Search | Punch and Jurists

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton) by Case held that a person who possesses child pornography does not exploit a minor even though the materials "involved" the sexual exploitation of the minor by the producer.

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides)

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

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

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides) by This case points out a subtle nuance to § 5K2.0 - and its relationship to § 3B1.3 (abuse of position of trust). In this case, the district court imposed an upward departure …

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by Case held that the Guidelines do not prohibit applying sentence enhancements under both § 2F1.1(b)(4)(B) - formerly codified at § 2F1.1(b)(3)(B) - and § 3B1.3 of the Guidelines.

U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica)

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

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

U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica) by In this case, the Court holds that defendants convicted of violating the "schoolyard" statute (21 U.S.C. § 860) are not entitled to relief from the applicable mandatory minimum sentence under the "safety …

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman)

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

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

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by In this case a licensed gun dealer who sold more than 100 guns to others who then resold them was denied a two-level adjustment as a minor participant under § 3B1.2(b). On …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

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

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court held that the Government had failed to show "use" of a firearm because the evidence simply demonstrated that the defendant carried six pipe bombs along with drugs in his …

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman)

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

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

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by Case held that Section 2K2.1(b)(5) does not require knowledge of the specific offense to be committed, nor does it require that it be the purchasers of the guns who commit the other …

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell)

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

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

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by One of the issues in this case is whether the four level enhancement provided for in § 2K2.1(b)(5) (use of possession of a firearm in connection with another felony offense) requires that …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by While the court acknowledged that some courts have been "unwilling to make a broad generalization that those convicted of receiving child pornography also ordinarily abise children", it concluded that § 2G2.2 would …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

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

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by This multi-issue drug and gun case is cited for its holdings on two issues. In this case, the defendant was arrested in a car in which there were no drugs, but in …

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg)

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

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

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg) by Here the Court held that the Government failed to provide sufficient evidence that the defendant had distributed drugs within a school zone, when its evidence was only that the distance between his "address" …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

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

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by Case held that a "firearm must be immediately available for use - on the defendant or within his reach." (Id., at 623).

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss) by In this case the court discusses the "in the business" enhancement in the context of the defendant's claim that the enhancement only applies to "professional fences whose lifetime vocation involves the …

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester)

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

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

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester) by The Court in this case rejects the imposition of a sentencing enhancement based on § 4B1.3 because, even though the defendant may have obtained jobs illegitimately through fraud, his "primary occupation" and …

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt)

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

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

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by In directing remand, the Court did state that the sentencing court could consider using the reckless endangerment provisions of USSG § 3C1.2 to increase the defenedant's sentence - but it was improper …

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker) by Case held that conduct underlying a defendant's prior felony conviction could also be used to enhance the defendant's sentence based on his criminal history score and was not improper double counting. This …

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay)

Article • December 1, 1995

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

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay) by Case held that co-conspirator's possession of a firearm will support enhancement under USSG § 2D1.1(b)(1) for another co-conspirator if certain requirements are met. This case explores the two level enhancement contained in …

U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman) by Case held that it is not impermissible double counting to impose a two-level enhancement for abuse of position of trust [under § 3B1.3] as well as for "more than minimal planning" [under …

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam) by The 11th Circuit joins the majority of Circuits by holding that it is not improper double counting to enhance a defendant's sentence both for "more than minimal planning" under § 2F1.1 (b)(2)(A) and for …

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg)

Article • December 1, 1995

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

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg) by This case delves into the meaning of an abuse of a position of trust within the context of 18 U.S.C. § 656, which involves the misappropriation of bank funds by a bank officer. …