary of this country’s race to incarcerate as many people as possible can be seen from this little gem from Alabama - the State that recently re-instituted the use of chain …

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner) by This important holding affirms the principle that for conduct to be deemed "relevant conduct" under § 1B1.3 it must be "part either of the same course of conduct as the charged offense …

U.S. v. Bozza, No. 96-9293 (11th Cir.) (132 F.3d 659) (January 8, 1998) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Commission of Offenses While on Release

U.S. v. Bozza, No. 96-9293 (11th Cir.) (132 F.3d 659) (January 8, 1998) (Judge Joseph Woodrow Hatchett) by This case deals with the notification provisions of U.S.S.G. § 2J1.7, which requires the sentencing court to give the defendant “sufficient notice” before the court may enhance the defendant’s sentence for a …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are listed as …

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour) by This case is noted because the Tenth Circuit vacated the defendant's sentence on two grounds. First, it held that the district court had erred by improperly attributing to the defendant acts of …