Search | Punch and Jurists

U.S. v. Henry, No. Crim. No. 17-216 (CKK) (D.D.C.) (280 F.Supp.3d 125) (December 1, 2017) (Judge Coleen Kollar-Kotelly)

Article • May 7, 2018 • from P&J May, 2018

Filed under: Punch And Jurists, Conditions of

U.S. v. Henry, No. Crim. No. 17-216 (CKK) (D.D.C.) (280 F.Supp.3d 125) (December 1, 2017) (Judge Coleen Kollar-Kotelly) by Here the Court granted bail in a drug case after concluding that the series of special release conditions imposed by the Magistrate Judge were sufficient to protect the safety interests of …

U.S. v. Spencer, No. 10-1869-cr (2nd Cir.) (640 F.3d 513) (May 20, 2011) (Judge Rosemary S. Pooler)

Article • December 1, 2011

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Spencer, No. 10-1869-cr (2nd Cir.) (640 F.3d 513) (May 20, 2011) (Judge Rosemary S. Pooler) by Imposition of a prison term following revocation of supervised release is vacated where: 1) the district court retained jurisdiction to revoke supervised release because delays in adjudicating the revocation petition were reasonably …

U.S. v. Epstein, No. 09-4025-cr (2nd Cir.) (620 F.3d 76) (September 3, 2010) (Per Curiam)

Article • November 1, 2010

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Epstein, No. 09-4025-cr (2nd Cir.) (620 F.3d 76) (September 3, 2010) (Per Curiam) by Prior terms of imprisonment for violations of supervised release do not limit the maximum sentence a district court may impose for a subsequent violation of supervised release under 18 U.S.C. § 3583(e)(3), as amended …

U.S. v. Bari, No. 09-1074-cr (2nd Cir.) (599 F.3d 176) (March 22, 2010) (Per Curiam)

Article • August 23, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Bari, No. 09-1074-cr (2nd Cir.) (599 F.3d 176) (March 22, 2010) (Per Curiam) by In defendant's appeal from the district court's judgment revoking Bari’s term of supervised release, imposed after an earlier conviction for bank robbery and, after revocation, sentencing him principally to a term of thirty-six months’ …

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman) by Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted defendant's opportunity for a pre-sentence allocution; and 2) did …

U.S. v. Sabhnani, No. 07-2567-cr(L) (2nd Cir.) (493 F.3d 63) (July 6, 2007) (Judge Reena Raggi)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Conditions of

U.S. v. Sabhnani, No. 07-2567-cr(L) (2nd Cir.) (493 F.3d 63) (July 6, 2007) (Judge Reena Raggi) by For a commentary on this decision, see "Panel Upsets Detention Order Imposed on L.I. Couple," by Mark Hamblett, The New York Law Journal, July 10, 2007, as follows: "A Long Island couple accused …

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins) by Rule 32(i)(4)(A)(ii) of the Fed.R.Crim.P. states that, before imposing sentence, the district court must address the defendant personally “in order to permit the defendant to speak or present any information to mitigate …

U.S. v. Barraza, No. 94CR0074R (S.D.Cal.) (318 F.Supp.2d 1031) (May 17, 2004) (Judge John S. Sr. Rhoades)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Barraza, No. 94CR0074R (S.D.Cal.) (318 F.Supp.2d 1031) (May 17, 2004) (Judge John S. Sr. Rhoades) by Defendant was charged with violating the conditions of his unsupervised release. The matter was before the court on the limited issue of whether, pursuant to Crawford v. Washington, it was a violation …

Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter)

Article • April 5, 2004

Filed under: Punch And Jurists, Right of Allocution

Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter) by At the conclusion of the defendant's sentencing in this case, the trial judge asked: "Did you want to say something?" (Id., at 302). It was unclear from the record …

U.S. v. Reyna, No. 01-41164 (5th Cir.) (358 F.3d 344) (January 26, 2004) (Judge W. Eugene Davis)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Reyna, No. 01-41164 (5th Cir.) (358 F.3d 344) (January 26, 2004) (Judge W. Eugene Davis) by Here, abrogating prior precedent, the en banc court held that the failure to give the defendant his Rule 32 right of allocution to speak in mitigation of his sentence, no longer requires …

