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U.S. v. Thorpe, No. 05-2220 (6th Cir.) (471 F.3d 652) (December 27, 2006) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Thorpe, No. 05-2220 (6th Cir.) (471 F.3d 652) (December 27, 2006) (Judge Ronald Lee Gilman) by After the defendant in this case, James Thorpe, an African-American, was indicted for being a felon in possession of a firearm, he moved to dismiss his indictment on the ground that he …

Morris v. Ylst, No. 05-99002 (9th Cir.) (447 F.3d 735) (May 9, 2006) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

Morris v. Ylst, No. 05-99002 (9th Cir.) (447 F.3d 735) (May 9, 2006) (Judge Susan P. Graber) by This is a capital case in which the Court ordered a new penalty phase trial based on prosecutorial misconduct in withholding Brady materials from the defense. The ruling is particularly noteworthy due …

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam)

Article • February 12, 2005

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam) by In this case in which the defendant sought to prove an unconstitutional selective prosecution, the evidence presented to support the discriminatory effect element were "nationwide statistics demonstrating that 'the United …

U.S. v. Nixon, No. 03-80793 (E.D.Mich.) (315 F.Supp.2d 876) (April 23, 2004) (Judge John Feikens)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Nixon, No. 03-80793 (E.D.Mich.) (315 F.Supp.2d 876) (April 23, 2004) (Judge John Feikens) by This is another of a number of recent cases in which a Federal judge has rebelled against the undisguised efforts of prosecutors to wrest total control over all aspects of sentencing away from the …

U.S. v. Armstrong, No. 95-157 (U.S. Supreme Court) (517 U.S. 456; 116 S.Ct. 1480) (May 13, 1996) (Justice Rehnquist)

Article • August 12, 2003

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Armstrong, No. 95-157 (U.S. Supreme Court) (517 U.S. 456; 116 S.Ct. 1480) (May 13, 1996) (Justice Rehnquist) by In this case, the Supreme Court settled a dispute among the Circuits by holding that criminal defendants bringing selective prosecution claims must show that similarly situated individuals were not prosecuted, …

U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit) by In U.S. v. Armstrong, 517 U.S. 456 (1996), the Supreme Court held that, to prove a selective prosecution case, the claimant must prove two elements: first, he must demonstrate that the …

U.S. v. Smith, No. 98-6121 (11th Cir.) (231 F.3d 800) (October 25, 2000) (Judge Edward E. Carnes)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Smith, No. 98-6121 (11th Cir.) (231 F.3d 800) (October 25, 2000) (Judge Edward E. Carnes) by In rejecting a claim of selective prosecution in this case, the Eleventh Circuit elaborated on the first prong of the Armstrong test [U.S. v. Armstrong, 517 U.S. 456 (1996)] by defining a …

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell)

Article • June 17, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell) by The question presented in this case was whether a passive enforcement policy of the Selective Service Law under which the Government prosecutes only those who report themselves as having violated …

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate) by Shortly after the advent of the crack-cocaine laws, the courts began to become deluged with claims that the Government was targeting minority groups through selective prosecution tactics. Then, in 1996, the Supreme Court set …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

U.S. v. Jones, No. 3:98cr221 (E.D.Va.) (36 F.Supp.2d 304) (January 26, 1999) (Judge Richard L. Williams)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Jones, No. 3:98cr221 (E.D.Va.) (36 F.Supp.2d 304) (January 26, 1999) (Judge Richard L. Williams) by Here the Court rejected a claim of racial discrimination that arose from the state prosecutor's practice of referring all criminal cases involving guns to federal authorities, where the jury-pool make-up contained significantly less …

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner) by Collection of quotes about the "unconscious racism" that permeates the American criminal justice system. QUOTE OF THE WEEK - The role of "unconscious racism" in the American criminal justice system. "It is unnecessary in …

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan) by Following the Supreme Court's ruling in U.S. v. Armstrong, 517 U.S. 456 (1996), the Ninth Circuit reversed a district court's discovery order underlying a selective prosecution claim, stating that the defendant …

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts)

Article • December 1, 1995

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts) by This is a powerful, but extremely disturbing, decision by Judge Letts who caustically denounces the conduct of the U.S. Attorney's Office for bringing an indictment which he labels "a mere pretext …

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl)

Article • January 1, 1994

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl) by The The court found that it was rational for Congress to punish crack cocaine more severely than powder cocaine offenses: "For example, Congress could rationally seek to strengthen the deterrent effect of …