Search | Punch and Jurists

Jacks v. Crabtree, No. 97-35029 (9th Cir.) (114 F.3d 983) (June 11, 1997) (Judge Alex Kozinski)

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

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

Jacks v. Crabtree, No. 97-35029 (9th Cir.) (114 F.3d 983) (June 11, 1997) (Judge Alex Kozinski) by Case affirmed authority of BOP to adopt regulations denying any sentence reduction to prisoners who complete a drug program if theu have committed a violant offense.

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …

U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen) by This case reviews an important factor that must be considered by the courts when a defendant makes a motion for a sentence reduction after the Sentencing Commission has subsequently lowered the penalties …

U.S. v. Guimond, No. 95-6207 (6th Cir.) (116 F.3d 166) (June 17, 1997) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Consent

U.S. v. Guimond, No. 95-6207 (6th Cir.) (116 F.3d 166) (June 17, 1997) (Judge Allen E. Norris) by United States v. Howard, 115 F.3d 1151 (4th Cir. 1997) (Judge Wilkinson) United States v. Guimond, 116 F.3d 166 (6th Cir. 1997) (Judge Norris) According to the latest Government statistics, during 1995 …

Rodriguez v. Weprin, No. 95-2416, No. 15 (2nd Cir.) (116 F.3d 62) (June 19, 1997) (Judge J. Garvin Murtha)

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

Filed under: Punch And Jurists

Rodriguez v. Weprin, No. 95-2416, No. 15 (2nd Cir.) (116 F.3d 62) (June 19, 1997) (Judge J. Garvin Murtha) by QUOTE OF THE WEEK - The evils of lengthy judicial delays in criminal proceedings. "Delay haunts the administration of justice. It postpones the rectification of wrong and the vindication of …

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (115 F.3d 1068) (May 13, 1997) (Judge Pierre N. Leval)

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

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

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (115 F.3d 1068) (May 13, 1997) (Judge Pierre N. Leval) by Case held that probation condition requiring probationer to attend AAA meetings would violate the First Amendment's Establishment Clause.

U.S. v. Wright, No. 8:96CR-145 (D.Neb.) (965 F.Supp. 1307) (May 2, 1997) (Judge Thomas M. Shanahan)

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

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Wright, No. 8:96CR-145 (D.Neb.) (965 F.Supp. 1307) (May 2, 1997) (Judge Thomas M. Shanahan) by In this case, Judge Shanahan dismissed an indictment that was based on one of the recently enacted provisions of the Violence Against Women Act (VAWA) on the grounds that the applicable statute was …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

U.S. v. Reed, No. 96-3171 (10th Cir.) (114 F.3d 1067) (June 2, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Reed, No. 96-3171 (10th Cir.) (114 F.3d 1067) (June 2, 1997) (Judge William J. Jr. Holloway) by The United States sought review of the dismissal, by the United States District Court, District of Kansas, of five counts of an indictment against defendant under 18 U.S.C.S. § 922(g), on …

U.S. v. Brumley, No. 94-40560 (5th Cir.) (116 F.3d 728) (June 18, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Brumley, No. 94-40560 (5th Cir.) (116 F.3d 728) (June 18, 1997) (Judge Patrick E. Higginbotham) by Early last year the Seventh Circuit issued one of the most devastating critiques we have ever read about the manner in which Congress passes some legislation. In U.S. v. Brumley, 79 F.3d …

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by This decision is noted for Judge Evans's dissent in which he forcefully argued that, despite the goal of the Guidelines to eliminate sentencing disparities, we could not have more diaparities than we have today. …

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by The rumblings of discontentment from the courts! Just as the Attorney General and her minions have finally concluded that the 100 to 1 sentencing disparity between crack and powdered cocaine might be a tad …

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by QUOTE OF THE WEEK - The myth of sentencing uniformity under the Guidelines. "One of the guidelines' selling points was that they would eliminate disparity in sentencing. But if you blindfolded a judge, spun …

Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim)

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

Filed under: Punch And Jurists, Damages - Punitive

Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim) by Rare case which affirmed verdict against prison officials and punitive damage award for use of excessive force against inmate.

U.S. v. Howard, No. 96-4675 (4th Cir.) (115 F.3d 1151) (June 13, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Howard, No. 96-4675 (4th Cir.) (115 F.3d 1151) (June 13, 1997) (Judge J. Harvie III Wilkinson) by Case held that a defendant was not "in custody" of federal agents when they met him at aiport, transported him to his probation officer and then interrogated him, so he was …

U.S. v. McFarland, No. 96-3141EM (8th Cir.) (116 F.3d 316) (June 5, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Stalking Horse

U.S. v. McFarland, No. 96-3141EM (8th Cir.) (116 F.3d 316) (June 5, 1997) (Judge George G. Fagg) by At the time the searches in dispute in this case were carried out, the defendant/appellant McFarland was on parole from a California prison, subject to this condition: "You and your residence and …

U.S. v. Morris, No. 96-3070 (D.C. Cir.) (116 F.3d 501) (June 13, 1997) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists

U.S. v. Morris, No. 96-3070 (D.C. Cir.) (116 F.3d 501) (June 13, 1997) (Judge Stephen F. Williams) by

U.S. v. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark) by This is another Guidelines case that raises an issue we haven't seen in a while - namely, whether a defendant is properly sentenced when the court uses the weight of the entire …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by Case held it was reversible error to refuse to admit all of an inclupatory statement by defendant's father, who was a fugitive at the time of trial.

Jeffries v. Wood, No. 95-99003 (9th Cir.) (114 F.3d 1484) (May 12, 1997) (Judge Sidney R. Thomas)

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

Filed under: Retroactivity, Punch And Jurists

Jeffries v. Wood, No. 95-99003 (9th Cir.) (114 F.3d 1484) (May 12, 1997) (Judge Sidney R. Thomas) by Here, majority holds that AEDPA cannot be applied retroactively to actions filed prior to Act's enactment date. Jeffries v. Wood, 114 F.3d 1484 (9th Cir. 1997) (En Banc) (Judge Thomas) In Re …