Search | Punch and Jurists

U.S. v. Salazar-Flores, No. 99-50956 (5th Cir.) (238 F.3d 672) (January 25, 2001) (Judge Reynaldo G. Garza)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Salazar-Flores, No. 99-50956 (5th Cir.) (238 F.3d 672) (January 25, 2001) (Judge Reynaldo G. Garza) by The defendant in this case was charged by indictment with one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841. At the same time it filed …

U.S. v. Eschman, No. 00-1395 (7th Cir.) (227 F.3d 886) (September 14, 2000) (Judge Ann Claire Williams)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Eschman, No. 00-1395 (7th Cir.) (227 F.3d 886) (September 14, 2000) (Judge Ann Claire Williams) by

U.S. v. Scheele, No. 99-30388 (9th Cir.) (231 F.3d 492) (November 2, 2000) (Judge Stephen Reinhardt)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Scheele, No. 99-30388 (9th Cir.) (231 F.3d 492) (November 2, 2000) (Judge Stephen Reinhardt) by This case presents a compelling argument for the minority view among the Circuits that there are burden of proof limits on the uninhibited use of "judicial estimates" when determining the amount of drugs …

U.S. v. Payne, No. 99-3458 (7th Cir.) (226 F.3d 792) (September 1, 2000) (Judge Ilana Diamond Rovner)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Payne, No. 99-3458 (7th Cir.) (226 F.3d 792) (September 1, 2000) (Judge Ilana Diamond Rovner) by

Conant v. McCaffrey, No. 97-00139 (N.D.Cal.) (2000 WL 1281174) (September 7, 2000) (Judge William Haskell Alsup)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Marijuana Laws/Issues

Conant v. McCaffrey, No. 97-00139 (N.D.Cal.) (2000 WL 1281174) (September 7, 2000) (Judge William Haskell Alsup) by Ever since California adopted Proposition 215 (also called the Compassionate Use Act), the DEA has been at war with doctors who recommend the use of marijuana for medical purposes. The DEA’s position has …

U.S. v. Mannino, No. 98-1748 (3rd Cir.) (212 F.3d 835) (May 15, 2000) (Judge Theodore A. McKee)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Mannino, No. 98-1748 (3rd Cir.) (212 F.3d 835) (May 15, 2000) (Judge Theodore A. McKee) by This is an instructive case dealing with motions to vacate, set aside or correct sentences pursuant to 28 U.S.C. § 2255. The two defendants in this case were convicted for their roles …

U.S. v. Gallo, No. 98-4381 (11th Cir.) (195 F.3d 1278) (November 17, 1999) (Judge Stanley Marcus)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Gallo, No. 98-4381 (11th Cir.) (195 F.3d 1278) (November 17, 1999) (Judge Stanley Marcus) by In this case, the Eleventh Circuit held that there are different standards that apply to the use of the two-level sentence enhancement called for by U.S.S.G. § 2D1.1(b)(1). For defendants who were actually …

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin) by Here the Court held that in order to determine the appropriate sentence for a member of a conspiracy the court must make an individualized assessment of the defendant's agreement with the conspiracy. …

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood) by This case deals with a common sentencing problem: How does one fight the prevalent practice of using “estimates” or “averages” at sentencing hearings to determine the amount of drugs, or money, or …

U.S. v. Oakland Cannabis Buyers' Cooperative, No. 98-16950 (9th Cir.) (190 F.3d 1109) (September 13, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Oakland Cannabis Buyers' Cooperative, No. 98-16950 (9th Cir.) (190 F.3d 1109) (September 13, 1999) (Per Curiam) by In the eyes of the Government, the Ninth Circuit has often been considered a dangerous, run-away maverick court. Two years ago, for example, the Supreme Court reversed 27 of the Court's …

Kuromiya v. U.S., No. Civ. A. 98-3439 (E.D.Pa.) (37 F.Supp.2d 717) (March 10, 1999) (Judge Marvin Katz)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Marijuana Laws/Issues

Kuromiya v. U.S., No. Civ. A. 98-3439 (E.D.Pa.) (37 F.Supp.2d 717) (March 10, 1999) (Judge Marvin Katz) by In this suit brought by individuals who sought to use marijuana for medicinal purposes, the Court rejected a broad series of constitutional challenges to the validity of the Controlled Substance Act. The …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by This is an interesting case which addresses a fairly common issue: Can a defendant in a drug case assert that he has a due process right to be sentenced on the basis …

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi) by Here the Court held that to establish that a defendant possessed an unregistered firearm in violation of 26 USC § 5861(d), the Government must prove that the defendant knew of the particular …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by QUOTE OF THE WEEK - In 1993, Judge Jack B. Weinstein of the Eastern District of New York addressed the mens rea issues involved in the sentencing of two drug mules who …

U.S. v. Clavijo, No. 97-5197 (11th Cir.) (165 F.3d 1341) (January 29, 1999) (Per Curiam)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Clavijo, No. 97-5197 (11th Cir.) (165 F.3d 1341) (January 29, 1999) (Per Curiam) by In this case the Eleventh Circuit addressed the question of whether a defendant can be precluded from receiving a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 based on co-conspirator liability. The facts established …

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith) by Here the Court remanded a drug case for resentencing because the weight of the drugs adopted by the district court required the imposition of a life sentence - whereas 11 grams less …

U.S. v. Cambrelen, No. CR 96-1044 (E.D.N.Y.) (29 F.Supp.2d 120) (December 1, 1998) (Judge Eugene H. Nickerson)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Sting Operations

U.S. v. Cambrelen, No. CR 96-1044 (E.D.N.Y.) (29 F.Supp.2d 120) (December 1, 1998) (Judge Eugene H. Nickerson) by Equating the Government's activites in this case to a reverse sting operation, the Court rejected the Government's argument that the defendant should be held accountable for the full quantity of drugs in …

U.S. v. Hull, No. 97-20557 (5th Cir.) (160 F.3d 265) (November 10, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Hull, No. 97-20557 (5th Cir.) (160 F.3d 265) (November 10, 1998) (Judge Jerry E. Smith) by Ten years after the Sentencing Guidelines became binding on all sentences imposed in the Federal system, the courts still struggle with the concept that a person can be convicted of one crime …

U.S. v. Cannabis Cultivators Club, No. C 98-0085 CRB (N.D.Cal.) (5 F.Supp.2d 1086) (May 13, 1998) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Cannabis Cultivators Club, No. C 98-0085 CRB (N.D.Cal.) (5 F.Supp.2d 1086) (May 13, 1998) (Judge Charles R. Breyer) by In his ruling, Judge Breyer emphasized that he was not ruling on the legality of the possession of marijuana by patients whose doctors recommended its use, only the distribution …

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever) by Case held that evidence did not support finding that drug sales made by defendant's friend to Government agent were jointly undertaken by defendant so as to justify attribution to the defendant.