Search | Punch and Jurists

Hulen, No. 16-30160 (9th Cir.) (879 F.3d 1015) (January 10, 2018) (Judge Richard R. Clifton)

Article • January 15, 2018 • from P&J January, 2018

Filed under: Punch And Jurists, Not Deemed a Criminal Case

Hulen, No. 16-30160 (9th Cir.) (879 F.3d 1015) (January 10, 2018) (Judge Richard R. Clifton) by Here the Court held that admissions made by a defendant during his mandatory sex-offender treatment may be used against him to revoke his supervised release because revocation proceedings are not a "criminal case" for …

Bell v. Howes, No. 2:06-CV-15086 (E.D.Mich.) (841 F.Supp.2d 1018) (January 18, 2012) (Judge Arthur Tarnow)

Article • September 3, 2012 • from P&J September, 2012

Filed under: Punch And Jurists, Use of Marijuana

Bell v. Howes, No. 2:06-CV-15086 (E.D.Mich.) (841 F.Supp.2d 1018) (January 18, 2012) (Judge Arthur Tarnow) by Here the Court held that the fact that a person, who was on release due to the grant of a conditional writ of habeas corpus, tested positive on five separate occasions to marijuana was …

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’ …

Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Guideline Amendment

Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam) by In conviction for one count of conspiracy to possess with intent to distribute and to distribute an unspecified quantity of cocaine, denial of petition to reduce imprisonment pursuant to 18 U.S.C. § 3582(c)(2) is …

U.S. v. Crudup, No. 05-4048 (4th Cir.) (461 F.3d 433) (August 7, 2006) (Judge Dennis W. Shedd)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, Plainly Unreasonable Standard

U.S. v. Crudup, No. 05-4048 (4th Cir.) (461 F.3d 433) (August 7, 2006) (Judge Dennis W. Shedd) by In this case, the court addressed the hair-splitting issue of whether, in appeals from sentences imposed for revocation of supervised release, the courts should apply a "reasonableness" or a "plainly unreasonable" standard …

U.S. v. Kirby, No. 04-6226 (6th Cir.) (418 F.3d 621) (August 15, 2005) (Judge Julia Smith Gibbons)

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

Filed under: Punch And Jurists, Plainly Unreasonable Standard

U.S. v. Kirby, No. 04-6226 (6th Cir.) (418 F.3d 621) (August 15, 2005) (Judge Julia Smith Gibbons) by U.S. v. Kirby, 418 F.3d 621 (6th Cir. 08/15/05) (Judge Gibbons) U.S. v. Hall, 419 F.3d 980 (9th Cir. 08/15/05) (Judge Wardlaw) In these two cases, the Sixth and Ninth Circuits held …

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 …

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. 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 …

U.S. v. Drew, No. 4:97cv146 (E.D.Va.) (2 F.Supp.2d 781) (March 20, 1998) (Judge Rebecca Beach Smith)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Drew, No. 4:97cv146 (E.D.Va.) (2 F.Supp.2d 781) (March 20, 1998) (Judge Rebecca Beach Smith) by This case is noted for its holding that "A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing." (Id., at 783). While the Court acknowledged …

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker) by As the army of armed probation officers continues to grow day by day, revocation of probation cases already consume a significant percentage of the courts' dockets; and they are destined soon to …

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley) by In the May 19, 1997 issue of Punch and Jurists (Vol. 4, No. 20) we reported on a case, U.S. v. Jones, 957 F.Supp. 1088 (E.D.Ark. 1997), in which Judge Eisele held that …

U.S. v. Jones, No. LR-CR-90-242(2) (E.D.Ark.) (957 F.Supp. 1088) (March 4, 1997) (Judge Garnett Thomas Eisele)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Jones, No. LR-CR-90-242(2) (E.D.Ark.) (957 F.Supp. 1088) (March 4, 1997) (Judge Garnett Thomas Eisele) by Here the Court criticized the practice of allowing the probation office to petition the Court for revocation of probation since it makes those officers advocates not for their probationers but for ‘the People". …

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy) by One of the pretend rules that exists in our criminal justice system is that a defendant has a right to a reasonable expectation of finality about his sentence once his sentence is …

U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken) by The defendant in this case was a former federally licensed taxidermist who had been convicted of unlawfully selling migratory birds. As part of his sentence, the district court imposed a special condition …