Search | Punch and Jurists

Parra v. Perryman, No. 99-1287 (7th Cir.) (172 F.3d 954) (March 24, 1999) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Parra v. Perryman, No. 99-1287 (7th Cir.) (172 F.3d 954) (March 24, 1999) (Judge Frank H. Easterbrook) by Here the Court held that district courts do have habeas jurisdiction to consider constitutional challenges to mandatory detention orders under the IIRIRA, although the court never addressed the provisions of 8 USC …

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam)

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

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

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam) by In this immigration case, the Fifth Circuit held that the unauthorized use of a motor vehicle (UUV) is a crime of violence under 18 U.S.C. § 16. Applying a categorical approach, and defining "substantial …

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Greig v. Goord, No. 97-9340 (2nd Cir.) (169 F.3d 165) (March 2, 1999) (Per Curiam) by Here Court held that litigants - like the plaintiff in this case - who file prison conditions lawsuits after release from confinement are no longer "prisoners" for purposes of 42 USC § 1997e(a) and …

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton)

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

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

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton) by Here the Court held that the crime of felon in possession of a firearm is not a "crime of violence" for purposes of determining whether the defendant may be denied bail …

U.S. v. Thomas, No. 97-4181 (7th Cir.) (159 F.3d 296) (October 23, 1998) (Judge Richard A. Posner)

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

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

U.S. v. Thomas, No. 97-4181 (7th Cir.) (159 F.3d 296) (October 23, 1998) (Judge Richard A. Posner) by The thorny question of what constitutes a "violent felony" continues to plague the courts; and that question is becoming increasingly important because of a great number of sentencing enhancements that can be …

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher) by This is another case that shows the deep judicial disagreements over what constitutes the "heartland" of Guidelines cases. Here, the defendant had previously been convicted of engaging in a $20 heroin sale …

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan) by This case consolidates a series of lawsuits brought by various plaintiffs, including ten immigrant assistance organizations, challenging the constitutionality of the Illegal Immigration Reform and Immigrant Responsibility Act of …

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan) by This case consolidates a series of lawsuits brought by various plaintiffs, including ten immigrant assistance organizations, challenging the constitutionality of the Illegal Immigration Reform and Immigrant Responsibility Act of …

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky) by In this case a class of inmates at Bayside State Correctional Facility filed a civil rights action, alleging that the guards had engaged in a pattern of physical abuse, threats and …

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

American Immigration Lawyers Ass'n. v. Reno, No. Civ.A. 97-0597 (D.D.C.) (18 F.Supp.2d 38) (August 20, 1998) (Judge Emmet G. Sullivan) by QUOTE OF THE WEEK - On the Government's right to "stack the deck" against aliens. "When a permanent resident alien's substantial interest in remaining in this country is at …

Lunsford v. Jumao-As, No. 96-56503 (9th Cir.) (155 F.3d 1178) (October 5, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lunsford v. Jumao-As, No. 96-56503 (9th Cir.) (155 F.3d 1178) (October 5, 1998) (Per Curiam) by Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998) (Judge DeMoss) Lunsford v. Jumao, 155 F.3d 1178 (9th Cir. 1998) (Per Curiam) In these decisions, the Fifth and Ninth Circuits held that a prisoner, …

Whitley v. Hunt, No. 97-40938 (5th Cir.) (158 F.3d 882) (October 23, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Whitley v. Hunt, No. 97-40938 (5th Cir.) (158 F.3d 882) (October 23, 1998) (Judge Harold R. Jr. DeMoss) by Case held that Federal prisoners pressing monetary claims in a Bivens action against Federal officials need not exhaust unavailable administrative remedies - although it also confirmed that Federal prisoners must exhaust …

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker)

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

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

U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker) by Based on Guideline Amendment 583, the Court reversed its prior en banc decision and held that a defendant who held his finger under his shirt to resemble a gun during a bank …

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Alexander v. Hawk, No. 96-3752 (11th Cir.) (159 F.3d 1321) (November 5, 1998) (Judge Frank May Hull) by Departing from the precedents in most of the other Circuits, the Eleventh Circuit held, in this case, that the Prison Litigation Reform Act (the PLRA) requires prisoners to exhaust all administrative remedies …

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth)

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

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

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth) by But seeU.S. v. Gloster, 969 F.Supp. 92 (D.D.C. 1997) and U.S. v. Singleton, Docket No. 99-3053 (D.C.Cir. 6/25/99) for contrary rulings. Here the Court held that possession of a firearm by …

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis)

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

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

Royce v. Hahn, No. 97-3266 (3rd Cir.) (151 F.3d 116) (August 5, 1998) (Judge Joseph F. Jr. Weis) by Case held that a conviction for possession of firearms by a convicted felon is not a "crime of violence" within the scope of the statute requiring prison officials to notify local …

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam) by Here, the Fifth Circuit held that the administrative exhaustion provision of 42 U.S.S. § 1997e(a) does not impose exhaustion of administrative remedies as a prerequisite to jurisdiction - a position also adopted by the …

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman)

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

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

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by In this case the defendant pled guilty to being a felon in possesion of a gun, arising out of conduct on an Interstate highway where, while driving under the influence of liquor, …

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore)

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

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

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore) by Case held that crime of transmitting a threat to extort monies (18 USC § 875(d)) was not a "non-violent" offense, and thus no departure based on diminished capacity could have been …

U.S. v. Flores-Ochoa, No. 97-11393 (5th Cir.) (139 F.3d 1022) (April 24, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, JRAD (Judicial Recommendation Against Deportation/Removal/Exclusion)

U.S. v. Flores-Ochoa, No. 97-11393 (5th Cir.) (139 F.3d 1022) (April 24, 1998) (Judge Jerry E. Smith) by Case held that the failure of counsel to move for a JRAD did not constitute ineffective assistance of counsel.