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Christunas v. U.S., No. Civ.A. 97-40429 (E.D.Mich.) (61 F.Supp.2d 642) (August 17, 1999) (Judge Paul V. Gadola)

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

Filed under: Punch And Jurists, Property Rights/Interest

Christunas v. U.S., No. Civ.A. 97-40429 (E.D.Mich.) (61 F.Supp.2d 642) (August 17, 1999) (Judge Paul V. Gadola) by Here the Court held that a wife's interest in real property, owned as tenant by the entireties with her husband, a convicted drug dealer, precluded forfeiture of her interest in the property …

U.S. v. Kole, No. 96-5457 (3rd Cir.) (164 F.3d 164) (December 29, 1998) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Kole, No. 96-5457 (3rd Cir.) (164 F.3d 164) (December 29, 1998) (Judge Theodore A. McKee) by Here the Court affirmed the use of a foreign conviction to enhance the defendant's sentence under 21 USC § 851(a), rejecting the defendant's claims that the foreign conviction did not comport to …

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by United States v. Woodward, 149 F.3d 46 (1st Cir. 1998) (Judge Bownes) United States v. Bloom, 149 F.3d 649 (7th Cir. 1998) (Judge Easterbrook) It is sometimes almost amusing to watch the …

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Case held that legislator's receipt of some $9,000 in shared meal and entertainment expenses over an eight year period was sufficient to support a conviction for honest services fraud under 18 USC …

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by This is one of those "wake up and take notice" cases that shows the ever-expanding reach of the prosecutorial arm of the Federal Government. Having won the battle of prosecuting State crimes, …

U.S. v. Boylan, No. Crim. No. 98-45 (D.N.J.) (5 F.Supp.2d 274) (May 8, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Boylan, No. Crim. No. 98-45 (D.N.J.) (5 F.Supp.2d 274) (May 8, 1998) (Judge Stephen M. Orlofsky) by Case is noted for its discussion of the purpose and scope of § 2C1.7 which deals with fraud by public officials which deprive a constituency of its intangible right to honest …

U.S. v. Lowery, No. 97-60213 (5th Cir.) (135 F.3d 957) (February 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Lowery, No. 97-60213 (5th Cir.) (135 F.3d 957) (February 19, 1998) (Per Curiam) by This is an interesting case that deals with a little-noticed, statutorily created affirmative defense to the ever expanding charge of obstruction of justice - namely the provisions of 18 U.S.C. § 1512(d). That section …

U.S. v. Frost, No. 95-6011 (6th Cir.) (125 F.3d 346) (September 12, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Frost, No. 95-6011 (6th Cir.) (125 F.3d 346) (September 12, 1997) (Judge Cornelia G. Kennedy) by Case examines in depth requirements for mail fraud convictions and schemes to deprive another of the intangible right of honest services.

U.S. v. Brumley, No. 94-40560 (5th Cir.) (116 F.3d 728) (June 18, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Brumley, No. 94-40560 (5th Cir.) (116 F.3d 728) (June 18, 1997) (Judge Patrick E. Higginbotham) by Early last year the Seventh Circuit issued one of the most devastating critiques we have ever read about the manner in which Congress passes some legislation. In U.S. v. Brumley, 79 F.3d …

U.S. v. Tenzer, No. 95 Cr. 1016(CLB) (S.D.N.Y.) (950 F.Supp. 554) (September 10, 1996) (Judge Charles L. Brieant)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Tenzer, No. 95 Cr. 1016(CLB) (S.D.N.Y.) (950 F.Supp. 554) (September 10, 1996) (Judge Charles L. Brieant) by Relying on the defendant's compliance with the IRS's Voluntary Disclosure Policy before any criminal investigation was begun, the Court granted motion to dismiss indictment for failure to file income tax returns. …

U.S. v. Gray, No. 95-50533 (5th Cir.) (96 F.3d 769) (September 18, 1996) (Judge Stanwood R. Jr. Duval)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Gray, No. 95-50533 (5th Cir.) (96 F.3d 769) (September 18, 1996) (Judge Stanwood R. Jr. Duval) by Here's one of those telling cases that shows the continuing erosion of the Tenth Amendment through the expansion of Federal crimes into ever new arenas. The defendants in this case, basketball …

U.S. v. Sawyer, No. 95-1689 (1st Cir.) (85 F.3d 713) (May 30, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Sawyer, No. 95-1689 (1st Cir.) (85 F.3d 713) (May 30, 1996) (Judge Norman H. Stahl) by Here the Court held that where the jury was permitted to find honest-services mail fraud upon proof of violations of either the State gift statute or the gratuity statute, and apellate court …

U.S. v. Boots, No. 94-1811 (1st Cir.) (80 F.3d 580) (March 29, 1996) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Jurisdiction - Generally

U.S. v. Boots, No. 94-1811 (1st Cir.) (80 F.3d 580) (March 29, 1996) (Judge Levin H. Campbell) by This case involves an appeal from a number of convictions by some Native Americans who were convicted of wire fraud and conspiracy in furtherance of a scheme to transport tobacco from their …

U.S. v. Brown, No. 93-4063 (11th Cir.) (79 F.3d 1550) (April 16, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Brown, No. 93-4063 (11th Cir.) (79 F.3d 1550) (April 16, 1996) (Judge James Larry Edmondson) by Here the Court held that reasonable jurors could not find that a person of ordinary prudence, about to purchase a home, would rely on the developers own representations about the value of …

U.S. v. Baucum, No. 94-3040 (D.C. Cir.) (80 F.3d 539) (April 9, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction - Generally

U.S. v. Baucum, No. 94-3040 (D.C. Cir.) (80 F.3d 539) (April 9, 1996) (Per Curiam) by While this case technically involves a constitutional challenge to the drug "school yard statute" (21 U.S.C. § 860(a)), the main issue addressed is whether a facial challenge to the constitutionality of a criminal statute …

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel) by Case held that a prosecution of the defendant for failing to register a machine gun when the Government would not accept registration would be fundamentally unfair and was barred by the Due Process …

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel) by Case held that a prosecution of the defendant for failing to register a machine gun when the Government would not accept registration would be fundamentally unfair and was barred by the Due Process …

U.S. v. Bahena-Cardenas, No. 94-50639 (9th Cir.) (70 F.3d 1071) (November 20, 1995) (Judge Jack E. Tanner)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Bahena-Cardenas, No. 94-50639 (9th Cir.) (70 F.3d 1071) (November 20, 1995) (Judge Jack E. Tanner) by This case raises a subtle, but important, ray of hope to aliens who are charged under 8 U.S.C. § 1326(b)(1) (being a deported alien found in the United States). Here the Court …