Search | Punch and Jurists

U.S. v. Rios-Favela, No. 96-50128 (9th Cir.) (118 F.3d 653) (June 25, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Rios-Favela, No. 96-50128 (9th Cir.) (118 F.3d 653) (June 25, 1997) (Judge Stephen S. Trott) by Here the Ninth Circuit reversed a 10-level downward departure granted by the district court on the grounds that the defendant's aggravavated felony was not serious enough to warrant a 16-level increase in …

U.S. v. Briones-Mata, No. 96-3514 (8th Cir.) (116 F.3d 308) (May 12, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Briones-Mata, No. 96-3514 (8th Cir.) (116 F.3d 308) (May 12, 1997) (Per Curiam) by In this case the defendant argued that the district court erred in imposing a sixteen-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(2) (1995), contending that the term "aggravated felony" as used in that …

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain) by Court affirmed use of 16 level enhancement based on state misdemeanor conviction as covered by language of U.S.S.G. § 2L1.2(b)(2).

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain) by

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner)

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

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

U.S. v. Shannon, No. 95-2367 (7th Cir.) (110 F.3d 392) (April 1, 1997) (Judge Richard A. Posner) by Here the Court held that the charging document is the only source of information on which the court may properly rely in classifying a prior offense used to enhance the punishment for …

U.S. v. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion)

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

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

U.S. v. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion) by Case held that a prior conviction for statutory rape was not a "crime of violence" for purposes of the Federal Sentencing Guidelines; but decision was subsequently vacated by an en banc decision …

Scheidemann v. I.N.S., No. 95-3241 (3rd Cir.) (83 F.3d 1517) (May 16, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Aggravated Felony

Scheidemann v. I.N.S., No. 95-3241 (3rd Cir.) (83 F.3d 1517) (May 16, 1996) (Judge Walter K. Stapleton) by This is one of those politically correct but oblivious-to-logic cases that deals with the rights of aliens, convicted of an "aggravated felony", who are subsequently subjected to deportation proceedings. In 1987, the …

Aguirre v. INS, No. 93-4195 (2nd Cir.) (79 F.3d 315) (March 22, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Aggravated Felony

Aguirre v. INS, No. 93-4195 (2nd Cir.) (79 F.3d 315) (March 22, 1996) (Judge Jon O. Newman) by Here the Court held that "aggravated felony" as defined in the Immigtation and Nationality Act excludes drug offenses that are state, but not Federal, offenses. But see U.S. v. Pornes-Garcia, 171 F.3d …

U.S. v. Gomez-Rodriguez, No. 95-10114 (9th Cir.) (77 F.3d 1150) (February 21, 1996) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Gomez-Rodriguez, No. 95-10114 (9th Cir.) (77 F.3d 1150) (February 21, 1996) (Judge Harry Pregerson) by

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch) by Case held that state misdemeaner conviction for possession of marijuana constituted an aggravated felony for purposes of a 16 level enhancement.

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch) by

U.S. v. Arnold, No. 94-6176 (6th Cir.) (58 F.3d 1117) (July 13, 1995) (Judge H. Ted Milburn)

Article • August 1, 1995

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

U.S. v. Arnold, No. 94-6176 (6th Cir.) (58 F.3d 1117) (July 13, 1995) (Judge H. Ted Milburn) by Here the Court held that when it is not clear from the elements of the offense alone whether the crime involved a serious risk of potential injury to another, the sentencing court …

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan)

Article • May 1, 1995

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan) by Case is noted for Judge Jones' dissent in which he calls the majority's result "absurd" in finding that the defendant was subject to § 3164's 90 day limit, rather than § 3161's …

U.S. v. Polanco, No. 94-1556, No. 1166 (2nd Cir.) (47 F.3d 516) (February 8, 1995) (Judge Gerald W. Heaney)

Article • April 1, 1995

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Polanco, No. 94-1556, No. 1166 (2nd Cir.) (47 F.3d 516) (February 8, 1995) (Judge Gerald W. Heaney) by In this case the Court held that a defendant's prior conviction constitutes a "drug trafficking crime" under 18 U.S.C. § 924(c)(2), and therefore an "aggravated felony" mabdating the sixteen-level enhancement …

Barrera-Echavarria v. Rison, No. 93-56682 (9th Cir.) (44 F.3d 1441) (January 12, 1995) (Judge Cynthia Holcomb Hall)

Article • January 1, 1995

Filed under: Punch And Jurists, Detention - Generally

Barrera-Echavarria v. Rison, No. 93-56682 (9th Cir.) (44 F.3d 1441) (January 12, 1995) (Judge Cynthia Holcomb Hall) by Here the Court held that the Attorney General had statutory authority to detain indefinitely an undeportable, excludable alien in part because the INS had an annual administrative review which precluded nature of …

Orantes-Hernandez v. Meese, No. CV 82-1007-KN (C.D.Cal.) (685 F.Supp. 1488) (April 29, 1988) (Judge David V. Kenyon)

Article • December 1, 1994

Filed under: Punch And Jurists, Detention - Generally

Orantes-Hernandez v. Meese, No. CV 82-1007-KN (C.D.Cal.) (685 F.Supp. 1488) (April 29, 1988) (Judge David V. Kenyon) by

Gisbert v. U.S. Attorney General, No. 91-4477 (5th Cir.) (988 F.2d 1437) (April 28, 1993) (Judge Will L. Garwood)

Article • January 1, 1994

Filed under: Punch And Jurists, Detention - Generally

Gisbert v. U.S. Attorney General, No. 91-4477 (5th Cir.) (988 F.2d 1437) (April 28, 1993) (Judge Will L. Garwood) by This case dealt with the detention of a group of Cubans who were part of the Mariel boatlift. After detaining these aliens prior to entry--thus ensuring that they were excludable …

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

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

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the district court sentenced the defendant, who had incurred numerous convictions for threatening presidents and a prosecutor while suffering from mental illness, to imprisonment for 51 months as a …

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards)

Article • January 1, 1994

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

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards) by In this bank robbery case, the D.C. Circuit relied extensively on Judge Easterbrook's dissent in U.S. v. Poff, 926 F.3d 588 (7th Cir. 1991). While it generally followed the Poff dissent, the …