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U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins) by Here the Court held that there was no violation of Due Process Clause and no violation of Apprendi even though the amount of the tax loss on which the Guideline range …

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman) by United States v. Munoz, 233 F.3d 1117 (9th Cir. 2000) (Judge Tallman) United States v. Meyer. 234 F.3d 319 (7th Cir. 2000) (Judge Rovner) United States v. Ofcky, No. 00-1420, (7th Cir. …

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner) by Here the Court held that there was no due process violation when the sentencing court determined by a mere preponderance of the evidence that the defendant should be sentenced for first degree …

U.S. v. Kinter, No. 99-4621 (4th Cir.) (235 F.3d 192) (December 19, 2000) (Judge Paul V. Niemeyer)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kinter, No. 99-4621 (4th Cir.) (235 F.3d 192) (December 19, 2000) (Judge Paul V. Niemeyer) by Here the Court addressed the tantalizing issue of whether Apprendi entitles a defendant to have a jury decide, by proof beyond a reasonable doubt, every fact that has the real effect of …

U.S. v. Baltas, No. 99-1547 (1st Cir.) (236 F.3d 27) (January 2, 2001) (Judge Salvador E. Casellas)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Baltas, No. 99-1547 (1st Cir.) (236 F.3d 27) (January 2, 2001) (Judge Salvador E. Casellas) by Here the Court held that no Apprendi error occurs when the district court sentences the defendant within the prescribed statutory maximum, even where the jury never determined the drug quantity by proof …

U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon) by This case dealt with the burden of proof required under the Guidelines in light of Apprendi. In a detailed analysis of that issue, the Ninth Circuit concluded that "[w]hile we have recognized …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by This is one of those flim-flam sentencing decisions involving that special brand of “now-you-see-it-now-you-don’t” evidence that exists only at sentencing and only in America. The decision is particularly noted because it helps …

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain) by Here, slightly modifying its previous decision reported at 198 F.3d 745, the Court held that an unchallenged presentence report was sufficient to prove by clear and convincing evidence the facts supporting a …

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright) by The defendant in this case challenged the district court's refusal to grant a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 in two ways. First, he contended that the government's representations--both written …

U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt) by Here the Sixth Circuit vacated a drug sentence based on the Supreme Court's ruling in Apprendi v. New Jersey, and while the facts were particularly harsh, the Court commented that Apprendi made …

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt) by In this case the Ninth Circuit reviewed the Supreme Court’s decision in Williams v. Taylor, 120 S.Ct. 1495 (2000), and held that “clear error” analysis provides the appropriate analytical model for determining …

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby) by Although this appeal involved numerous issues, it is noted for the claims of one defendant that the jury should have determined both the quantity and the type of drugs involved in her crime; …

Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Burden of Proof

Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens) by While the Supreme Court’s decision in Dickerson v. U.S. case received much of the press’ attention, its decision in the instant case (which was decided on the same day) …

U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson) by Here the Ninth Circuit reversed a sentence which was significantly enhanced based on an uncharged (and highly suspect) kidnaping charge, holding that a sentence increase of the magnitude imposed requires proof …

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans) by One of the defendants in this multidefendant drug trafficking case presented a question about whether a provision in the continuing criminal enterprise statute was a mere penalty enhancement or an element of …

U.S. v. Davis, No. 98-4672 (4th Cir.) (202 F.3d 212) (January 6, 2000) (Judge Robert Bruce King)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Explosives

U.S. v. Davis, No. 98-4672 (4th Cir.) (202 F.3d 212) (January 6, 2000) (Judge Robert Bruce King) by The defendant in this case was convicted, inter alia, of violating 18 U.S.C. § 1363, which criminalizes the destruction of certain property, as a result of firing gunshots into an occupied house …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by Rarely does a case express as clearly as this one does the enormous advantages that accrue to the Government through the use of relevant conduct at sentencing. In this case, the defendant …

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter)

Article • January 2, 2000 • from P&J March, 1999

Filed under: Punch And Jurists, Burden of Proof

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by QUOTE OF THE WEEK - Some observations on the consequences of treating factors that drastically affect a sentence as mere sentencing enhancements which need not be proven to a jury …

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson) by Here the Eleventh Circuit held that the district court had erred in granting a judgment of acquittal on three money laundering counts due to the small amount of illegal funds involved, the …

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat) by In its decision, the court noted that, after Bank of Nova Scotia, a court may not, in the absence of racial discrimination in the grand jury pool, dismiss an indictment on …