Search | Punch and Jurists

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by Citing U.S. v. Belt, 89 F.3d 710 (10th Cir, 1996), the Eight Circuit rejected a downward departure in this case and held that susceptibility to abuse in prison justifies downward departures only …

U.S. v. Perez, No. 94-10313 (9th Cir.) (129 F.3d 1340) (December 8, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Perez, No. 94-10313 (9th Cir.) (129 F.3d 1340) (December 8, 1997) (Per Curiam) by

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler) by Here the Court held that a Type C plea agreement "once accepted, binds the district court notwithstanding departures from the applicable guidelines." (Id., at 11340).

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes)

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

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

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes) by In this case, the Eleventh Circuit held the Eleventh Circuit held that an enhancement for the abuse of the position of trust could be justified only if the abuse was connected to …

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by This decision by Judge Gertner is one of her typical gems which focused on the defense of immunity in civil rights actions and presents a detailed and critical analysis of Albright v. …

Sealed Appellant v. Sealed Appellee, No. 97-30160 (5th Cir.) (130 F.3d 695) (December 4, 1997) (Judge Jerry E. Smith)

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Filed under: Punch And Jurists

Sealed Appellant v. Sealed Appellee, No. 97-30160 (5th Cir.) (130 F.3d 695) (December 4, 1997) (Judge Jerry E. Smith) by Quote from Ayn Rand's novel "Atlas Shrugged" in which she decsribed a brave and eerie world in which the Government needs more and more criminals to maintain its power over …

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Case rejected argument that an indeterminate sentence, on which the defendant served less than five years in prison, qualified to remove the 16 level enhancement contained in U.S.S.G. § 2L1.2(b)(2).

Sealed Appellant v. Sealed Appellee, No. 97-30160 (5th Cir.) (130 F.3d 695) (December 4, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Expungement/Removal

Sealed Appellant v. Sealed Appellee, No. 97-30160 (5th Cir.) (130 F.3d 695) (December 4, 1997) (Judge Jerry E. Smith) by This is one of those nonsensical cases that gives credence to the chilling speculation of author/philosopher Ayn Rand that high up on the Government's political agenda is the maintenance of …

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton)

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

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

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton) by In this case, the defendant Knobloch pled guilty to three counts charging him with conspiracy to distribute marijuana, distribution of anabolic steroids to an individual named Davis, and using and carrying a …

Belflower v. U.S., No. 95-8142 (11th Cir.) (129 F.3d 1459) (December 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

Belflower v. U.S., No. 95-8142 (11th Cir.) (129 F.3d 1459) (December 3, 1997) (Per Curiam) by Case rejected a challenge to arson conviction based on failure to prove a sufficient nexus to interstate commerce.

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson) by In this case the Court examined, and rejected, a series of arguments made by a defendant who sought a downward sentencing departure based on his severe drug dependence. Although U.S.S.G. § …

U.S. v. Moore, No. 96-5852 (6th Cir.) (131 F.3d 595) (December 11, 1997) (Judge Karen Nelson Moore)

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Filed under: Punch And Jurists

U.S. v. Moore, No. 96-5852 (6th Cir.) (131 F.3d 595) (December 11, 1997) (Judge Karen Nelson Moore) by Case held that "a general remand allows the district court to resentence the defendant de novo, which means that the district court may redo the entire sentencing process including considering new evidence …

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam)

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Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam) by QUOTE OF THE WEEK - Is any sentence of 2,581 months in Federal prison ever justified - or does the Government just need such sentences for propaganda purposes as a means of justifying its …

Stiver v. Meko, No. 96-3400 (3rd Cir.) (130 F.3d 574) (November 28, 1997) (Judge Timothy K. Lewis)

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

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

Stiver v. Meko, No. 96-3400 (3rd Cir.) (130 F.3d 574) (November 28, 1997) (Judge Timothy K. Lewis) by Here the Court rejected the petitioner's claim that the BOP regulation (28 CRF § 550.58) governing admission to the drug treatment program was not in conflict with the enabling statute (18 USC …

U.S. v. Santiago-Becerril, No. 96-1937 (1st Cir.) (130 F.3d 11) (November 20, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Santiago-Becerril, No. 96-1937 (1st Cir.) (130 F.3d 11) (November 20, 1997) (Judge Levin H. Campbell) by

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Credits

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Here the Court held that sentencing credit "is granted by the Attorney General through the Bureau of Prisons after a defendant is sentenced" and although the defendant may, after exhausting …

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by Here the Court held that a prosecutor's statements during closing arguments in the sentencing phase of a capital murder trial referring to defendant's failure to show remorse did not violate the Fifth …

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by Here the Court rejected the defendant's claim that a court has the inherent power to grant "judicial immunity" to immunize witnesses whose exculpatory testimony is deemed essential to an effective defense.

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe) by This case is noted for its discussion of the "same elements test" and its statement that "the assumption underlying the Blockburger rule is that Congress ordinarily does not intend to punish the …