Search | Punch and Jurists

U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr) by Case affirmed a multiple victim enhancement under USSG § 2F1.1(b)(2)(B), rejecting defendant's claim that the bankruptcy trustee was the only victim (id., at 531).

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley) by Court refused to infer that a gun seized from a defendant known to have been involved in the drug trade for months was carried in car for the purpose of faciltating a …

U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black) by Case held that Government deprived property owner of due process through its ex parte seizure of property under civil forfeiture statute where there were no exigent circumstances to …

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Breach of trust

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Court ruled that enhancement for "conscious or reckless risk of serious bodily injury" contained in USSG § 2F1.1(b)(4) could not be applied to crimes committed prior to enactment of Guideline …

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold) by The issue in this case was whether the district court had erred by imposing a two-level sentence enhancement, pursuant to U.S.S.G. § 2D1.1(b)(1). The Eleventh Circuit ruled that the district court had …

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach) by Although the court acknowledged that death and bodily injury are factors that may justify an upward departure, it reversed such a departure because the court made no findings that such elements were …

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker) by One of the issues raised in this case was the validity of a four point enhancement that was imposed for the use of a dangerous weapon under U.S.S.G. § 2A2.2(b)(2)(B). Here, the …

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Double Counting

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker) by

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Double Counting

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson) by Here the defendant received a sentence enhancement of four points for use of a dangarous weapon - namely a car. In reejecting his claim of impermissible double counting, the Court concluded that …

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Double Counting

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum) by Court held that sentencing court did not engage in impermissible double counting by imposing enhancements under USSG § 4A1.1(d) after it had already imposed enhancements for the same conduct under § 4A1.1(c) …

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam) by See also U.S. v. Cleveland, 106 F.3d 1056 (1st Cir. 1997). In this case, the defendant, a bailiff working for the local Sheriff's office, pled guilty to knowingly using and carrying a firearm in …

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell) by See also U.S. v. Muscarello, 106 F.3d 636 (5th Cir. 1997). Case is noted because it is one of two cases that the Supreme Court has agreed to hear to resolve the …

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis) by Here's another "safety valve" case under the Guidelines - and this one is significant because of its holding that the defendant's possession of a firearm in connection with a prior drug dealing …

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley) by One of the issues raised in this case was the constitutional validity of the so-called "Schoolyard Statute" (21 U.S.C. § 860(a)) which provides that if a defendant is convicted of committing a …

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman) by Court held that Judge Weinstein erred as a matter of law in holding that it was not reasonably forseeable that the defendant's co-conspirators would discharge their weapons during a robbery.

U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively) by Case held that evidence was insufficient to support finding that defendant carried a firearm during and in relation to a drug trafficking offense where unloaded gun was found in zippered gym back in …

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg) by Court refused to rule that Drug Free Schoolyard Zones Act violated the Commerce Clause. In this case, the defendant challenged the constitutionality of his conviction under the Drug Free School- Zones Act (21 …

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy) by "There is sufficient support in the record for the district court's decision to impose the four level increase under U.S.S.G. SS 2B1.1(b)(4)(B). Truman's Auction in Tallequah Oklahoma was a business which received …

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy) by Here the Court affirmed the imposition of a fencing enhancement under § 2B1.1(b)(4)(B) because the Court found that the defendant received and sold stolen goods for profit over an extended period of …