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U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Special Conditions

U.S. v. Crandon, No. 98-5161 (3rd Cir.) (173 F.3d 122) (March 18, 1999) (Judge Timothy K. Lewis) by This case addressed two issues arising out of America's growing abhorrence with child sexual molestation. First, the Court addressed the issue of whether a 39-year old defendant could be ordered to pay, …

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill) by See also U.S. v. Davis, 151 F.3d 1304, 1307-08 (10th Cir. 1998), U.S. v. Bermudez-Plaza, 221 F.3d 231 (1st Cir. 8/2/00), and U.S. v. Cofield, No. 99-5437 (6th Cir. 11/22/00) - all …

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito) by The Court cited the express language of § 3664(f)(2) which states that the district court "shall specify in the restitution order the manner in which, and the schedule according to which, …

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Delegation of Authority

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple) by The Court also held that BOP decisions to accelerate the defendant's payments of his fine and to count as available resources funds that the inmate received from outside sources were proper. Citing …

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by "Although this court has not previously ruled on the delegation issue, we agree with Merric that the district judge could not empower the probation officer to make a final decision as to the …

U.S. v. Scheer, No. CR 96-0304-01(ADS) (E.D.N.Y.) (30 F.Supp.2d 351) (December 23, 1998) (Judge Arthur D. Spatt)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Scheer, No. CR 96-0304-01(ADS) (E.D.N.Y.) (30 F.Supp.2d 351) (December 23, 1998) (Judge Arthur D. Spatt) by Shortly after the defendant is this case was released from prison, he requested permission from his probation officer to travel to Florida with his wife, “in order to save his precarious marriage.” …

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Special Conditions

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by This case shows some of the short-sighted absurdities of justice in America. The defendant was a homeless and mentally disturbed man who was found incompetent to stand trial. Following a stint in a …

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella) by Court strongly endorsed Judge Barbadoro's decision at 957 F.Supp. 331 where he explained in detail why the PCR method of DNA testing was sufficiently reliable to be admissible in criminal proceedings.

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Fellows, No. 97-30320 (9th Cir.) (157 F.3d 1197) (October 15, 1998) (Judge Charles E. Wiggins) by United States v. Medina, 17 F.Supp.2d 245 (S.D.N.Y. 1998) (Judge Sweet) United States v. Fellows, 157 F.3d 1197 (9th Cir. 1998) (Judge Wiggins) Both of these cases are prime examples of what …

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker) by As the numbers of defendants serving terms of supervised release grows geometrically each year, more and more courts seem to accept routine requests from the Probation Office that special conditions be imposed …

U.S. v. Davis, No. 97-6188 (10th Cir.) (151 F.3d 1304) (August 12, 1998) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Davis, No. 97-6188 (10th Cir.) (151 F.3d 1304) (August 12, 1998) (Judge Paul J. Jr. Kelly) by This case is noted because it is the first Court of Appeals decision that we have seen to discuss whether the Probation Office's practice of initiating revocation proceedings is without statutory …

U.S. v. Stanphill, No. 97-1450 (10th Cir.) (146 F.3d 1221) (June 22, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Stanphill, No. 97-1450 (10th Cir.) (146 F.3d 1221) (June 22, 1998) (Judge Bobby R. Baldock) by Court rejected the defendant's claim that probation officer's earlier permission to travel outside the judicial district constituted a modification of his conditions of supervised release, requiring a hearing before that condition could …

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey) by In this case the Seventh Circuit held that the sentencing court (Judge Holderman) went beyond the parameters of 18 U.S.C. § 3583(d) by ordering, as a condition of supervised release, that the …

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists, Delegation of Authority

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate) by Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (Per Curiam) Mujahid v. Crabtree, 999 F.Supp. 1398 (D.Or. 1998) (Magistrate Judge) United States v. Lopez-Bustamante, 998 F.Supp. 1404 (D.Colo. 1998) (Magistrate Judge) This trio of …

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court refused to vacate prohibition on possession and use of alcohol, even through there was no evidence that alcohol was in any way related to …

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court refused to vacate prohibition on possession and use of alcohol, even through there was no evidence that alcohol was in any way related to …

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter) by Court upheld a special condition of supervised release that the probationer "be subject to search of his person and property by probation.". United States v. Germosen, 139 F.3d 120 (2nd Cir. …

LoFranco v. U.S. Parole Commission, No. 95 CIV 8303 (JES)(EJP) (S.D.N.Y.) (986 F.Supp. 796) (November 26, 1997) (Judge John E. Sprizzo)

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

Filed under: Punch And Jurists, Association - Right of

LoFranco v. U.S. Parole Commission, No. 95 CIV 8303 (JES)(EJP) (S.D.N.Y.) (986 F.Supp. 796) (November 26, 1997) (Judge John E. Sprizzo) by This case is noted because it contains a detailed review of cases upholding - or limiting - the rights of the Parole Commission to impose limitations on the …

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by Court held that DNA evidence based on the PCR method was admissible in criminal proceedings.