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U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica)

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

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

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica) by Here a majority of the Court concluded that the Sentencing Commission did not intend to import the "crime of violence" definition from USSG § 4B1.2 into § 5K2.13. Here, after noting the …

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam) by Case held that district courts should enforce the PLRA's exhaustion requirements sua sponte. Case noted mich of the philosophy behind the enactment of the PLRA when it commented: "Prior to the enactment of [this] …

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf)

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

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

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf) by Here the Court rejected claim that the crime of accessory after the fact was a crime of violence for purposes of § 4B1.2, despite the fact that the defendant had originally been charged …

U.S. v. Lazo-Ortiz, No. 96-5424 (11th Cir.) (136 F.3d 1282) (March 10, 1998) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Lazo-Ortiz, No. 96-5424 (11th Cir.) (136 F.3d 1282) (March 10, 1998) (Judge Peter T. Fay) by The convoluted issue in this case was: "Whether the sentence of an alien convicted of reentering the United States after a previous deportation order may be enhanced [by 16 levels] under U.S.S.G. …

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lambert v. Blackwell, No. 97-1281 (3rd Cir.) (134 F.3d 506) (December 29, 1997) (Judge Carol Los Mansmann) by Here the Third Circuit reversed Judge Dalzell's courageous decision in which he granted habeas relief due to gross prosecutorial misconduct on the technical grounds that the defendant had failed to exhaust her …

U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman) by The Court in this case affirmed a downward departure granted to the defendant on the grounds that his prior felony conviction drastically overstated the seriousness of the underlying crime for purposes of …

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald)

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

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

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald) by This case contains a detailed analysis of the Supreme Court's decision in Taylor v. U.S., 495 U.S. 575 (1990) and its ruling that when deciding whether a prior conviction qualifies as a …

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam)

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

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

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam) by Court held that "attempted unauthorized entry" under Louisiana law may be treated as a "crime of violence" under the career offender provisions of the Guidelines.

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are listed as …

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin)

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

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

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin) by

U.S. v. Hinojosa-Lopez, No. 97-40183 (5th Cir.) (130 F.3d 691) (December 4, 1997) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Hinojosa-Lopez, No. 97-40183 (5th Cir.) (130 F.3d 691) (December 4, 1997) (Judge Carolyn Dineen King) by Here the Court joined most other Circuits in holding that a State felony conviction which would only be a misdemeanor under Federal law still constitutes an "aggravated felony" for purposes of USSG …

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway) by United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King) United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway) It is hard to deny that alien …

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway) by United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King) United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway) It is hard to deny that alien …

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway) by United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King) United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway) It is hard to deny that alien …

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Case rejected argument that an indeterminate sentence, on which the defendant served less than five years in prison, qualified to remove the 16 level enhancement contained in U.S.S.G. § 2L1.2(b)(2).

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Here the Court explored the concept of indeterminite sentences within the meaning of U.S.S.G. §§ 4A1.2 and 2L1.2.

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel) by In McCarthy v. Madigan, 503 U.S. 140 (1992), the Supreme Court ruled that no exhaustion of administrative remedies was required for a Federal prisoner to bring a Bivens-type action (see, Bivens v. …

U.S. v. Gloster, No. 96-0375(PLF) (D.D.C.) (969 F.Supp. 92) (July 3, 1997) (Judge Paul L. Friedman)

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

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

U.S. v. Gloster, No. 96-0375(PLF) (D.D.C.) (969 F.Supp. 92) (July 3, 1997) (Judge Paul L. Friedman) by It has become so commonplace for defendants to be denied bail these days, that we often forget the Supreme Court's warning that "Unless this right to bail before trial is preserved, the presumption …

U.S. v. Meader, No. 96-2123 (1st Cir.) (118 F.3d 876) (July 11, 1997) (Judge Frank M. Coffin)

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

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

U.S. v. Meader, No. 96-2123 (1st Cir.) (118 F.3d 876) (July 11, 1997) (Judge Frank M. Coffin) by In this case, the Court held that the conviction of a 39-year old man under a Maine statute for the statutory rape of a girl under the age of fourteen was a …

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell)

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

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

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell) by Case held that a conspiracy to commit robbery is a "crime of violence" which may serve as a predicate for "using" a gun under the Hobbs Act even though the underlying substantive …