Search | Punch and Jurists

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam) by The issue raised in this case was whether Congress had exceeded its powers under the Commerce Clause in enacting 18 U.S.C. § 922(o), which criminalizes even the wholly intrastate possession of a machinegun. The …

U.S. v. Rybar, No. 95-3185 (3rd Cir.) (103 F.3d 273) (December 30, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Rybar, No. 95-3185 (3rd Cir.) (103 F.3d 273) (December 30, 1996) (Judge Dolores K. Sloviter) by The defendant in this case, a federally licensed firearms dealer, entered a conditional guilty plea to the crimes of unlawful possession of a machine gun in violation of 18 U.S.C. § 922(o)(1) …

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder) by The rather technical sentencing issue raised in this case was whether the district court could impose a sentencing enhancement, under U.S.S.G. § 2K2.1(b)(4) for unconvicted conduct involving firearms that had obliterated serial …

U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion) by Although the defendant lost this appeal, he raised some of the most creative arguments we have seen challenging the constitutionality of 18 U.S.C. § 922(g)(1). That statute prohibits any person who has …

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy) by The defendant in this case was convicted of both a drug crime and a gun charge under 18 U.S.C. § 924(c); but the gun conviction was subsequently vacated based on the Bailey …

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio) by One of the issues raised in this case was a claim by two defendants that, following their successful appeal of a gun charge under the Bailey ruling, the district court was precluded …

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker) by The most significant aspect of this decision is the strong dissent by Judge Edith H. Jones in which she states that there is "no meaningful distinction between [18 U.S.C.] Section 922(q) and …