Search | Punch and Jurists

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hughey, No. 96-50925 (5th Cir.) (147 F.3d 423) (July 21, 1998) (Judge Harold R. Jr. DeMoss) by Following his appeal which led to the Supreme Court's decision in Hughey v. U.S., 495 U.S. 411 (1990), the same defendant again engaged in criminal activities which led to this appeal. …

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by This is an important Guidelines case on the meaning of the word "victims", holding that the term, as used in USSG § 5K2.3 applies only to the victims of the offense and …

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by The Court held that, despite the absence of any definition of the term "victim" in § 5K2.3, and the use of various definitions of that term in other sections of the Guidelines, …

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court upheld six year term of supervised release.

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by Court not authorizied to order restitution to the FBI as a condition of supervised release.

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …

U.S. v. Williams, No. 96-2557 (7th Cir.) (128 F.3d 1128) (October 30, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Williams, No. 96-2557 (7th Cir.) (128 F.3d 1128) (October 30, 1997) (Judge Michael S. Kanne) by United States v. Williams, 128 F.3d 1128 (7th Cir. 1997) (Judge Kanne) United States v. Cardoza, 129 F.3d 6 (1st Cir. 1997) (Judge Bownes) Here are two more cases that show the …

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval) by United States v. Baggett, 125 F.3d 1319 (9th Cir. 1997) (Judge Hall) United States v. Kunzman, 125 F.3d 1363 (10th Cir. 1997) (Judge Logan) United States v. Malpeso, 126 F.3d …

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Malpeso, No. 96-1716, No. 1485 (2nd Cir.) (126 F.3d 92) (September 16, 1997) (Judge Pierre N. Leval) by Case held that court may order restitution to cover Government's costs of relocating victims.

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway) by Here the Court held that district courts do not have subject-matter jurisdiction to review the ATF's refusal to investigate or act upon applications for restoration of firearms privileges for convicted felons. …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by Case held that the IRS is not a proper "victim" under the restitution statutes for purposes of recovering the costs it incurs in a sting operation. One of the issues raised on …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by In this case, the Government sought to have restitution paid to the Government for the costs that it incurred in a sting operation. The Court rejected that position, holding that the VWPA …

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young) by At first reading, this case presented Judge Young with the opportunity to present some rather intemperate views about how the Federal Debt Collection Act (18 U.S.C. § 3001 et seq.) should be utilized …

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya) by United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya) United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse) Both of these cases deal with some of …

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam) by Here the Court affirmed a sentencing error that led to a 16-month increase in prison time on the grounds that the increase was not significant - a ruling that Judge Rovner called "repugnant" to …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (108 F.3d 1019) (March 5, 1997) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Qualls, No. 95-50378 (9th Cir.) (108 F.3d 1019) (March 5, 1997) (Judge Robert R. Beezer) by Case held that the district court committed plain error by failing to instruct jury that it could only convict defendant for possessing those firearms that he was barred from possessing under state …

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin) by Case held that unless a state grants a complete restoration of the right to possess all firearms, the individual remains subject to federal prosecution as a felon in possession. In discussing the three …

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum) by Case held that it was an abuse of discretion to impose a sentence for a term greater than the defendant's life expectancy.

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young) by Although the court held that the defendant could not be sentenced as an armed career criminal because his civil rights had been substantially restored, he could be convicted as a felon in possession …

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt) by The defendant was convicted of being a felon in possession of a firearm. His sentence was enhanced for reckless endangerment during flight and he was ordered to pay $20,000 in restitution based on …