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U.S. v. Schwab, No. 98-CR-076-J (D.Wyo.) (61 F.Supp.2d 1196) (July 28, 1999) (Judge Alan B. Johnson)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Schwab, No. 98-CR-076-J (D.Wyo.) (61 F.Supp.2d 1196) (July 28, 1999) (Judge Alan B. Johnson) by In this case defendants were convicted under the National Stolen Property Act of conspiracy to commit interstate transportation of checks obtained by fraud and causing interstate transportation of monies obtained by fraud. The …

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (196 F.3d 383) (November 15, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (196 F.3d 383) (November 15, 1999) (Judge Amalya Lyle Kearse) by This case helps to show the impact of the Supreme Court’s recent decision in Neder v. U.S., 119 S.Ct. 1827 (1999), which held that the erroneous omission of an element of an …

U.S. v. Williams, No. 98-3083 (D.C. Cir.) (194 F.3d 100) (October 26, 1999) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Williams, No. 98-3083 (D.C. Cir.) (194 F.3d 100) (October 26, 1999) (Judge David S. Tatel) by This decision raises some tantalizing new questions about one of the drug laws’ most questionable hypotheses - namely that the quantity of drugs involved in a crime is not an essential element …

U.S. v. Beltran-Garcia, No. 98-50345 (9th Cir.) (179 F.3d 1200) (June 11, 1999) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Beltran-Garcia, No. 98-50345 (9th Cir.) (179 F.3d 1200) (June 11, 1999) (Judge Donald P. Lay) by The Court noted that "As to Count One, the only dispute was whether Garcia had knowledge of the marijuana in his spare tire. As was the case in James, Garcia did not …

U.S. v. Nunez, No. 98-11010 (5th Cir.) (180 F.3d 227) (August 16, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Nunez, No. 98-11010 (5th Cir.) (180 F.3d 227) (August 16, 1999) (Judge Jerry E. Smith) by The Court held that the Supreme Court's decision in Jones v. U.S., 143 U.S. 311 (1999) "forecloses this reading of federal criminal statutes except where statutory sections specifically increase punishments for prior …

U.S. v. Deeb, No. 97-50157 (9th Cir.) (175 F.3d 1163) (May 24, 1999) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Deeb, No. 97-50157 (9th Cir.) (175 F.3d 1163) (May 24, 1999) (Judge Thomas G. Nelson) by Here the Court stated: "The money laundering statute makes it a crime for someone who, "knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful …

U.S. v. Caldwell, No. 98-5213 (6th Cir.) (176 F.3d 898) (May 18, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Caldwell, No. 98-5213 (6th Cir.) (176 F.3d 898) (May 18, 1999) (Judge Karen Nelson Moore) by Another controversial concept spawned by the Guidelines and America's war on drugs is the issue of whether the quantity of drugs is an essential element of the crime, requiring proof beyond a …

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (180 F.3d 55) (June 9, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (180 F.3d 55) (June 9, 1999) (Judge Amalya Lyle Kearse) by This high-profile case arose out of defendant Autumn Jackson's attempts to extort up to $40 million from actor Bill Cosby, Jr., by threatening to cause tabloid newspapers to publish her claim to …

U.S. v. Gatewood, No. 97-6023 (6th Cir.) (173 F.3d 983) (April 2, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Gatewood, No. 97-6023 (6th Cir.) (173 F.3d 983) (April 2, 1999) (Judge Ronald Lee Gilman) by This is a significant decision dealing with the constitutionality of one of Congress’s pet rocks - the “three strikes” statutes. The defendant in this case challenged his life sentence on the grounds …

Lambright v. Stewart, No. 96-99020 (9th Cir.) (167 F.3d 477) (January 26, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Juries - Dual

Lambright v. Stewart, No. 96-99020 (9th Cir.) (167 F.3d 477) (January 26, 1999) (Judge Stephen Reinhardt) by While case held that the district court violated the defendants' rights by conducting a dual jury trial, it is noted principally for Judge Thompson's dissent in which he reviewed errors that do not …

Lambright v. Stewart, No. 96-99020 (9th Cir.) (191 F.3d 1181) (October 8, 1999) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Juries - Dual

Lambright v. Stewart, No. 96-99020 (9th Cir.) (191 F.3d 1181) (October 8, 1999) (Judge Ferdinand F. Fernandez) by

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina) by QUOTE OF THE WEEK - The unique ability to deprive individuals of their liberty "based almost on facts never submitted to a jury and never proven beyond a reasonable doubt to anyone." …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure) by Case addressed the burdens of proof required to meet the statutory definintion of "maintaining or increasing a position in an enterprise" as contained in 18 USC § 1959(a). Citing …

U.S. v. Richardson, No. 95-3053 (7th Cir.) (130 F.3d 765) (November 14, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Richardson, No. 95-3053 (7th Cir.) (130 F.3d 765) (November 14, 1997) (Judge Terrence T. Evans) by Here the Court held that when a defendant is charged with a CCE crime in violation of 21 USC § 848, the district court does not have to agree which three particular …

U.S. v. Carter, No. 97-2122 (10th Cir.) (130 F.3d 1432) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Carter, No. 97-2122 (10th Cir.) (130 F.3d 1432) (December 16, 1997) (Judge Mary Beck Briscoe) by Case reversed possession conviction because the court failed to instruct the jury on proper venue.

U.S. v. Wozniak, No. 96-1636, No. 1593 (2nd Cir.) (126 F.3d 105) (September 18, 1997) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Wozniak, No. 96-1636, No. 1593 (2nd Cir.) (126 F.3d 105) (September 18, 1997) (Judge Thomas J. Meskill) by Case held that an instruction permitting the jury to convict on the basis if marijuana evidence, when the indictment alleged only concaine and speed, was an impermissible constructive amendment of …

U.S. v. Pearson, No. 95-3204 (7th Cir.) (113 F.3d 758) (May 14, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Pearson, No. 95-3204 (7th Cir.) (113 F.3d 758) (May 14, 1997) (Judge Daniel A. Manion) by In this case the Court identified four factors as particularly salient in determining whether a conspiracy existed, and whether a defendant knowingly participated in it: (1) the length of the affiliation; (2) …

U.S. v. Uchimura, No. 94-10579 (9th Cir.) (125 F.3d 1282) (February 25, 1997) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Uchimura, No. 94-10579 (9th Cir.) (125 F.3d 1282) (February 25, 1997) (Judge Edward C. Jr. Reed) by Case held that the jury must decide the question of materiality under the currency reporting statute, 26 U.S.C. § 7206(1). This is an important tax case that confirms a strong split …

Peck v. U.S., No. 94-244, No. 1021 (2nd Cir.) (106 F.3d 450) (January 30, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

Peck v. U.S., No. 94-244, No. 1021 (2nd Cir.) (106 F.3d 450) (January 30, 1997) (Judge John M. Jr. Walker) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal …

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Failure to Instruct on Materiality as an Element of Crime

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock) by This lengthy en banc decision (and the two dissenting opinions) contain an important and exceptionally clear analysis of the differing views that can be derived from one of the most frequently cited …