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Ratzlaf v. U.S., No. 92-1196 (U.S. Supreme Court) (510 U.S. 135; 114 S.Ct. 655) (January 11, 1994) (Justice Ginsburg)

Article • December 22, 1998

Filed under: Punch And Jurists, Knowledge of Illegality

Ratzlaf v. U.S., No. 92-1196 (U.S. Supreme Court) (510 U.S. 135; 114 S.Ct. 655) (January 11, 1994) (Justice Ginsburg) by As in the case of Cheek v. United States, 498 U.S. 192 (1991), the court carved out an exception to the general rule that every person is presumed to know …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any …

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by Quote from Judge Posner in which he argued that the general rule that ignorance of the law is no excuse should not apply to statutes that are unduly complex or obscure. QUOTE …

U.S. v. Nguyen, No. 97-3106 (10th Cir.) (155 F.3d 1219) (September 3, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Nguyen, No. 97-3106 (10th Cir.) (155 F.3d 1219) (September 3, 1998) (Judge Monroe G. McKay) by Here the Court stated: "We have held that a depletion of assets potentially affecting interstate commerce constitutes a sufficient nexus to interstate commerce under the Hobbs Act. See Zeigler, 19 F.3d at …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam) by Here the Court held that the Hobbs Act justified Federal action (and a sentence of 215 years in prion) in a case where the defenant was convicted of 7 bank robberies where he netted …

U.S. v. Valenzeno, No. 95-4203 (6th Cir.) (123 F.3d 365) (August 13, 1997) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Valenzeno, No. 95-4203 (6th Cir.) (123 F.3d 365) (August 13, 1997) (Judge Harry W. Wellford) by Court rejected a broad array of constitutional challenges to the Hobbs Act.

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam) by United States v. Farrish, 122 F.3d 146 (2nd Cir. 1997) (Judge Cabranes) United States v. Miles, 122 F.3d 235 (5th Cir. 1997) (Per Curiam) The debate over the scope and impact of the Supreme …

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam) by Case is noted for Judge DeMoss' "specially concurring" opinion in which he explains why he feels this holding in in conflict with U.S. v. Lopez.

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides) by The Court held: "[I]n Hobbs Act prosecutions based on local activities that affect interstate commerce, the government need not prove that the effect of an individual defendant's conduct was substantial. It suffices …

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay) by Case held that where the defendant was charged with "fixing" drunk driving convictions, the court held that the Government need only establish that the charged extortion had a minimal effect on interstate …

U.S. v. Pipkin, No. 96-20402 (5th Cir.) (114 F.3d 528) (June 2, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Pipkin, No. 96-20402 (5th Cir.) (114 F.3d 528) (June 2, 1997) (Judge Harold R. Jr. DeMoss) by After observing that the Secretary of Treasury had withdrawn a regulation that would have required banks to post notices of the changes in law in bank tellers windows, Government could not …

U.S. v. Harrington, No. 96-3060 (D.C. Cir.) (108 F.3d 1460) (March 25, 1997) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Harrington, No. 96-3060 (D.C. Cir.) (108 F.3d 1460) (March 25, 1997) (Judge Patricia M. Wald) by Early one Sunday morning, a Roy Rogers restaurant in Washington, D.C. was robbed. The robber got some $30 and he fled using a get-away car driven by the defendant in this case. …

U.S. v. Ismail, No. 95-5299 (4th Cir.) (97 F.3d 50) (September 26, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Ismail, No. 95-5299 (4th Cir.) (97 F.3d 50) (September 26, 1996) (Judge Diana Gribbon Motz) by Relying on the Supreme Court's decision in Ratzlaf v. U.S., 510 U.S. 135, the Fourth Circuit vacated a money structuring conviction on the ground that the Government had failed to prove the …

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon) by Analyzing U.S. v. Lopez, 514 U.S. 549 (1995), the Court held that it did not change the Ninth Circuit rule that the Government need only prove a de minimis effect on interstate …

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock)

Article • November 1, 1995

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock) by Here the Court held: "In order to establish the requisite de minimis effect on commerce, the government need only produce evidence establishing that the assets of a business engaged in interstate commerce …

U.S. v. Jewell, No. 74-2832 (9th Cir.) (532 F.2d 697) (February 27, 1976) (Judge James R. Browning)

Article • January 1, 1994

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Jewell, No. 74-2832 (9th Cir.) (532 F.2d 697) (February 27, 1976) (Judge James R. Browning) by This is the case that gave rise to the Ninth Circuit's "Jewell" or "deliberate ignorance" instruction to the jury to satisfy the knowledge of illegality of many criminal statutes. In this case, …