Punch and Jurists

In Re: Ellis, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw) by Judge Kozinski, who wrote one of the several concurring opinions in this lengthy en banc decision, described the remarkably different views of the judges in this case about the issue before the …

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by QUOTE OF THE WEEK - A medley of comments about the enormous powers the prosecutors have to control sentencing through their charging decisions: In Ashe v. Swenson, 397 U.S. 436, 445 n. 10 …

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by QUOTE OF THE WEEK - The unfettered power of Federal prosecutors to determine the fates of criminal defendants. "The decision to prosecute this state case as a federal case lies in the …

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by QUOTE OF THE WEEK - Some observations on the mandatory minimum sentencing laws. "[T]he mandatory sentencing laws . . . have brought about such relative inflexibility with respect to sentencing that, once the …

U.S. v. Herron, No. 95-3878 (8th Cir.) (97 F.3d 234) (October 1, 1996) (Judge Gerald W. Heaney) by It has become standard practice in virtually every drug case to add the charge of money laundering, not only because it adds one more salacious charge which the prosecutor can use to …

U.S. v. Roberts, No. 89-0033(HHG) (D.D.C.) (726 F.Supp. 1359) (November 16, 1989) (Judge Harold H. Greene) by "In the area of drug offenses, if an individual is arrested in possession of what may be termed a medium amount of cocaine base (crack), say, about two ounces (56 grams), the prosecutor …