Search | Punch and Jurists

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya) by Here the Court confirmed that the Federal Rules of Evidence do not apply at sentencing and that the court may consider evidence that would be inadmissible at trial so long as it …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure) by Court rejected a motion for recusal under 28 U.S.C. § 455(a), holding that critical or disapproving judicial remarks do not ordinarily support a bias or partiality challenge. Citing Liteky …

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, Judicial Hostility

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 As it did in earlier decision reported at 994 F.Supp. 501, the court again rejected a motion for recusal, stating that negative comments by a trial judge are "common …

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists, Judicial Hostility

Tejeda v. Dubois, No. 97-1777 (1st Cir.) (142 F.3d 18) (April 24, 1998) (Judge Milton I. Shadur) by How often does one see a decision in which a conviction is reversed because of rank and pervasive judicial hostility? Well, this is one such case; and, although the First Circuit is …

MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Judicial Hostility

MacDraw, Inc. v. CIT Group Equipment, Inc., No. 97-7193 (2nd Cir.) (138 F.3d 33) (February 18, 1998) (Judge Ralph K. Jr. Winter) by Here the Court noted that: "Appellants correctly note that Judge Chin did express negative concerns about the merits of MacDraw's case and the conduct of appellants in …

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Right to Testify/Remain Silent

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter) by The defendant in this case was a former INS agent who was convicted of bribery and the sale of false "green cards." One of his challenges to his sentence was that the …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand) by Speaking of the iron will and steel fist of Judge Lechner, this case indirectly involves another one of his proverbial sentences. Here, one Richard Bertoli was charged with …

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam) by Case reversed an enhancement for possession of a gun, where the defendant objected to the Presentence Report, and the Government offered no other evidence to establish such possession. Here, the probation officer testified that …

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin) by Case rejected need for an evidentiary hearing to resolve disputed factors at sentencing. United States v. Berndt, 127 F.3d 251 (2nd Cir. 1997) (Judge Kearse) United States v. Stein, 127 F.3d 777 …

U.S. v. Monus, No. 95-4326 (6th Cir.) (128 F.3d 376) (October 21, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Monus, No. 95-4326 (6th Cir.) (128 F.3d 376) (October 21, 1997) (Judge Cornelia G. Kennedy) by Here the Court held that a district court violates Rule 32 when it merely "adopts" the findings of the PSR, or "accepts" the PSR's recommended sentencing level without making any findings of …

U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse) by United States v. Berndt, 127 F.3d 251 (2nd Cir. 1997) (Judge Kearse) United States v. Stein, 127 F.3d 777 (9th Cir. 1997) (Judge Goodwin) Another increasingly slippery rule is U.S.S.G. …

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon) by This case belongs in that runaway best-seller entitled "Fifty Ways to Rig a Sentence." Rule 32(b)(6)(B) of the Fed.R.Crim.P. provides that a party may object to any "material information" contained in his …

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon) by This case belongs in that runaway best-seller entitled "Fifty Ways to Rig a Sentence." Rule 32(b)(6)(B) of the Fed.R.Crim.P. provides that a party may object to any "material information" contained in his …

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion) by Case held that defendant does not have the right under either the Sentencing Guidelines or the Federal Rules of Criminal Procedure to subpoena witnesses to contradict evidence contained in presentence report or …

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion) by Case held that defendant does not have the right under either the Sentencing Guidelines or the Federal Rules of Criminal Procedure to subpoena witnesses to contradict evidence contained in presentence report or …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by Court held that specific evidence (e.g., drug records, admissions, or live testimony) is required to calculate drug quantities for sentencing purposes. This is an important decision concerning the quantity of …

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by This is an astonishing decision, not just because the D.C. Circuit found merit in each of the four issues raised by the defendant on appeal and thus vacated a series of convictions, …

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Judicial Hostility

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam) by Case vacated a conviction due to trial court's open hostility towards defendants, their counsel and evidence which impaired the fairness of the trial in a way that no jury instruction could have …