Search | Punch and Jurists

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse) by This is a very important case (that was first noted in the April 15, 1996 issue of Punch and Jurists) about the powers of the court and the Probation Officers …

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl) by The Court found that the defendant's offense conduct involved the extortionate extension of credit; and thus the condition of prescreening new credit charges and credit lines "is a reasonable information-gathering device for …

U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton)

Article • April 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton) by One of the issues decided in this case is that a district court may not delegate its authority to set the amount and timing of fine payments to the Bureau of Prisons …

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This case deals with the permissible scope of travel restrictions that are imposed on probationers by the courts and the Probation Office. Here, the appellant sought relief from the Court after Judge …

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This is one of two important decisions decided by the Second Circuit during March that deals with the power of the Probation Office to harass its wards who are on supervised release. …

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez) by In this case, the Government served notice of its intent to use deoxyribonucleic acid (DNA) evidence taken from semen samples in a rape prosecution. Judge Vazquez ruled that the Restriction Fragment Length Polymorphism …

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt) by Case held that conditioning supervised release upon payment of court appointed attorneys fees was error since that condition was not reasonably related to any of the three conditions specified in 18 USC § …

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann)

Article • October 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann) by Case held that condition of probation requiring defendant to associate only with law-abiding persons was not improperly amended when probation officer officer required defendant to sign form that expanded terms of prohibition. …

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney) by Here's an interesting supervised release case. Judge Raggi imposed a special condition of supervised release requiring the defendant to repay his all of his personal debts that were unrelated to his criminal …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Case held that when a sentencing court "inappropriately delegates to the probation department its authority to establish a payment schedule for restitution", the order must be vacated.

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by Court held that district court could not authorize probation department to determine schedule of restitution payments as a special condition of supervised release.

U.S. v. Johnson, No. 94-5472 (4th Cir.) (48 F.3d 806) (March 3, 1995) (Judge Paul V. Niemeyer)

Article • April 1, 1995

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Johnson, No. 94-5472 (4th Cir.) (48 F.3d 806) (March 3, 1995) (Judge Paul V. Niemeyer) by Fourth Circuit joins a majority of Circuits holding that sentencing courts cannot delegate to probation officers the right to determine either the amount of restitution or the schedule of payments.

U.S. v. Thurlow, No. 94-1785 (1st Cir.) (44 F.3d 46) (January 19, 1995) (Per Curiam)

Article • March 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Thurlow, No. 94-1785 (1st Cir.) (44 F.3d 46) (January 19, 1995) (Per Curiam) by A case dealing with special conditions of supervised release - this one upholding the authority of a court to require total abstention from alcohol during a three year term of supervised release, even though …

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby) by Here the court held that although court may require defendant to make restitution under Victim and Witness Protection Act within specified period or in specified installments, duration of such period or last such …

U.S. v. Beechnut Nutrition Corp., No. 90-1368, No. 605 (2nd Cir.) (925 F.2d 604) (February 13, 1991) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Beechnut Nutrition Corp., No. 90-1368, No. 605 (2nd Cir.) (925 F.2d 604) (February 13, 1991) (Judge Richard J. Cardamone) by

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips) by Case held It was improper to require defendant to sign long-term promissory note in favor of victim, where payments would extend beyond the 5 years' probation imposed and thus beyond the …

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski) by Here the defendant was ordered to participate in a program approved by the probation office for treatment of narcotic addiction or drug dependency; and to abstain from the use of alcohol and/or other …

U.S. v. Tolla, No. 85-1091, No. 1388 (2nd Cir.) (781 F.2d 29) (January 9, 1986) (Judge Charles E. Jr. Stewart)

Article • January 1, 1994

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Tolla, No. 85-1091, No. 1388 (2nd Cir.) (781 F.2d 29) (January 9, 1986) (Judge Charles E. Jr. Stewart) by

U.S. v. Prendergast, No. 91-3637 (8th Cir.) (979 F.2d 1289) (November 6, 1992) (Judge David R. Hansen)

Article • January 1, 1994

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

U.S. v. Prendergast, No. 91-3637 (8th Cir.) (979 F.2d 1289) (November 6, 1992) (Judge David R. Hansen) by The Court stated: "Although a sentencing judge is given wide discretion in imposing terms of supervised release, United States v. Schoenrock, 868 F.2d 289, 291 (8th Cir.1989) (citation omitted), the terms imposed …

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam) by Case held that under Victim and Witness Protection Act, court could not require defendant to execute consent judgment or otherwise require him to secure payment of restitution "during and after the period of probation.".