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U.S. v. Laughlin, No. 12-cr-30081 (C.D.Ill.) (942 F.Supp.2d 859) (April 23, 2013) (Judge Richard Mills)

Article • January 20, 2014 • from P&J January, 2014

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Laughlin, No. 12-cr-30081 (C.D.Ill.) (942 F.Supp.2d 859) (April 23, 2013) (Judge Richard Mills) by

U.S. v. Saani, No. 09-3138 (D.C. Cir.) (650 F.3d 761) (July 8, 2011) (Judge Douglas Ginsburg)

Article • November 14, 2011 • from P&J November, 2011

Filed under: Punch And Jurists, Fifth Amendment Concerns

U.S. v. Saani, No. 09-3138 (D.C. Cir.) (650 F.3d 761) (July 8, 2011) (Judge Douglas Ginsburg) by Here the Court vacated a sentence because it was unclear whether the sentencing court, in denying credit for acceptance of responsibility, improperly considered the defendant’s refusal to discuss matters covered by his Fifth …

U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson)

Article • August 23, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson) by Here the Court denied a Rule 29 motion based on the Government’s failure to disclose the transcripts of certain SEC depositions, but sharply criticized it, stating it was “mystified” by its failure to …

U.S. v. Reeves, No. 08-2966-cr (L) (2nd Cir.) (591 F.3d 77) (January 7, 2010) (Judge Barrington D. Jr. Parker)

Article • March 22, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Romantic Relationship

U.S. v. Reeves, No. 08-2966-cr (L) (2nd Cir.) (591 F.3d 77) (January 7, 2010) (Judge Barrington D. Jr. Parker) by Here the Court struck down as constitutionally vague and not reasonably related to the goals of sentencing a special condition of supervised release that required the defendant th inform the …

U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt) by This is an interesting ruling that addresses a recurring issue: Is a defendant required to provide the Probation Office with information that the officer deems necessary to complete the defendant’s presentence report? In …

U.S. v. Howard, No. 05-10469 (9th Cir.) (447 F.3d 1257) (May 25, 2006) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Probation Officers

U.S. v. Howard, No. 05-10469 (9th Cir.) (447 F.3d 1257) (May 25, 2006) (Judge Jay S. Bybee) by Here, the Ninth Circuit reversed Curtis Howard’s conviction for being a felon in possession of a firearm - after concluding that his probation officer did not have probable cause to conduct a …

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard) by After his conviction, the defendant argued on appeal that the Government had violated his due process rights by withholding critical evidence about the background of one of its informants who testified at …

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt)

Article • October 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Disclosure Obligations

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt) by Petitioner inmate moved under Fed. R. Civ. P. 60 for relief from his conviction and sentence for tax evasion and money laundering, inter alia. Defendant United States opposed the motion. The inmate …

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood) by The defendant in this case, Humberto Cruz Alvarado (“Cruz”), was convicted of a drug crime; and he was sentenced to the applicable five-year mandatory minimum sentence. On appeal, Cruz argued that the …

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson) by Here the Court held that, “while a defendant seeking safety valve relief is not obliged to submit to an interview with the Government, . . . a defendant who declines to offer …

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher) by In this case the Court considered the significance of Apprendi v. New Jersey, 530 U.S. 466 (2000), in a realm other than sentencing. The defendant, Gary W. Minore, challenged the validity of …

Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger)

Article • February 8, 2002

Filed under: Punch And Jurists, Disclosure Obligations

Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger) by In this case an assistant to the prosecutor secretly promised the Government's only witness that he would avoid prosecution if he testified on the state's behalf, but did not reveal …

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer)

Article • March 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer) by Here the Court affirmed the denial of an acceptance of responsibility sentence reduction, even though it also held that it was improper to impose an enhancement for obstruction of justice based on …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

U.S. v. Conde, No. 98-1364 (2nd Cir.) (178 F.3d 616) (June 2, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Conde, No. 98-1364 (2nd Cir.) (178 F.3d 616) (June 2, 1999) (Judge Amalya Lyle Kearse) by Citing the Fourth Circuit's decision in U.S. v. Ivester, 75 F.3d 182, 184 (4th Cir. 1996), the Court emphasized that the disclosure obligations under ther safety-valve provision are different than under the …

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker) by In this case, the defendant was indicted on charges that included conspiracy to distribute marijuana. In proffer sessions held soon after his indictment, he lied to prosecutors about the scope of the …

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken) by The single issue addressed in this case was whether the defendant qualified for the "safety valve" relief under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, after she repeatedly lied to the …

U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay) by For other cases in accord with this decision, see U.S. v. Shrestha, 86 F.3d 935 (9th Cir. 1996); U.S. v. Tournier, 171 F.3d 645 (8th Cir. 1999); and U.S. v. Schreiber (Bianco), …

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that the Government's statement at sentencing that defendant was not being truthful regarding additional quantities of drugs involved in his offense was not sufficient to bar defendant's eligibility for safety …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by In granting a safety valve departure, the court emphasized that the defendants need only disclose what is known and that the Government cannot simply say "We don't believe the defendant" and …