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U.S. v. Blackwell, No. 16-10287 (9th Cir.) (852 F.3d 1164) (April 3, 2017) (Per Curiam)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Ex Post Facto, Punch And Jurists

U.S. v. Blackwell, No. 16-10287 (9th Cir.) (852 F.3d 1164) (April 3, 2017) (Per Curiam) by In 1993, Curtis Blackwell pled guilty to two counts of armed bank robbery and two counts of carrying a firearm during and in relation to a crime of violence. He was sentenced to 357 …

Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg)

Article • December 26, 2016 • from P&J May, 2016

Filed under: Sentencing, Punch And Jurists

Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg) by According to the Solicitor General, in an amicus brief filed in thus case, in Federal criminal prosecutions,“the median time between conviction and sentencing in 2014 was 99 days.” Here, the …

Christeson v. Roper, No. 14-6873 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 891) (January 20, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J February, 2015

Filed under: Habeas Corpus, Punch And Jurists

Christeson v. Roper, No. 14-6873 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 891) (January 20, 2015) (Per Curiam) by OVERVIEW: HOLDINGS: [1]-Petitioner's motion to substitute habeas counsel was improperly denied where his appointed attorneys had missed the filing deadline for filing his first habeas petition, petitioner's best argument for …

U.S. v. D.M., No. 12-CR-170 (E.D.N.Y.) (942 F.Supp.2d 327) (May 3, 2013) (Judge Jack B. Weinstein)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Probation, Punch And Jurists

U.S. v. D.M., No. 12-CR-170 (E.D.N.Y.) (942 F.Supp.2d 327) (May 3, 2013) (Judge Jack B. Weinstein) by In a rare and noteworthy Sentencing Memorandum that shows exceptional diligence in the pursuit of a fair and justice sentence, Judge Weinstein explained his reasons for imposing a non-Guidelines sentence of probation on …

U.S. v. Prosperi, No. 10-1739 (1st Cir.) (686 F.3d 32) (July 13, 2012) (Judge Kermit A. Lipez)

Article • July 23, 2012 • from P&J July, 2012

Filed under: Probation, Punch And Jurists

U.S. v. Prosperi, No. 10-1739 (1st Cir.) (686 F.3d 32) (July 13, 2012) (Judge Kermit A. Lipez) by Here the Court affirmed, as substantively reasonable, sentences of probation imposed on two white collar defendants convicted of fraud in Boston's Big Dig project despite a Guidelines’ sentencing range of 87 to …

Downs v. Lape, No. 09-4723-pr (2nd Cir.) (657 F.3d 97) (September 14, 2011) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2011

Filed under: Habeas Corpus, Punch And Jurists

Downs v. Lape, No. 09-4723-pr (2nd Cir.) (657 F.3d 97) (September 14, 2011) (Judge Raymond J. Jr. Lohier) by In an appeal from a judgment of the district court denying petitioner's application for habeas relief brought on the ground that his Sixth Amendment right to a public trial was violated …

U.S. v. Watt, No. Crim. No. 08cr10318-NG (D.Mass.) (707 F.Supp.2d 149) (April 27, 2010) (Judge Nancy Gertner)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Probation, Punch And Jurists

U.S. v. Watt, No. Crim. No. 08cr10318-NG (D.Mass.) (707 F.Supp.2d 149) (April 27, 2010) (Judge Nancy Gertner) by Here Judge Gertner explained her reasons for imposing a sentence of two years on a computer wiz who wrote some of the software used in the largest identity theft in American history, …

Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor)

Article • June 14, 2010 • from P&J June, 2010

Filed under: Ex Post Facto, Punch And Jurists

Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor) by Here a divided Court reversed a conviction for failing to register as a sex offender under 18 U.S.C. § 2250, n the narrow grounds that § 2250 does not apply …

U.S. v. Culver, No. 07-14708 (11th Cir.) (598 F.3d 740) (March 2, 2010) (Judge Joel F. Dubina)

Article • May 17, 2010 • from P&J May, 2010

Filed under: Sentencing, Punch And Jurists

U.S. v. Culver, No. 07-14708 (11th Cir.) (598 F.3d 740) (March 2, 2010) (Judge Joel F. Dubina) by

Scarlett v. U.S. Dept. of Homeland Security, No. 08-cv-534 (W.D.N.Y.) (632 F.Supp.2d 214) (July 10, 2009) (Judge Richard J. Arcara)

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

Filed under: Bail, Punch And Jurists

Scarlett v. U.S. Dept. of Homeland Security, No. 08-cv-534 (W.D.N.Y.) (632 F.Supp.2d 214) (July 10, 2009) (Judge Richard J. Arcara) by Finally, after Errol Scarlett, a Jamaican citizen, spent more than 5-½ years in immigration detention facilities while fighting deportation, a Federal judge has ordered that he be given a …

