Search | Punch and Jurists

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin) by This case is cited because it contains a thoughtful review of (a) the type and degree of probable cause evidence that is needed to support a search warrant and (b) the …

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski) by Case held that providing materially false information to a pretrial services oficer constitutes obstruction of justice. This decision relates to two separate appeals by two different defendants, both of whom had their sentences …

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski) by Court held that lying to a pretrial services officer is "the very anthesis of acceptance of responsibility.".

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood) by Quote from Judge Goldberg about the indiscriminate use of bartered testimony from highly-paid informants. Quote of the Week - Some reflective comments on the indiscriminate use of bartered testimony from snitches: "One …

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Search and Seizure

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam) by QUOTE OF THE WEEK - Few statements in the annals of American jurisprudence more accu rately summarize the evils of ignoring the protections of the Fourth Amendment than the following statement of Justice Jackson, …

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan)

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

Filed under: Punch And Jurists, Return/Retention of Property

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan) by The defendant in this case, an incarcerated inmate, filed a Rule 41(e) motion for the return of property seized in connection with his arrests on drug related charges. While the court ultimately …

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam) by Over the strong dissent of three judges, the Eleventh Circuit refused to rehear its previous decision upholding the validity of temporary, unannounced roadblocks established on the pretext of ensuring compliance with traffic related laws. …

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan)

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

Filed under: Punch And Jurists, Return/Retention of Property

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan) by The defendant in this case, an incarcerated inmate, filed a Rule 41(e) motion for the return of property seized in connection with his arrests on drug related charges. While the court ultimately …

U.S. v. Moya, No. 94-4912 (11th Cir.) (74 F.3d 1117) (February 12, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Moya, No. 94-4912 (11th Cir.) (74 F.3d 1117) (February 12, 1996) (Judge James Larry Edmondson) by

U.S. v. Kelley, No. 95-1658 (1st Cir.) (76 F.3d 436) (February 20, 1996) (Judge Walter Jay Skinner)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Kelley, No. 95-1658 (1st Cir.) (76 F.3d 436) (February 20, 1996) (Judge Walter Jay Skinner) by One of the sentencing issues covered in this case dealt with the defendant's contention that the false statements he made to his probation officer who was preparing his presentence report were not …

U.S. v. Carrillo-Bernal, No. 94-173 MV (D.N.M.) (912 F.Supp. 488) (May 31, 1994) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Carrillo-Bernal, No. 94-173 MV (D.N.M.) (912 F.Supp. 488) (May 31, 1994) (Judge Martha Vazquez) by Case held that absence of luggage from passanger compartment and exceptionally clean condition of interior did not constitute "suspicious circumstances" required for detention of motorist. United States v. Covarrubia, 911 F.Supp. 1409 (D.N.M. …

U.S. v. Colbert, No. 95-1143 (6th Cir.) (76 F.3d 773) (February 26, 1996) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Searches - Protective Sweep

U.S. v. Colbert, No. 95-1143 (6th Cir.) (76 F.3d 773) (February 26, 1996) (Judge Boyce F. Jr. Martin) by This case contains an excellent review of the rules established by the Supreme Court in Maryland v. Buie that govern "protective sweeps" made at the time of an arrest. This case …

U.S. v. Tibolt, No. 94-2221 (1st Cir.) (72 F.3d 965) (December 29, 1995) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Tibolt, No. 94-2221 (1st Cir.) (72 F.3d 965) (December 29, 1995) (Judge Conrad K. Cyr) by Case affirmed a warrantless search of defendant's residence as justified by exigent circumstances, notwithstanding fact that officers were mistaken in belief that residence was the source of a security alarm that gave …

U.S. v. One DLO Model A/C, 30.36 Mach. Gun, No. 5:93 CV 2306 (N.D.Ohio) (904 F.Supp. 622) (August 1, 1995) (Judge David G. Jr. Dowd)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One DLO Model A/C, 30.36 Mach. Gun, No. 5:93 CV 2306 (N.D.Ohio) (904 F.Supp. 622) (August 1, 1995) (Judge David G. Jr. Dowd) by In this case, the Government seized 32 firearms from the home of an individual who was then charged in a criminal prosecution with various …

U.S. v. Rostenkowski, No. 94-3158 (D.C. Cir.) (68 F.3d 489) (October 17, 1995) (Judge Douglas Ginsburg)

Article • December 1, 1995

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Rostenkowski, No. 94-3158 (D.C. Cir.) (68 F.3d 489) (October 17, 1995) (Judge Douglas Ginsburg) by Case discussed the Supreme Court's ruling in Hubbard v. U.S. where it held that a federal court is not a department or agency of the Government within the meaning of § 1001 - …

U.S. v. Vought, No. 94-30337 (9th Cir.) (69 F.3d 1498) (November 16, 1995) (Judge Charles E. Wiggins)

Article • December 1, 1995

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Vought, No. 94-30337 (9th Cir.) (69 F.3d 1498) (November 16, 1995) (Judge Charles E. Wiggins) by In a case of first impression, the Court rules that the reference to "victim" in § 3A1.3 refers to a victim of restraint rather than the victim of the offense of conviction. …

U.S. v. Achiekwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis)

Article • December 1, 1995

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Achiekwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Based upon the "exceptional complexity of the defendant's scheme to defraud", Judge Ellis enhanced the defendant's sentence both under § 2F1.1(b)(2)(A) for more than minimal planning, and under § 5K2.0 as an …

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (67 F.3d 1497) (October 4, 1995) (Judge Monroe G. McKay)

Article • November 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (67 F.3d 1497) (October 4, 1995) (Judge Monroe G. McKay) by This is an illuminating Fourth Amendment case which addresses the constitutionality of the warrantless use of a thermal imager to monitor the activities of a target suspected of growing marijuana. (A thermal …

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher)

Article • November 1, 1995

Filed under: Punch And Jurists, Stalking Horse

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher) by In this case, the Ninth Circuit suggested its approval of the so-called "stalking horse" defense theory under which a person on parole or some other form of post-prison supervision can object to …

U.S. v. Acosta, No. 94-2047 (1st Cir.) (67 F.3d 334) (October 2, 1995) (Judge Michael Boudin)

Article • November 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Acosta, No. 94-2047 (1st Cir.) (67 F.3d 334) (October 2, 1995) (Judge Michael Boudin) by Although the Court rejected the defendant's claim of entrapment in this case, it did warn of the potential for abuse when the Government uses informants both as a witness and as an instigator. …