Search | Punch and Jurists

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone) by Court held that when the defendant contends that he lacked both the intent and the ability to produce a certain quantity of drugs, "negotiations ordinarily constitute reliable admissions as to …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Strickland Standard

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by This is an astonishing case that reflects a deep and disturbing division among the judges about the role the courts should play in seeking to achieve justice in criminal cases. It is …

Mojica v. Reno, No. CV 97-1085(JBW) (E.D.N.Y.) (970 F.Supp. 130) (July 11, 1997) (Judge Jack B. Weinstein)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

Mojica v. Reno, No. CV 97-1085(JBW) (E.D.N.Y.) (970 F.Supp. 130) (July 11, 1997) (Judge Jack B. Weinstein) by On September 30, 1996, President Clinton signed into law the ignominious Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), now codified at 8 U.S.C. § 1252(g). With little fanfare and almost no …

Doby v. Hickerson, No. 96-2848 (8th Cir.) (120 F.3d 111) (July 14, 1997) (Judge C. Arlen Beam)

Article • September 1, 1997 • from P&J September, 1997

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

Doby v. Hickerson, No. 96-2848 (8th Cir.) (120 F.3d 111) (July 14, 1997) (Judge C. Arlen Beam) by Court affirmed a damage award to a prisoner to whom antipsychotic drugs were administered and affirmed that prison doctors were not entitled to the defense of qualified immunity. Citing Washington v. Harper, …

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Closeness in Time

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple) by The defendant in this case was charged with possession of crack cocaine with intent to distribute. Prior to the commencement of trial, his counsel moved to bar the admission of evidence relating …

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton) by In this case the Court acknowledged that supervised release is "punishment" for purposes of the Ex Post Facto Clause. It wrote: "Supervised release is punishment; it is a deprivation of some portion …

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald) by Case denied Government's motion for summary judgment due to lack of probable cause that property was tied to drugs. In this case, the Government sought summary judgment in a …

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Ends of Justice Continuances

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour) by Here the Tenth Circuit ruled that a continuance granted by the district court violated both the letter and the spirit of the Speedy Trial Act. First it granted the continuance because it …

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam) by United States v. Morey, 120 F.3d 142 (8th Cir. 1997) (Per Curiam) Benson v. United States, 969 F.Supp. 1129 (N.D.Ill. 1997) (Judge Alesia) Both of these cases visit an issue that is destined to …

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by Here the Court rejected the defendant's claim that consideration of conduct from dismissed counts would seriously undermine the plea bargaining process and threaten the proportionality in sentencing that the Guidelines seek …

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Withdrawal

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill) by Here the Court held that the failure of the district court to explicitly discuss the aiding and abetting theory of liability was unnecessary because such a theory is not an essential …

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple) by In this case, the Court approved a restitution order of $79,000 even though (a) the defendant would be 54 years old when released from prison, had no significant job skills, and was …

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Special Conditions

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple) by Here, the Court rejected a claim that the district court had improperly delegated too much discretion to the Probation Officerto set a schedule for the payment of restitution. The Court did acknowledge …

U.S. v. Balsys, No. 96-6144, No. 504 (2nd Cir.) (119 F.3d 122) (July 15, 1997) (Judge Guido Calabresi)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists

U.S. v. Balsys, No. 96-6144, No. 504 (2nd Cir.) (119 F.3d 122) (July 15, 1997) (Judge Guido Calabresi) by The defendant in this case, a suspected wartime Nazi collaborator, was an 84 year old Lithuanian who had lived in the United States for some 36 years. As part of an …

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell) by Case held that a conspiracy to commit robbery is a "crime of violence" which may serve as a predicate for "using" a gun under the Hobbs Act even though the underlying substantive …

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Conditions of

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by This is one of those sweeping, petulant decisions which deals with a topic that is becoming increasingly important - namely the conditions under which the growing hordes of ex-cons are required to live …

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Conditions of

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by QUOTE OF THE WEEK - Must defendants automatically agree in writing to the imposition of the 13 "standard conditions" of supervised release spelled out in U.S.S.G. § 5B1.4 whether or not they are …

U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Warrants

U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland) by

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Mandamus, Writ of

In Re Stone, No. 97-00013 (5th Cir.) (118 F.3d 1032) (July 18, 1997) (Judge F. A. Jr. Little) by Martin v. Bissonette, 118 F.3d 871 (1st Cir. 1997) (Judge Selya) In Re Stone, 118 F.3d 1032 (5th Cir. 1997) (Judge Little) The courts continue to attempt to decipher the intent …

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)

Article • September 1, 1997 • from P&J September, 1997

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

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court held that police officers were not entotled to qualified immunity with respect to strip searches.