Search | Punch and Jurists

Dean v. U.S., No. 15-9260 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1170) (April 3, 2017) (Justice (John G.) Roberts)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Length of Sentence

Dean v. U.S., No. 15-9260 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1170) (April 3, 2017) (Justice (John G.) Roberts) by One of the most oppressive and frequently used mandatory minimum statutes is 18 U.S.C. § 924(c), which makes it a separate crime to use or possess a firearm …

U.S. v. Fry, No. 13-3502 (8th Cir.) (792 F.3d 884) (July 1, 2015) (Judge Steven M. Colloton)

Article • September 28, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Penalty for Going to Trial

U.S. v. Fry, No. 13-3502 (8th Cir.) (792 F.3d 884) (July 1, 2015) (Judge Steven M. Colloton) by A Minnesota jury convicted James Fry of five counts of securities fraud, four counts of wire fraud, and three counts of making false statements to the Securities and Exchange Commission, in connection …

U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson)

Article • June 23, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Increased Sentence on Appeal/Remand

U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson) by This remarkable decision needs little explanation, and even less commentary, than the words of the judges themselves. Start with Judge Thompson’s opening words on behalf of himself and Judge Sandra Lynch: “Sometimes …

U.S. v. LaDeau, No. 12-6611 (8th Cir.) (734 F.3d 561) (November 4, 2013) (Judge Richard Allen Griffin)

Article • November 18, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. LaDeau, No. 12-6611 (8th Cir.) (734 F.3d 561) (November 4, 2013) (Judge Richard Allen Griffin) by This ruling may well be the most significant decision of the year involving prosecutorial vindictiveness arising out of the Government’s misuse of its charging powers - a practice that is far more …

U.S. v. Horob, No. 11-30119 (9th Cir.) (735 F.3d 866) (November 7, 2013) (Per Curiam)

Article • November 18, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Same Sentence on Remand

U.S. v. Horob, No. 11-30119 (9th Cir.) (735 F.3d 866) (November 7, 2013) (Per Curiam) by Todd Horob, a long-time livestock buyer and cattle rancher, was convicted of numerous crimes arising out of various schemes he concocted to cover huge losses that he incurred while speculating in cattle futures. The …

U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy)

Article • August 22, 2011 • from P&J August, 2011

Filed under: Punch And Jurists, Vindictive Prosecution

U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy) by This case is really not an “Oh Really” skit from Saturday Night Live. But it should be. On February 10, 2009, Gerald Pittman was indicted on six counts of distribution of crack …

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan) by Ahmed Ghailani is one of the alleged terrorists who was charged with the bombing the U.S. Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania in 1998 and which …

U.S. v. Korey, No. Crim. No. 08-0039 (W.D.Pa.) (614 F.Supp.2d 573) (May 13, 2009) (Judge Gary L. Lancaster)

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

Filed under: Punch And Jurists, Vindictive Prosecution

U.S. v. Korey, No. Crim. No. 08-0039 (W.D.Pa.) (614 F.Supp.2d 573) (May 13, 2009) (Judge Gary L. Lancaster) by Here the Court dismissed an indictment with prejudice on the grounds that the Government had engaged in a vindictive prosecution by retaliating against the defendant because he successfully appealed a prior …

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (518 F.3d 722) (March 4, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (518 F.3d 722) (March 4, 2008) (Per Curiam) by For a commentary on this decision, see "Ruling on vindictive prosecution splits circuits," by Pamela A. MacLean, as posted on National Law Journal Online on March 17, 2008 at http://www.law.com/jsp/nlj/PubArticlePrinterFriendlyNLJ.jsp?id=1205491393969 as follows: SAN FRANCISCO …

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (494 F.3d 1135) (July 17, 2007) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (494 F.3d 1135) (July 17, 2007) (Judge Jr. William C. Canby) by Here a divided panel from the Ninth Circuit dismissed an indictment that charged the defendant with the crime of alien smuggling on the ground that the prosecutor’s conduct created the appearance …

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (504 F.3d 694) (September 25, 2007) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (504 F.3d 694) (September 25, 2007) (Judge Jr. William C. Canby) by Here a divided panel from the Ninth Circuit dismissed an indictment that charged the defendant with the crime of alien smuggling on the ground that the prosecutor’s conduct created the appearance …

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt) by Here, in a graphic example of the perils of winning an appeal, after his initial conviction and sentence of 210 months were vacated on appeal, the defendant was convicted on new charges …

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Barner, No. 04-13384 (11th Cir.) (441 F.3d 1310) (March 10, 2006) (Judge John R. Gibson) by This Eleventh Circuit appeal addressed an interesting claim of prosecutorial vindictiveness. After Javado Barner succeeded in getting the district court to dismiss most of the charges against him, the government obtained a …

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart)

Article • October 23, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart) by Here, the defendant, Paul Lewis Hayes, was charged with forgery, an offense which carried a two-to-ten-year prison sentence. During plea negotiations, the prosecutor offered to pursue a five year sentence …

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens)

Article • September 21, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Goodwin, No. 80-2195 (U.S. Supreme Court) (457 U.S. 368; 102 S.Ct. 2485) (June 18, 1982) (Justice Stevens) by In this case the Court held that a prosecutor's decision to file additional charges against a defendant after the defendant has refused to plead guilty does not give rise to …

Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart)

Article • September 5, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart) by Here the Court held that the rule from North Carolina v. Pearce and its progeny against vindictiveness, applied to the prosecutors as well as judges, and that it was improper …

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Gray, No. 04-80193 (E.D.Mich.) (382 F.Supp.2d 898) (May 10, 2005) (Judge Gerald E. Rosen) by A Federal prosecutor did not violate the defendant’s due process rights by charging him with Federal charges that carried a more onerous penalty after he rejected a plea agreement offered by the state …

U.S. v. Goldberg, No. 03-3955 (7th Cir.) (406 F.3d 891) (May 5, 2005) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Increased Sentence on Appeal/Remand

U.S. v. Goldberg, No. 03-3955 (7th Cir.) (406 F.3d 891) (May 5, 2005) (Judge Richard A. Posner) by In this decision, Judge Posner forcefully suggested that nothing in the law prevents a judge from increasing a defendant’s sentence on a Booker remand. Numerous commentators have suggested that there are both …

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff) by Defendant moves to dismiss a superseding indictment charging a drug conspiracy on the ground of prosecutorial vindictiveness. Shortly before defendant's trial on a single, low-level narcotics charge, the court ruled inadmissible …

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart)

Article • January 9, 2004

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart) by Here the Court held that the Due Process Clause of the Fifth Amendment requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no …