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Punch and Jurists: December 30, 1996

Issue PDF
Volume 3, Number 53

In this issue:

  1. U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett) (p None)
  2. U.S. v. Carmack, No. 96-1568 (7th Cir.) (100 F.3d 1271) (November 15, 1996) (Judge Terrence T. Evans) (p None)
  3. U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson) (p None)
  4. U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella) (p None)
  5. Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager) (p None)

U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett)

Here the Court strongly condemned the philosophy that a defendant must meekly and silently "accept any punishment that the government chooses to mete out, however incommensurate with the underlying conduct" to receive a ยง 3E1.1 reduction.

This is an important case dealing with the concept of reductions in a sentence ...

U.S. v. Carmack, No. 96-1568 (7th Cir.) (100 F.3d 1271) (November 15, 1996) (Judge Terrence T. Evans)

Here the Court upheld a sentence increase based on the "foggy" memory of a drug user informant on the theory that it is unrealistic to expect government witnesses to possess the credibility of people of the cloth such as rabbis and priests.

This case takes on special meaning when viewed ...

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson)

In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" that the co-defendant had received a sentence of 31 months in a different court, while the Government was seeking ...

U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella)

This is an interesting case about an important statute that controls the right of a defendant to obtain access to jury selection records in connection with his claim that he was denied the right to a jury selected at random from a fair cross-section of the community, as guaranteed by ...

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager)

Although we normally don't comment on cases decided by the Federal Court of Appeals, we felt this case deserved mention because it deals with a recurring problem in our criminal justice system - namely, the reneging on promises made to snitches to induce them to provide the Government with the ...