Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Here the Court held that the sentencing enhancement contained in § 2D1.1(b)(1) did not apply where the weapon was used to rob co-conspirators, which was not in furtherance of the drug conspiracy but instead adverse to the interests of the conspiracy.
This is another Guidelines case that deals with the ...
Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Case examines differences between USSG §§ 2B1.1 and 2F1.1 for purposes of calculating loss.
This case is noted because it describes a subtle but significant difference between the calculation "losses" under U.S.S.G. § 2B1.1 [which relates to theft cases] and the calculation of "losses" under U.S.S.G. § 2F1.1 [which relates ...
Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Although the Court affirmed the conviction in this case, it held that to prove a defendant "used" a gun during and in relation to the underlying crime, it must prove that he "intended" that the weapon would be available for use during the crime.
Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Here the Court joined with a majority of the Circuits in holding that the failure to advise a defendant of his right to appeal in violation of old Rule 32(a)(2) [now 32(c)(5)] constitutes per se error that requires vacation of the sentence.
In this decision, the D.C. Circuit joins a ...
Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Relying principally on U.S. v. Powell, 496 U.S. 57 (1984), the court held that inconsistent verdicts - even verdicts that acquit on predicate offenses - do not give rise to a right to a new trial or a right to acquittal on a related count.
Case held that acquittal on ...
Loaded on
July 1, 1996
published in Punch and Jurists
July 29, 1996
Court held that "because section 1582 contains no reasonable cause requirement, the other circuits [which have addressed the issue] have held that it authorizes customs agents to search incoming international mail at will, as long as they follow the applicable regulations. We conclude . . . That these other circuits ...