Search | Punch and Jurists

U.S. v. Munsterman, No. 98-30140 (9th Cir.) (177 F.3d 1139) (May 25, 1999) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Bill of Attainder

U.S. v. Munsterman, No. 98-30140 (9th Cir.) (177 F.3d 1139) (May 25, 1999) (Judge William W. Schwarzer) by Citing U.S. v. Brown, 381 U.S. 437, 448-49 (1965), the Court acknowledged that "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of …

Corbitt v. New Jersey, No. 77-5903 (U.S. Supreme Court) (439 U.S. 212; 99 S.Ct. 492) (December 11, 1978) (Justice White)

Article • May 31, 1999

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Corbitt v. New Jersey, No. 77-5903 (U.S. Supreme Court) (439 U.S. 212; 99 S.Ct. 492) (December 11, 1978) (Justice White) by Here the Court affirmed the propriety of granting leniency to those who plead guilty, holding that such a practice is "unequivocally . . . constitutionally proper" and is mutually …

U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski) by This decision is noted because it addresses two significant, but rarely discussed, issues dealing with the Child Support Recovery Act (CSRA). That statute makes it a Federal crime for a parent who "willfully" …

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1996

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam) by Back in 1993, Judge Orrick wrote an earlier decision in this case in which he concluded that "[t]he facts [in this case] show such clear, flagrant, and shameful violations of Wang's rights under the …

U.S. v. Mancillas, No. 98-40700 (5th Cir.) (172 F.3d 341) (April 9, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Mancillas, No. 98-40700 (5th Cir.) (172 F.3d 341) (April 9, 1999) (Per Curiam) by Here the Court reviewed the phrase "directly and proximately harmed" as used in the amended resttitution statutes and, while conceding it applied to conspiracy cases, it held it was still limited to conduct underlying …

Wallace v. Reno, No. 98-11181-NG (D.Mass.) (39 F.Supp.2d 101) (March 19, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Wallace v. Reno, No. 98-11181-NG (D.Mass.) (39 F.Supp.2d 101) (March 19, 1999) (Judge Nancy Gertner) by Here the Court held that construing the Immigration and Naturalization Act to bar discretionary relief to aliens in deportation hearings, but not those in exclusion proceedings, violated the Equal Protection Clause of the Fifth …

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin) by Here the Court affirmed that district courts have the discretion to depart downward because deportable aliens may be unable to take advantage of up to six months of home confinement authorized by …

Paul P. v. Verniero, No. 97-5791 (3rd Cir.) (170 F.3d 396) (March 16, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Megan's Laws

Paul P. v. Verniero, No. 97-5791 (3rd Cir.) (170 F.3d 396) (March 16, 1999) (Judge Dolores K. Sloviter) by Here the Third Circuit held that the registration and notification provisions of New Jersey's "Megan's Law" did not violate the sex offenders constitutionally protected privacy interests, stressing the public's interest in …

U.S. v. Bach, No. 98-3403 (7th Cir.) (172 F.3d 520) (April 16, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Bach, No. 98-3403 (7th Cir.) (172 F.3d 520) (April 16, 1999) (Judge Richard A. Posner) by Here the Court held that the Mandatory Victims Restitution Act is not subject to the Ex Post facto Clause, and thus may be applied retroactively, because it is not a penal statute …

U.S. v. Velastegui, No. 98 CR 965 (SAS) (S.D.N.Y.) (56 F.Supp.2d 313) (April 30, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Velastegui, No. 98 CR 965 (SAS) (S.D.N.Y.) (56 F.Supp.2d 313) (April 30, 1999) (Judge Shira A. Scheindlin) by Here the Court dismissed two money transmitting counts under 18 USC § 1960 on the grounds that the underlying State statute was unclear and therefore both the rule of lenity …

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam) by Here a majority of the en banc court declined to review a panel's earlier decision, reported at 152 F.3d 1156, which held that the retroactive application of the Child Support Recovery Act was unconstitutional. …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by "QUOTE OF THE WEEK - The hodgepodge of conflicting, contradictory and imprecise Federal criminal statutes. "Criminal statutes are enacted at different times, in different moral and penological climates, and in response to …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Quote from Judge Posner in which he criticized the maze of conflicting, contradictory and imprecise Federal criminal statutes that now number more than 10,000. QUOTE OF THE WEEK - The hodgepodge of conflicting, …

Martinez v. Greene, No. Civ.A. 98-B-2257 (D.Colo.) (28 F.Supp.2d 1275) (December 14, 1998) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

Martinez v. Greene, No. Civ.A. 98-B-2257 (D.Colo.) (28 F.Supp.2d 1275) (December 14, 1998) (Judge Lewis T. Babcock) by Here the Court held that the statute requiring that criminal aliens detained for deportation proceedings be held without bail pending determination of deportability violated, on its face, constitutional right to due process. …

U.S. v. Herrera, No. Crim. No. 3:98-CR-331-D (N.D.Tex.) (29 F.Supp.2d 756) (December 10, 1998) (Judge Sidney A. Fitzwater)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Herrera, No. Crim. No. 3:98-CR-331-D (N.D.Tex.) (29 F.Supp.2d 756) (December 10, 1998) (Judge Sidney A. Fitzwater) by The court stressed that § 3148(b) singles out "the attorney for the Government" as the person who may file a motion to revoke pretrial release; and it reasoned: "Congress has spoken …

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi) by Case held that a district court has the authority to grant a downward departure on the basis of uncredited time served by the defendant in State custody while on an INS detainer. Here …

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Edwards, No. 98-1055 (3rd Cir.) (162 F.3d 87) (November 27, 1998) (Judge Marjorie O. Rendell) by The Court observed: "Most of the Courts of Appeals that have considered this question have found that the retrospective application of the MVRA violates the Ex Post Facto Clause because restitution imposed …

U.S. v. Hsia, No. Crim. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 33) (September 10, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Hsia, No. Crim. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 33) (September 10, 1998) (Judge Paul L. Friedman) by Among its many reasons for dismissing various counts alleging false statements in violation of 18 U.S.C. §§ 1001 and 2(b), Judge Friedman made the following observations: "To recite the bare factual allegations …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any …

U.S. v. Trie, No. CR. 98-1129-1(PLF) (D.D.C.) (23 F.Supp.2d 55) (October 9, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Trie, No. CR. 98-1129-1(PLF) (D.D.C.) (23 F.Supp.2d 55) (October 9, 1998) (Judge Paul L. Friedman) by In this Federal Election Law case Judge Friedman agreed to dismiss various counts involving 18 USC § 1001 on the grounds that the indictment was overly broad and vague, supported only by …