Search | Punch and Jurists

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw) by Here a divided Court reversed and remanded an illegal re-entry conviction (prosecuted under the S.D.Cal.'s "fast track" program) because the district court improperly excluded an 85-day pre-indictment delay from the Speedy Trial …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • June 29, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by In this case the Court held that a three-year preindictment delay was not violative of Due Process - and since then most courts have interpreted this decision as erecting a …

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall)

Article • June 17, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall) by In its last detailed analysis on the topic, the Court severely limited the rights of defendants to complain about pre-indictment delay by requiring proof of both actual prejudice and an …

U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer) by In this case the defendants were arrested on November 4, 1993 for their roles in stealing mail from the U.S. Postal Service, but they were not indicted until nearly five years later, …

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez) by In this case the defendant was charged with two counts of possessing a firearm in violation of 18 USC § 922(g)(1) on the basis that he possessed multiple firearms at each of …

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Baxt, No. Crim. No. 99-75 (D.N.J.) (74 F.Supp.2d 425) (October 26, 1999) (Judge Stephen M. Orlofsky) by The Court summarized its views by stating: " I find that the Defendant, Paul Baxt, has not demonstrated that the Government's delay in bringing the indictment in this case was caused …

U.S. v. Ramirez, No. 98-3945 (7th Cir.) (182 F.3d 544) (June 25, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Ramirez, No. 98-3945 (7th Cir.) (182 F.3d 544) (June 25, 1999) (Judge Ilana Diamond Rovner) by This is a mildly surprising decision in which the Seventh Circuit vacated a gun conviction under 18 U.S.C. § 924(c) on the grounds that the Government's proof at trial and the instructions …

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker) by This is a significant case that explores two important issues. The first was whether a superseding indictment "relates back" to the filing date of the original indictment for the purposes of …

U.S. v. Miller, No. 96-2224 (6th Cir.) (161 F.3d 977) (November 20, 1998) (Judge Jon Phipps McCalla)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Miller, No. 96-2224 (6th Cir.) (161 F.3d 977) (November 20, 1998) (Judge Jon Phipps McCalla) by This case, and the Court's subsequent decision in U.S. v. Shabazz, No. 99-2388 (6th Cir. 8/30/2001), comprise a detailed analysis of the scope and meaning of the provisions of USSG § 2X3.1 …

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Surplusage

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman) by This decision is one of three related decisions by Judge Friedman addressing a series of pretrial motions filed in a high-profile illegal campaign contribution case. Because there were allegations that the …

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman) by This decision is one of three related decisions by Judge Friedman addressing a series of pretrial motions filed in a high-profile illegal campaign contribution case. Because there were allegations that the …

U.S. v. Lucas, No. 97-60577 (5th Cir.) (157 F.3d 998) (October 9, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Lucas, No. 97-60577 (5th Cir.) (157 F.3d 998) (October 9, 1998) (Judge Jerry E. Smith) by Here the court held that even through a warden pled guilty to a misdemeanor, the nature of his crime was a felony rape of the inmate since, in in position as warden, …

U.S. v. Sherman, No. 97-7073 (3rd Cir.) (150 F.3d 306) (July 30, 1998) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Recantation

U.S. v. Sherman, No. 97-7073 (3rd Cir.) (150 F.3d 306) (July 30, 1998) (Judge Theodore A. McKee) by Here the court held that a prosecutor's decision to charge the defendant under § 1621 rather than § 1623 did not improperly deny the defendant of a defense of recantation; and thus …

U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly) by Case held that charging the same conduct under both the false statement and fraudulent concealment provisions of the bankruptcy fraud statute does not render the indictment multiplicious.

U.S. v. Manning, No. 96-1797 (6th Cir.) (142 F.3d 336) (April 17, 1998) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Manning, No. 96-1797 (6th Cir.) (142 F.3d 336) (April 17, 1998) (Judge Leroy J. Jr. Contie) by Here the Court explained: "A constructive amendment to the indictment occurs when "the terms of the indictment are in effect altered by the presentation of evidence and jury instructions which so …

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian) by Court held that defendant was not sufficiently prejudiced by unavailability of trial witness to establish that a pre-indictment of delay of eight years violated his due process rights.

U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Sabath, No. 97 CR 110 (N.D.Ill.) (990 F.Supp. 1007) (January 12, 1998) (Judge Ruben Castillo) by This is an important and instructive decision dealing with the prevailing legal standards that govern claims of Constitutional violations arising out of lengthy pre-indictment delays. In this case, the defendant was indicted …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by It is not too difficult for the average layman to understand why the Government would wait ten years before indicting a defendant for a crime that occurred ten years before. Normal people …

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Trammell, No. 97-3045 (10th Cir.) (133 F.3d 1343) (January 12, 1998) (Judge Mary Beck Briscoe) by In 1991 Michael Trammell was indicted by the Sate of Kansas on three counts of failing to pay insurance premiums by an insurance agent, in violation of Kansas law. The case was …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by