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Punch and Jurists: July 29, 1996

Issue PDF
Volume 3, Number 31

In this issue:

  1. U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl) (p None)
  2. U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti) (p None)
  3. U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour) (p None)
  4. Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner) (p None)
  5. U.S. v. Sims, No. 96-1068 (7th Cir.) (144 F.3d 1082) (May 22, 1998) (Judge Diane P. Wood) (p None)
  6. U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain) (p None)

U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl)

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 ...

U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti)

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 ...

U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour)

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.

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner)

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 ...

U.S. v. Sims, No. 96-1068 (7th Cir.) (144 F.3d 1082) (May 22, 1998) (Judge Diane P. Wood)

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 ...

U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain)

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 ...