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U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg) by The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy …

U.S. v. Spinner, No. 98-7353 (3rd Cir.) (180 F.3d 514) (June 16, 1999) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Spinner, No. 98-7353 (3rd Cir.) (180 F.3d 514) (June 16, 1999) (Judge Timothy K. Lewis) by The Court stated: "Without alleging an effect on interstate commerce in the first count, then, the indictment in this case was jurisdictionally defective. "When, as in this case, an indictment fails to …

In Re US Currency, $844,520.00, No. 97-2210 (8th Cir.) (136 F.3d 581) (February 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Waivers/Defaults

In Re US Currency, $844,520.00, No. 97-2210 (8th Cir.) (136 F.3d 581) (February 19, 1998) (Per Curiam) by While the Court is this case, by a per curiam order, routinely affirmed the seizue of $844,520 in this case on the grounds that the claimant had failed to file a claim …

U.S. v. Perez, No. 94-10313 (9th Cir.) (116 F.3d 840) (June 20, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Perez, No. 94-10313 (9th Cir.) (116 F.3d 840) (June 20, 1997) (Judge A. Wallace Tashima) by Because this is an en banc decision, and because it is yet another attempt to make some sense out of the Supreme Court's plain error doctrine as enunciated in U.S. v. Olano, …

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson) by Here the Ninth Circuit agreed with the defendant's claim that he had not knowingly and voluntarily waived his right to a jury trial due to his limited understanding of English, a waiver form …

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza) by According to the Fifth Circuit, the defendant in this case was "from a small town in Columbia and had been in the United States for only eight days before his arrest [on …

U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman) by The real issue involved in this World Trade Center bombing case was the highly technical question whether the Court had jurisdiction to hear an appeal after the defendants had first appealed their …

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Although Rule 32(b)(6)(A) states that a defendant must receive his presentence report 35 days prior to the sentencing hearing (unless waived), this Court joins four other Circuits in holding that the defendant …