Search | Punch and Jurists

U.S. v. Chan, No. 94-50585 (9th Cir.) (97 F.3d 1582) (October 18, 1996) (Judge Edward Leavy)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Chan, No. 94-50585 (9th Cir.) (97 F.3d 1582) (October 18, 1996) (Judge Edward Leavy) by The defendant in this case signed a Type B plea agreement, which means that she was bound by the guilty plea regardless of whether or not the court chose to follow the Government's …

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings)

Article • November 1, 1996 • from P&J November, 1996

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

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings) by One of the issues raised in this appeal from a drug conviction was whether the district court properly imposed a four-level sentence enhancement under U.S.S.G. § 2K2.1(b)(5) based on mere proximity to …

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Another Guidelines case - and another reversal for Judge Fuste. Here he gets chastised, among other things, for blindly accepting the Government's position by denying a defendant a sentence reduction pursuant to U.S.S.G. …

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby) by This is an important gun case that involves the use of the extraordinary consecutive sentences that flow from the use of machine guns during and in relation to a drug trafficking …

U.S. v. Chalarca, No. 96-1171, No. 1942 (2nd Cir.) (95 F.3d 239) (September 12, 1996) (Judge Roger J. Miner)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Chalarca, No. 96-1171, No. 1942 (2nd Cir.) (95 F.3d 239) (September 12, 1996) (Judge Roger J. Miner) by This drug sentencing case focuses on the subtle distinctions between subsections (1)(A) and (1)(B) of U.S.S.G. § 1B1.3 (relevant conduct). Under subsection (1)(A) a defendant is accountable for all quantities …

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Notice - Adequacy of

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam) by While the government's failure to approve the DEA's seizure in this case turned on the lack of adequate notice to the claimants, the facts are illustrative of the Court's view …

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani) by In this case, the defendant created and controlled a corporation through which he received commissions on premiums obtained from the sale of fraudulent insurance policies. The defendant would defraud small business owners …

U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr) by This decision contains a detailed review of a frequently recurring and important issue: Can a defendant qualify for an "acceptance of responsibility" sentence reduction under § 3E1.1 of the Guidelines without becoming …

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

Article • September 1, 1996 • from P&J September, 1996

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

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins) by Case held that although defendant did not actively "use" a gun in connection with his marijuana crime, he could be charged with a weapon enhancement under § 2K2.1(b)(5) under the "possession" prong …

U.S. v. Branch, No. 94-50437 (5th Cir.) (91 F.3d 699) (August 2, 1996) (Judge Patrick E. Higginbotham)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Branch, No. 94-50437 (5th Cir.) (91 F.3d 699) (August 2, 1996) (Judge Patrick E. Higginbotham) by This lengthy decision results from an appeal by six of the unburned Branch Davidian survivors of the tragic "firefight" at Waco, Texas who were convicted of various federal crimes for their roles …

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly) by Here's another case that addresses the growing efforts by defendants to mitigate the onerous sentences that the Government seeks to impose though its indiscriminate use of money laundering charges in virtually every …

U.S. v. Davis, No. 96-1143(L) (2nd Cir.) (114 F.3d 400) (June 12, 1997) (Per Curiam)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Commission of Offenses While on Release

U.S. v. Davis, No. 96-1143(L) (2nd Cir.) (114 F.3d 400) (June 12, 1997) (Per Curiam) by When they want you, they'll get you. Here the district court (Judge Elfvin) refused to impose a three level enhancement for committing an additional crime while on bail release because the language contained in …

U.S. v. Kirvan, No. 95-1251 (2nd Cir.) (86 F.3d 309) (June 18, 1996) (Judge Richard J. Cardamone)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Kirvan, No. 95-1251 (2nd Cir.) (86 F.3d 309) (June 18, 1996) (Judge Richard J. Cardamone) by The defendant in this case was convicted of bank robbery, and at his sentencing the court increased his sentence by five levels, pursuant to the provisions of § 2B3.1(b)(2)(C), because he "brandished, …

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

Article • July 1, 1996 • from P&J July, 1996

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

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

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele)

Article • July 1, 1996 • from P&J July, 1996

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

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele) by After the defendant in this case was found guilty of certain drug crimes and of "using" a machine gun during the commission of a drug trafficking crime, the Supreme Court announced its decision …

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

Article • July 1, 1996 • from P&J July, 1996

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

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

U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam)

Article • June 1, 1996 • from P&J June, 1996

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

U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam) by Late last year the Supreme Court issued its decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995), which held that a defendant cannot be convicted, under 18 U.S.C. § 924(c), of "using" …

Gaeta v. U.S., No. Civ. No. 94-11911-JLT (D.Mass.) (921 F.Supp. 864) (March 18, 1996) (Judge Joseph L. Tauro)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Notice - Adequacy of

Gaeta v. U.S., No. Civ. No. 94-11911-JLT (D.Mass.) (921 F.Supp. 864) (March 18, 1996) (Judge Joseph L. Tauro) by This case involved Rule 32(a)(2) of the Fed.R.Crim.P. which requires the court to inform the defendant of his right to appeal. Here, the court opted for strict compliance with the Rule …

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse)

Article • May 1, 1996 • from P&J May, 1996

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

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse) by This case shows clearly the difference between a conviction under 18 U.S.C. § 924(c) and a sentence enhancement under U.S.S.G. § 2D1.1(b)(1). First, relying on the Bailey case, the court …

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell)

Article • May 1, 1996 • from P&J May, 1996

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

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell) by One of the issues raised in this case was the use of a gun enhancement under U.S.S.G. § 2D1.1(b)(1). The defendant argued that the Supreme Court's decision in Bailey v. U.S., 133 …