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U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse) by Conviction for tax offenses and health care fraud is affirmed where: 1) the government presented sufficient evidence to support defendant's conviction for income tax evasion and health care fraud; 2) defendant's conviction …

In re Terrrorist Bombings of U.S. Embassies In East Africa, No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 93) (November 24, 2008) (Judge Jose A. Cabranes)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

In re Terrrorist Bombings of U.S. Embassies In East Africa, No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 93) (November 24, 2008) (Judge Jose A. Cabranes) by In reTerrorist Bombings of U.S. Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704 (three decisions) Judgments of convictions for offenses arising …

Boumediene v. Bush, No. 04-1166 (RJL) (D.D.C.) (579 F.Supp.2d 191) (November 20, 2008) (Judge Richard J. Leon)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

Boumediene v. Bush, No. 04-1166 (RJL) (D.D.C.) (579 F.Supp.2d 191) (November 20, 2008) (Judge Richard J. Leon) by Here the Court ordered the release “forthwith” of five Bosnian prisoners being held at Guantanamo Bay, after concluding that the Government’s claim that they were terrorists rested on a single classified document …

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse) by A judgment of acquittal after conviction for racketeering conspiracy is reversed where: 1) given the level of generality at which the indictment alleged the principal purpose of the RICO enterprise, the evidence, …

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor) by Here the Court reversed a district court's order granting a JNOV and a new trial to a prison guard who was convicted of violating the civil rights of a pre-trial inmate by brutally …

U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs) by In a securities-fraud case, judgment setting aside jury's guilty verdict is affirmed where defendant's conducting of "interpositioning" trades was not deceptive or misleading. [Editor's Note: For a more detailed commentary on this …

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann) by In a criminal prosecution for securities fraud offenses, defendants' convictions are affirmed over claims that: 1) there was insufficient evidence to support a determination that the interests at issue were "securities" for …

U.S. v. Alvarado-Rivera, No. 03-2308 (8th Cir.) (412 F.3d 942) (June 20, 2005) (Judge Diana E. Murphy)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Alvarado-Rivera, No. 03-2308 (8th Cir.) (412 F.3d 942) (June 20, 2005) (Judge Diana E. Murphy) by This case is noted for Judge Bright’s dissent to the imposition of a lengthy drug sentence, which he described with these words: “Martha Alvarado-Rivera was sentenced to ten years in prison, rather …

U.S. v. Elso, No. 04-13043 (11th Cir.) (422 F.3d 1305) (September 2, 2005) (Judge Rosemary Barkett)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Elso, No. 04-13043 (11th Cir.) (422 F.3d 1305) (September 2, 2005) (Judge Rosemary Barkett) by Here, the Eleventh Circuit affirmed amoney laundering convictions against a lawyer, Juan Carlos Elso, who was charged with laundering the drug proceeds of one of his clients. Elso went to his client’s home …

U.S. v. Maali, No. 6:02-CR-171-ORL-28KR (M.D.Fla.) (358 F.Supp.2d 1154) (February 28, 2005) (Judge John II Antoon)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Maali, No. 6:02-CR-171-ORL-28KR (M.D.Fla.) (358 F.Supp.2d 1154) (February 28, 2005) (Judge John II Antoon) by Like the general conspiracy statutes and the RICO statutes, the money laundering statutes have become a prosecutorial tool that not only allows the creative prosecutor the ability to demand penalties far beyond what …

U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay) by Defendant's conviction for conspiring to distribute drugs is reversed where the government failed to submit sufficient evidence to support the jury's finding that the amount of cocaine defendant agreed to distribute amounted …

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes) by After a district court had ordered the forfeiture of $ 242,484 in cash that had been seized from the claimant because the district court found it was linked to illegal drug activities, …

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill) by Federal prosecutors must have been delirious with excitement when they first learned about this case: with its almost endless supply of defendants all across the country, it had the potential of becoming …

U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch) by In a workers' compensation insurance fraud criminal case, after a jury convicted defendant of two counts of mail fraud, the United States District Court for the District of Massachusetts dismissed the convictions …

U.S. v. Carucci, No. 02-2198 (1st Cir.) (364 F.3d 339) (April 13, 2004) (Judge Norman H. Stahl)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Carucci, No. 02-2198 (1st Cir.) (364 F.3d 339) (April 13, 2004) (Judge Norman H. Stahl) by In this case the First Circuit overturned the money laundering convictions of a Boston realtor, who sold several parcels of real estate to the notorious gangster Stephen Flemmi, on the grounds that …

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black)

Article • August 30, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black) by The petitioner in this case was found guilty of loitering and disorderly conduct. He moved for dismissal of the charges, on the ground that a conviction would deprive him of …

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen) by

Yates v. U.S., No. 6 (U.S. Supreme Court) (354 U.S. 298; 77 S.Ct. 1064) (June 17, 2057) (Justice Harlan)

Article • June 9, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

Yates v. U.S., No. 6 (U.S. Supreme Court) (354 U.S. 298; 77 S.Ct. 1064) (June 17, 2057) (Justice Harlan) by Here the Court held that a verdict must be set aside where the verdict is supportable on one ground but not on another, and it is impossible to tell which …

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson) by In U.S. v. $242,484.00, 318 F.3d 1240 (11th Cir. 2003) (P&J, 03/10/2003), the Eleventh Circuit reversed a forfeiture order that had been granted under 21 U.S.C. § 881(a)(6) on the grounds that …

U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin) by The Government moved in this case for the disqualification of defense counsel. It alleged that there was a potential conflict of interest arising from counsel's representation in unrelated drug charges of two individuals …