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Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie)
Article • December 10, 2012 • from P&J December, 2012
Filed under: Punch And Jurists, Motion for Return of Property
Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie) by Everyone knows that many Federal forfeiture proceedings are a farce, but this one really takes the cake. Olushola Akeem, a citizen of Nigeria, was arrested in February, 2008 at JFK Airport …
U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski)
Article • February 1, 2003 • from P&J February, 2003
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski) by An information which alleged a prior felony drug conviction, to render defendant eligible for a mandatory minimum sentence, adequately identified the relevant prior conviction under the circumstances so long as the defendant had …
Mullane v. Central Hanover Bank & Trust Co., No. 378 (U.S. Supreme Court) (339 U.S. 306; 70 S.Ct. 652) (April 24, 2050) (Justice Jackson)
Article • January 9, 2002
Filed under: Punch And Jurists, Notice - Adequacy of
Mullane v. Central Hanover Bank & Trust Co., No. 378 (U.S. Supreme Court) (339 U.S. 306; 70 S.Ct. 652) (April 24, 2050) (Justice Jackson) by In this case, the Court established the framework for evaluating the adequacy of notice for due process purposes. The case involved a proceeding in which …
U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam)
Article • October 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam) by The defendant in this case was arrested in 1986 on drug and possession of firearm charges. During a search of his property at the time of the arrest, law enforcement agents seized approximately $ …
U.S. v. One Toshiba Color Television, No. 98-3578 (3rd Cir.) (213 F.3d 147) (May 24, 2000) (Judge Edward R. Becker)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. One Toshiba Color Television, No. 98-3578 (3rd Cir.) (213 F.3d 147) (May 24, 2000) (Judge Edward R. Becker) by United States v. McGlory, 202 F.3d 664 (3rd Cir. 2000) (En Banc) (Judge Sloviter) United States v. One Toshiba Color Television, 213 F.3d 147 (3rd Cir. 2000)( En Banc) …
U.S. v. Sample, No. 99-3475 (8th Cir.) (213 F.3d 1029) (May 31, 2000) (Judge David R. Hansen)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Sample, No. 99-3475 (8th Cir.) (213 F.3d 1029) (May 31, 2000) (Judge David R. Hansen) by Here the district court granted an upward departure in a credit card fraud case on the grounds that the losses involved did not adequately reflect the seriousness of the defendant's conduct by …
Lankford v. Idaho, No. 89-5691 (U.S. Supreme Court) (500 U.S. 110; 111 S.Ct. 1723) (May 20, 1991) (Justice Stevens)
Article • June 18, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
Lankford v. Idaho, No. 89-5691 (U.S. Supreme Court) (500 U.S. 110; 111 S.Ct. 1723) (May 20, 1991) (Justice Stevens) by Case held that the sentencing process in this case violated the Due Process Clause because, at the time of the sentencing hearing, Lankford and his counsel did not have adequate …
U.S. v. Morris, No. 99-1956 (7th Cir.) (204 F.3d 776) (February 22, 2000) (Judge Frank H. Easterbrook)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Morris, No. 99-1956 (7th Cir.) (204 F.3d 776) (February 22, 2000) (Judge Frank H. Easterbrook) by In this case, the district court decided at sentencing that a five-level increase in the defendant's sentence for engaging in sexual conduct with a minor was appropriate - despite the fact that …
Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam)
Article • March 27, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam) by In this case, the Court addressed the question whether a notice of forfeiture, mailed to a prisoner's home address by the government entity in whose custody the prisoner was held, …
Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg)
Article • March 1, 2000 • from P&J March, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg) by This is one of those forfeiture cases in which it is hard to believe that the Government could even argue with a straight face its position that the defendant had received adequate notice …
U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter)
Article • March 1, 2000 • from P&J March, 2000
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter) by Here the Court held that when the DEA gives notice of an administrative forfeiture to a defendant who is in prison, it must send that notice directly to his place of incarceration; …
Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay)
Article • October 1, 1999 • from P&J October, 1999
Filed under: Punch And Jurists, Notice - Adequacy of
Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay) by
U.S. v. Duffy, No. 98-9020 (11th Cir.) (179 F.3d 1304) (June 30, 1999) (Judge Frank May Hull)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Duffy, No. 98-9020 (11th Cir.) (179 F.3d 1304) (June 30, 1999) (Judge Frank May Hull) by Notwithstanding defendant's prior entry of a "Notice of Entry of Plea of Guilty," the Court held that the Government's subsequent filing of information required to trigger mandatory minimum at plea hearing was …
U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney) by This case deals with the notice requirements for sentencing enhancement provisions of 21 U.S.C. § 841(b)(1)(A); and it shows how the courts often cater to the Government, even if it entails ignoring …
U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro) by After agreeing that the Government's forfeiture was void for lack of adequate notice, the Court held that the district court must grant the claimant's Rule 41(e) motion without a hearing on the …
Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval) by This case involved several administrative forfeiture notices, one of which was sent by certified mail to the federal facility at which the plaintiff-appellant was detained. The Court determined that the …
U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella) by Case rejected challenge that conviction was invalid because defendant did not have fair notice that the possession of pornographic materials had become illegal.
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding. This forfeiture case is a rarity because it reversed an administrative forfeiture due to the failure …
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding.
U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black) by Case held that Government deprived property owner of due process through its ex parte seizure of property under civil forfeiture statute where there were no exigent circumstances to …
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