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U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Plain Error

U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero) by The Defendant in this case, Miguel Bustamante-Conchas, was indicted on two drug distribution charges and a charge of possession of a firearm during and in relation to a drug-trafficking crime. He was convicted …

U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl)

Article • June 10, 2013 • from P&J June, 2013

Filed under: Punch And Jurists, Plain Error

U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl) by This is a noteworthy decision in which the First Circuit vacated a conviction for a single count of possession of a stolen firearm in violation of 18 U.S.C. § 922(j) on the …

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Plain Error

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston) by A 78-month prison term for wire fraud is affirmed against contentions of procedural and substantive unfairness, where: 1) the district court did not commit plain error by allegedly inadequately considering the 18 …

U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor)

Article • May 11, 2012

Filed under: Punch And Jurists, Plain Error

U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor) by This is one of the Court's leading cases on the distinctions between plain and harmless error as used in Fed.R.Crim.P. 52(a) and (b) when the defendant has failed to make …

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Plain Error

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia) by The question before the Court in this case was whether the plain error standard of review set forth in Rule 52(b) applies when a prosecutor breaches a plea agreement that …

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert) by William Morena appealed from a jury verdict that found him guilty of being a felon in possession of a firearm and possession of an unregistered sawed-off shotgun with a barrel of less …

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist)

Article • April 28, 2007 • from P&J May, 1999

Filed under: Punch And Jurists, Plain Error

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by While the Court agreed that in financial fraud crimes (tax, wire, mail and bank fraud) the issue of materiality is an element of the crime that must be submitted to …

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman) by In this case, Coffey objected to the district court increasing his mandatory guidelines sentence on the basis of the evidence before it, asserting that it was insufficient to establish any drug quantity. …

U.S. v. Cardwell, No. 03-4585 (4th Cir.) (433 F.3d 378) (December 30, 2005) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Cardwell, No. 03-4585 (4th Cir.) (433 F.3d 378) (December 30, 2005) (Judge Karen J. Williams) by U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy) U.S. v. Cardwell, 433 F.3d 378 (4th Cir. Dec. 30, 2005) (Judge Williams) U.S. v. Hankton, 432 F.3d 779 …

U.S. v. Antonakopoulos, No. 03-1384 (1st Cir.) (399 F.3d 68) (February 22, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Antonakopoulos, No. 03-1384 (1st Cir.) (399 F.3d 68) (February 22, 2005) (Judge Sandra L. Lynch) by In reviewing the impact of U.S. v. Booker on sentencing, the Court observed that: "The mandatory nature of the Guidelines has produced particular results which led trial judges to express that the …

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam) by This decision is noted for Judge Hill's concurring opinion in which he railed against the Eleventh Circuit's exceptionally rigid policy of denying most Booker appeals. On that issue, he stated in part: "In supplemental …

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon) by This case is noted for Judge Tjoflat’s caustic concurring opinion in which he castigated as “bad law” and “wrong when it was decided,” the Eleventh Circuit’s decision in U.S. v. Rodriguez, 398 …

U.S. v. Ameline, No. 02-30326 (9th Cir.) (409 F.3d 1073) (June 1, 2005) (Judge Johnnie B. Rawlinson)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Ameline, No. 02-30326 (9th Cir.) (409 F.3d 1073) (June 1, 2005) (Judge Johnnie B. Rawlinson) by Previously, in U.S. v. Ameline, 400 F.3d 646 (9th Cir. Feb. 9, 2005) (Ameline I) (P&J, 01/24/05), a three-judge panel from the Ninth Circuit held that the defendant’s sentence - which was …

U.S. v. Davis, No. 02-4521 (3rd Cir.) (407 F.3d 162) (April 28, 2005) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Davis, No. 02-4521 (3rd Cir.) (407 F.3d 162) (April 28, 2005) (Judge Anthony J. Scirica) by In this case, the Third Circuit spelled out its views regarding remands for resentencing in light of Booker. In rejecting the Government’s motion for an en banc rehearing of an earlier decision …

U.S. v. Pirani, No. 03-2971 (8th Cir.) (406 F.3d 543) (April 29, 2005) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Pirani, No. 03-2971 (8th Cir.) (406 F.3d 543) (April 29, 2005) (Judge James B. Loken) by Here, over the dissent of four judges, the majority of the en banc court held: "In this case, we apply the Supreme Court's recent decision in United States v. Booker, 160 L. …

U.S. v. Rodriquez, No. 04-12676 (11th Cir.) (406 F.3d 1261) (April 19, 2005) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Rodriquez, No. 04-12676 (11th Cir.) (406 F.3d 1261) (April 19, 2005) (Judge James Larry Edmondson) by In this case (Rodriguez II), Judge Carnes lashed out at some of the growing criticism of his rigid plain-error stance on Booker appeals. Earlier, in a decision written by Judge Carnes and …

U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins) by Defendant appealed the judgment of the United States District Court for the District of Maryland, at Greenbelt, convicting him of three counts of bankruptcy fraud, in violation of 18 U.S.C. § …

U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell) by Defendants, a leader, a financial manager, an international financier, and a sales and customer service representative, were convicted of conspiracy to commit wire fraud, wire fraud, securities fraud, and/or money laundering in …

U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam) by Here, the D.C. Circuit became the third Circuit Court to adopt the "middle" position of "let's ask when in doubt" plain-error standard when deciding whether to remand a case based on a claimed Booker …

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha) by Appellant pleaded guilty to illegal reentry by a deported alien and in determining his sentence, the U.S. District Court for the District of New Mexico did not rely upon judge-found facts, but …