U.S. v. Irving, No. 07-1312-cr (2nd Cir.) (554 F.3d 64) (January 28, 2009) (Judge Amalya Lyle Kearse)

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

Filed under: Sentencing, Punch And Jurists

U.S. v. Irving, No. 07-1312-cr (2nd Cir.) (554 F.3d 64) (January 28, 2009) (Judge Amalya Lyle Kearse) by In conviction for receiving and possessing child pornography and traveling outside the U.S. with intent to engage in sexual acts with minors, order declining to resentence defendant is affirmed over claims of …

U.S. v. Lehmann, No. 06-3597 (8th Cir.) (513 F.3d 805) (January 17, 2008) (Per Curiam)

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

Filed under: Probation, Punch And Jurists

U.S. v. Lehmann, No. 06-3597 (8th Cir.) (513 F.3d 805) (January 17, 2008) (Per Curiam) by In a decision that shows the impact of the Supreme Court rulings in Gall and Kimbrough, the Eighth Circuit emphatically upheld a sentence of probation, after concluding that the district court's decision was procedurally …

U.S. v. Hughes, No. 03-4172 (4th Cir.) (396 F.3d 374) (January 24, 2005) (Judge William W. Jr. Wilkins)

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

Filed under: Sentencing, Punch And Jurists

U.S. v. Hughes, No. 03-4172 (4th Cir.) (396 F.3d 374) (January 24, 2005) (Judge William W. Jr. Wilkins) by

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (375 F.3d 810) (July 8, 2004) (Per Curiam)

Article • June 1, 2004 • from P&J January, 2003

Filed under: Habeas Corpus, Punch And Jurists

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (375 F.3d 810) (July 8, 2004) (Per Curiam) by

Bullington v. Missouri, No. 79-6740 (U.S. Supreme Court) (451 U.S. 430; 101 S.Ct. 1852) (May 4, 1981) (Justice Blackmun)

Article • March 28, 2004

Filed under: Sentencing, Punch And Jurists

Bullington v. Missouri, No. 79-6740 (U.S. Supreme Court) (451 U.S. 430; 101 S.Ct. 1852) (May 4, 1981) (Justice Blackmun) by Here a divided Court announced a narrow exception to the general rule that double jeopardy principles have no application in the sentencing context - on the grounds that the Double …

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (348 F.3d 815) (October 7, 2003) (Judge Ronald B. Leighton)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Habeas Corpus, Punch And Jurists

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (348 F.3d 815) (October 7, 2003) (Judge Ronald B. Leighton) by After the Board of Immigration Appeals affirmed an order removing petitioner alien because his state burglary conviction was an aggravated felony under 8 U.S.C. § 1101(a)(43)(G), he petitioned for a writ of …

U.S. v. Fields, No. 01-3141 (D.C. Cir.) (325 F.3d 286) (April 11, 2003) (Judge Stephen F. Williams)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Sentencing, Punch And Jurists

U.S. v. Fields, No. 01-3141 (D.C. Cir.) (325 F.3d 286) (April 11, 2003) (Judge Stephen F. Williams) by Defendants Thomas Fields and Bernard Johnson were convicted of a number of offenses including a narcotics conspiracy and a RICO conspiracy. The RICO conspiracy included, among other acts, narcotics conspiracy, attempted murder, …

Vincent v. Jones, No. 00-2441 (9th Cir.) (292 F.3d 506) (June 6, 2002) (Judge Joseph M. Hood)

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

Filed under: Habeas Corpus, Punch And Jurists

Vincent v. Jones, No. 00-2441 (9th Cir.) (292 F.3d 506) (June 6, 2002) (Judge Joseph M. Hood) by Petitioner, who had been convicted in a Michigan state court of first-degree murder, filed a habeas corpus petition pursuant to 28 U.S.C.S. § 2254 in the United States District Court for the …

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha)

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

Filed under: Sentencing, Punch And Jurists

U.S. v. Santos, No. 98-1344 (10th Cir.) (195 F.3d 549) (September 8, 1999) (Judge Deanell R. Tacha) by United States v. Jones, 194 F.3d 1178 (10th Cir. 1999) (Judge Lucero) United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (Judge Tacha) Both of these cases deal with the latest …

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall)

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

Filed under: Sentencing, Punch And Jurists

Gonzales v. Johnson, No. 3-96-CV-3326-X (N.D.Tex.) (994 F.Supp. 759) (November 21, 1997) (Judge Joe Kendall) by Case grants a writ of habeas corpus to a defendant after it determines that the sentencing judge improperly imposed a predetermined sentence. This is an appalling tale about one of those mythical hanging judges …