U.S. v. Plotts, No. 02-4575 (3rd Cir.) (359 F.3d 247) (February 19, 2004) (Judge Thomas L. Ambro)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Plotts, No. 02-4575 (3rd Cir.) (359 F.3d 247) (February 19, 2004) (Judge Thomas L. Ambro) by Defendant appealed the decision of the District Court revoking his supervised release and imposing a sentence of imprisonment. Defendant alleged that he was denied the right of allocution at his release revocation …

U.S. v. Inocencio, No. CR. 96-221ACK (D.Hawai'I) (215 F.Supp.2d 1095) (May 15, 2002) (Judge Alan Cooke Kay)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Inocencio, No. CR. 96-221ACK (D.Hawai'I) (215 F.Supp.2d 1095) (May 15, 2002) (Judge Alan Cooke Kay) by Here the Court granted the Government's motion, pursuant to 8 USC § 1451(e), to revoke the citizenship of a defendant convicted of naturalization fraud, even though more than five years had elapsed …

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (204 F.Supp.2d 1157) (May 13, 2002) (Judge Lynn S. Adelman)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (204 F.Supp.2d 1157) (May 13, 2002) (Judge Lynn S. Adelman) by In the is case, the defendant, who was charged with racketeering and drug-related offenses, was granted bail in the amount of $ 135,000. The Government moved to revoke the bail on a number …

U.S. v. Hill, No. CR 99-60010-01-HO (D.Or.) (51 F.Supp.2d 1091) (May 12, 1999) (Judge Magistrate)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Hill, No. CR 99-60010-01-HO (D.Or.) (51 F.Supp.2d 1091) (May 12, 1999) (Judge Magistrate) by In this case the Court denied a Government request to impose conditions of release designed to interfere with a couple's spousal relationship in order to induce the defendant's fugitive spouse to voluntarily surrender on …

U.S. v. Jimenez-Martinez, No. 98-41164 (5th Cir.) (179 F.3d 980) (July 6, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Jimenez-Martinez, No. 98-41164 (5th Cir.) (179 F.3d 980) (July 6, 1999) (Per Curiam) by Here the Court held that the district court had jurisdiction to revoke a yerm of supervised release where arrest warrant was issued during term of supervised release but revocation hearing was hot held until …

U.S. v. Comito, No. 98-10202 (9th Cir.) (177 F.3d 1166) (May 27, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Comito, No. 98-10202 (9th Cir.) (177 F.3d 1166) (May 27, 1999) (Judge Stephen Reinhardt) by In this case, the Court emphasized certain minimum due process requirements exist for the revocation of parole and probation; and that, at a minimum, before allowing the use of hearsay evidence, the court …

Dolfi v. Pontesso, No. 98-1394 (6th Cir.) (156 F.3d 696) (September 30, 1998) (Judge Gilbert S. Merritt)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Special Parole

Dolfi v. Pontesso, No. 98-1394 (6th Cir.) (156 F.3d 696) (September 30, 1998) (Judge Gilbert S. Merritt) by The Court noted that ""Special parole" had been an additional penalty for all drug offenses that was mandatory in all cases until the Sentencing Reform Act replaced it with "supervised release." Special …

U.S. v. Hall, No. 96-10178 (5th Cir.) (152 F.3d 381) (August 21, 1998) (Judge Carolyn Dineen King)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Hall, No. 96-10178 (5th Cir.) (152 F.3d 381) (August 21, 1998) (Judge Carolyn Dineen King) by In this case the Court examined, at length, the common-law right of allocution. Among the many issues decided in this case, the Court held that a defendant does not have a right …

Robles v. U.S., No. 96-56762 (9th Cir.) (146 F.3d 1098) (June 23, 1998) (Judge Jr. William C. Canby)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Special Parole

Robles v. U.S., No. 96-56762 (9th Cir.) (146 F.3d 1098) (June 23, 1998) (Judge Jr. William C. Canby) by Court joined 3rd, 4th, 5th & 7th Circuits, holding that Parole Commission had no statutory right to impose a second term of special parole; and rejected contrary positions taken by 8th …

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Reimbursement of Costs

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple) by Although the Court held that the imposition of an obligation to reimburse the Government for legal fees under § 3006A(f) was an "independent civil liability", it ruled that the defendant could be …