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Article • April 1, 2003 • from P&J April, 2003
Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter) by Pursuant to the Federal Magistrate Act of 1979, 28 U.S.C. § 636, federal magistrate judges may conduct “any or all proceedings in a jury or nonjury civil matter and order …
Article • September 1, 2001 • from P&J September, 2001
U.S. v. Johnston, No. 99-20810 (5th Cir.) (258 F.3d 361) (July 13, 2001) (Judge Harold R. Jr. DeMoss) by The defendant in this case was convicted of various drug charges and sentenced to 135 months in prison. After his conviction and sentence were affirmed on direct appeal, he timely filed …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. Waters, No. 97-5513 (6th Cir.) (158 F.3d 933) (September 28, 1998) (Judge Gilbert S. Merritt) by This case is noted for tell-tale view of the limited rights of defendants who are serving terms of supervised release. Here, the defendant appealed the revocation of his term of supervised release, …
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson) by Editor's Note: For a contrary view, see U.S. v. Waters, Docket No. 97-5513 (6th Cir. Sept. 28, 1998). Case held that a Magistrate Judge does not have the statutory authority to hold a …
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson) by Case held that a Magistrate Judge does not have the statutory authority to hold a probation revocation hearing without the defendant's consent; and it ordered a new hearing.