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U.S. v. Castillo, No. 03-20944 (5th Cir.) (430 F.3d 230) (November 3, 2005) (Judge Carolyn Dineen King)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Castillo, No. 03-20944 (5th Cir.) (430 F.3d 230) (November 3, 2005) (Judge Carolyn Dineen King) by The defendant filed a motion under seal for a downward departure based on his HIV status. The district court sealed the motion. At the sentencing hearing, the court and the defense counsel …

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, AIDs/HIV Issues

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon) by In this case the plaintiff probationer brought a Bivens action (Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)) against his Federal probation officer, Kathleen Keenan, claiming that she violated his …

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore) by In this case, the district court judge asked the defendant and his attorney to describe the defendant's current physical limitations. The defendant complained of a skin condition, lack of energy, and confusion, …

Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox) by This case marks formal judicial approval of The Return of the Leper Colonies to America. In Alabama, any inmate who tests positive for HIV is automatically placed in segregation, where they are …

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein) by In this case, Judge Weinstein explained why he gave a substantial sentencing departure to a defendant who was suffering from an advanced and accute stage of HIV symptoms. It is no wonder …

Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch) by Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams) Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch) Both of these …

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich) by United States v. Rabins, 63 F.3d 721 (8th Cir. 1995) United States v. Streat, 893 F.Supp. 754 (N.D.Ohio 1995) Here are two cases that deal with the impact of AIDS on a person's sentence, …

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold) by United States v. Rabins, 63 F.3d 721 (8th Cir. 1995) United States v. Streat, 893 F.Supp. 754 (N.D.Ohio 1995) Here are two cases that deal with the impact of AIDS on a …

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey)

Article • July 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey) by Case held that an AIDS-inflicted individual is not entitled to a downward departure unless the disease has progressed to such an advanced stage that it could be characterized as an extraordinary physical …

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, AIDs/HIV Issues

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan) by In this case, the defendant moved for a downward departure at sentencing pursuant to U.S.S.G. § 5H1.4 based on the fact that he was HIV positive, although he has not yet developed …

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay)

Article • January 1, 1994

Filed under: Punch And Jurists, AIDs/HIV Issues

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay) by This case involved an appeal from the district court's decision Harris v. Thigpen, 727 F.Supp. 1564, 1583 (M.D.Ala.1990), in which the district court concluded: "This Court is of the opinion that the …

Doe v. City of New York, No. 93-7596, No. 527 (2nd Cir.) (15 F.3d 264) (January 28, 1994) (Judge Frank X. Altimari)

Article • January 1, 1994

Filed under: Punch And Jurists, AIDs/HIV Issues

Doe v. City of New York, No. 93-7596, No. 527 (2nd Cir.) (15 F.3d 264) (January 28, 1994) (Judge Frank X. Altimari) by Here the Court held that persons with HIV have a constitutional right to privacy regarding that condition, particularly when the disease is one that arouses an "unfeeling …