Search | Punch and Jurists

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson)

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

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

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson) by Court vacated a special condition of supervised release requiring defendant, convicted of drug conspiracy, to refrain from use of alcohol due to lack of evidence that defendant was prone to abuse of …

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson)

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

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

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson) by As we have often noted recently, there is a growing tendency on the part of the courts to treat all conditions of supervised release generically; and to impose as many crowd-pleasing conditions …

Murphy v. Lynn, No. 96-2392, No. 848 (2nd Cir.) (118 F.3d 938) (July 8, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Travel Restrictions

Murphy v. Lynn, No. 96-2392, No. 848 (2nd Cir.) (118 F.3d 938) (July 8, 1997) (Judge Amalya Lyle Kearse) by This decision contains a detailed and interesting discussion about a citizen's constitutional right to travel. Here, a motorist brought a civil rights action (under 42 U.S.C. § 1983) against various …

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. 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, Delegation of Authority

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 …

Benson v. U.S., No. 96 C 7886 (N.D.Ill.) (969 F.Supp. 1129) (July 7, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Travel Restrictions

Benson v. U.S., No. 96 C 7886 (N.D.Ill.) (969 F.Supp. 1129) (July 7, 1997) (Judge James H. Alesia) 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 …

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by In this case the court upheld a special condition of supervised release requiring the defendant convicted of violating the International Parental Kidnapping Crime Act to effect the return of his children to …

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by Court held that while district courts have broad discretion to tailor conditions of supervised release to goals and purposes of sentencing, the Guidelines do not provide sentencing courts with untrammeled discretion in …

U.S. v. Workman, No. 95-1330, No. 270 (2nd Cir.) (110 F.3d 915) (April 1, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Workman, No. 95-1330, No. 270 (2nd Cir.) (110 F.3d 915) (April 1, 1997) (Judge Pierre N. Leval) by Here the Court rejected the Government's argument that an obscure portion of the legislative history of the Criminal Fine Improvements Act of 1987 permitted the court to delegate to the …

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. Crim. No. 96-12-01-B (D.N.H.) (957 F.Supp. 331) (March 18, 1997) (Judge Paul J. Barbadoro) by Case contains a long and technical analysis of the PCR method of DNA testing, and generally upholds such evidence as sufficiently scientifically reliable and probative to be admissible under the Daubert …

U.S. v. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris) by This detailed and technical decision analyzes the use of DNA testing (using both the RFPL and PCR methods) under Fed.R.Evid. 702, and Judge Saris concluded that it was sufficienlty reliable to …

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat) by Contrary to the rule in most other Circuits, here the Eleventh Circuit holds that, under its precedent, the law "clearly authorizes delegation of payment schedules to the probation office". United States v. …

U.S. v. Porotsky, No. 96-1479, No. 1010 (2nd Cir.) (105 F.3d 69) (January 15, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Porotsky, No. 96-1479, No. 1010 (2nd Cir.) (105 F.3d 69) (January 15, 1997) (Per Curiam) by Here the Court vacated a sentence because travel restrictions imposed were not reasonably related to the defendant's rehabilitation or the public interest - the twin goals of probation. In a tersely worded …

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman) by In this case, the Eighth Circuit approved a broad expansion of the use of DNA evidence and the PCR method of testing in criminal cases as a form of scientific evidence …

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by The Ninth Circuit become the second Circuit to approve the admissibility of DNA testing by the PCR method.

U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Stover, No. 95-3148 (8th Cir.) (93 F.3d 1379) (August 22, 1996) (Judge Theodore McMillian) by United States v. Stover, 93 F.3d 1379 (8th Cir. 1996) (Judge McMillian) Smullen v. United States, 94 F.3d 20 (1st Cir. 1996) (Judge Campbell) United States v. Mortimer, 94 F.3d 89 (2nd Cir. …

U.S. v. Mortimer, No. 96-1067 (2nd Cir.) (94 F.3d 89) (August 29, 1996) (Judge J. Daniel Mahoney)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mortimer, No. 96-1067 (2nd Cir.) (94 F.3d 89) (August 29, 1996) (Judge J. Daniel Mahoney) by Here the Court held that the BOP could not, through its Inmate Financial Responsibilty Program, lawfully exercise the judicial responsibility of establishing a payment schedule for court imposed monetary penalties. United States …

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Special Conditions

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour) by

U.S. v. Gossens, No. 95-5520 (4th Cir.) (84 F.3d 697) (May 28, 1996) (Judge William W. Jr. Wilkins)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Acting as an Informer

U.S. v. Gossens, No. 95-5520 (4th Cir.) (84 F.3d 697) (May 28, 1996) (Judge William W. Jr. Wilkins) by One of the standard conditions of probation and supervised release set forth in § 5B1.4 is the provision contained in subparagraph (a)(12) which prohibits the defendant from entering into any agreement …

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Citing U.S. v. Johnson, 48 F.3d 806 (4th Cir. 1995), the court held that is is error to delegate the amount and timing of restitution payments to the Probation Office.