Search | Punch and Jurists

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky) by This case is noted for its review of the standards that apply to the admission of "similar acts" evidence under Rule 404(b) and for its rejection of the Government's motion to …

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor)

Article • July 31, 1999

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor) by In this case, a state prisoner filed a habeas petition seeking vacatur of a state court sentence that had been enhanced based on a prior conviction on the ground that …

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Here the Court upheld a three level increase in the defendant's criminal history category based on a series of convictions despite the defendant's arguments that they were too old and too dissimilar …

U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour) by This is one of those astonishing cases that seems to suggest that all that is required of prosecutors in District Judge Alley's courtroom in Oklahoma is to follow the biblical precept of …

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Under the Guidelines, prior sentences imposed more than 15 years (or, in some cases, 10 years) before the commencement of the defendant's current offense are not to be counted in his criminal …

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by This case is noted for its detailed examination of a very complex Guidelines concept: Can a "prior sentence" be used both to determine a defendant's base offense level under U.S.S.G. § 1B1.3 …

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman) by Here the Court held that testimony about the defendant's prior drug running activities was not prior bad act evidence, but evidence of the charged conspiracy. Citing cases the Court held that …

U.S. v. Rucker, No. 96-9412 (11th Cir.) (171 F.3d 1359) (April 9, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Rucker, No. 96-9412 (11th Cir.) (171 F.3d 1359) (April 9, 1999) (Judge Susan H. Black) by Here the Eleventh Circuit held that a district court may not look behind drug convictions that qualify as serious drug offenses under the armed career criminal statute to justify a downward departure …

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman) by The Court ruled: " In this case, the district court did not abuse its discretion when it admitted evidence relating to Phelps's actions immediately before and after the shooting. " '[B]ad …

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti) by Here the Ninth Circuit joined with the First, Fourth, Fifth and Tenth Circuits in holding that a defendant who successfully attacks a state conviction may seek Federal habeas relief of a Federal sentence …

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black) by The defendant in this case was convicted of a conspiracy to make false statements to a federally licensed firearms dealer, in violation of the old reliable 18 U.S.C. § 371. Two years …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott) by This revised decision, which was first discussed in the Jan. 11, 1999 issue of P&J, is noted because one of the issues addressed was whether it was proper to admit evidence to …

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards) by In one of those telling examples of form over substance, the Court stated: "We believe that the language of § 2K2.1(a) tends to support Pugh's interpretation but is nevertheless ambiguous with respect …

Werber v. U.S., No. 95-2668, No. 8 (2nd Cir.) (149 F.3d 172) (July 27, 1998) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

Werber v. U.S., No. 95-2668, No. 8 (2nd Cir.) (149 F.3d 172) (July 27, 1998) (Judge Dennis G. Jacobs) by Here, the Court acknowledged that the Circuit courts are split over whether a district court has authority, pursuant to USSG § 5K2.0, to depart downward to effectuate a federal sentence …

U.S. v. Gartner, No. 4:CR97-3070 (D.Neb.) (5 F.Supp.2d 1060) (May 14, 1998) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Gartner, No. 4:CR97-3070 (D.Neb.) (5 F.Supp.2d 1060) (May 14, 1998) (Judge Richard G. Kopf) by Case held that the timing of arrests in two prior controlled substance convictions resulted in an artificial increase in the defendant's offense level and criminal history category, justifying a four-level downward departure.

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Disagreeing with U.S. v. McHan, 101 F.3d 1027, 1040 (4th Cir. 1996), the Court held that a district court has the authority under § 5K2.0 to depart downward to reflect a discharged …

U.S. v. Hines, No. 96-3134 (10th Cir.) (133 F.3d 1360) (January 16, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. Hines, No. 96-3134 (10th Cir.) (133 F.3d 1360) (January 16, 1998) (Judge Michael R. Murphy) by