Search | Punch and Jurists

U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones) by Here the Court vacated a sentence based on the more serious type of d-methamphetamine because the Government failed to carry its burden of proof in establishing the identity of the drugs involved. …

U.S. v. Jacobs, No. 97-1211 (8th Cir.) (136 F.3d 1187) (February 18, 1998) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. Jacobs, No. 97-1211 (8th Cir.) (136 F.3d 1187) (February 18, 1998) (Judge Morris Sheppard Arnold) by Differences between d-type and l-type methamphetamine. After the defendant failed to file any objection to the classification of his drugs at his original sentencing, in his direct appeal, on his first § …

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum) by In this case a large number of drug sales were at issue, there was evidence befoire the court about the typical purity of the drug in question, and a sample of six …

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour) by This case is noted because the Tenth Circuit vacated the defendant's sentence on two grounds. First, it held that the district court had erred by improperly attributing to the defendant acts of …

U.S. v. Bowen, No. 96-2289 (1st Cir.) (127 F.3d 9) (September 24, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Bowen, No. 96-2289 (1st Cir.) (127 F.3d 9) (September 24, 1997) (Judge Juan R. Torruella) by United States v. Bowen, 127 F.3d 9 (1st Cir. 1997) (Judge Torruella) United States v. Johnson, 976 F.Supp. 284 (D.Del. 1997) (Judge Schwartz) Due to the advent of the Guidelines' Drug Equivalency …

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis) by Case held that for purposes of mandatory minimum statute there is no difference between D- and L-types methamphetamine.

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam) by Although the Court affirmed that a conviction under § 924(c) could be justified based on the Pinkerton doctrine of co-conspirator liability, it reversed the conviction here based on the factual record of this case. …

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis) by

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam) by United States v. Thompson, 122 F.3d 304 (5th Cir. 1997) (Per Curiam) United States v. Handa, 122 F.3d 690 (9th Cir. 1997) (Judge Noonan) These two gun conviction cases raise a variety of issues …

U.S. v. Cooper, No. 96-1763 (3rd Cir.) (121 F.3d 130) (August 11, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Cooper, No. 96-1763 (3rd Cir.) (121 F.3d 130) (August 11, 1997) (Judge Timothy K. Lewis) by This case raises two interesting issues: one dealing with the Witness Tampering Statute, 18 U.S.C. § 1512(a)(1)(C), and the second dealing with drug convictions for the sale of "counterfeit substances." The defendant …

Reece v. U.S., No. 95-8988 (11th Cir.) (119 F.3d 1462) (August 8, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

Reece v. U.S., No. 95-8988 (11th Cir.) (119 F.3d 1462) (August 8, 1997) (Judge Gerald B. Tjoflat) by Here the Court affirmed the district court's conclusion that the drugs involved were D-type methamphetamine rather than the less penal L-type, and rejected the defendant's claim that counsel had been ineffective for …

U.S. v. Scrivner, No. 95-30227 (9th Cir.) (114 F.3d 964) (June 10, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. Scrivner, No. 95-30227 (9th Cir.) (114 F.3d 964) (June 10, 1997) (Judge Thomas G. Nelson) by Note: this case was based on the law before Guideline Amendment 518 was adopted. Case held that where a defendant fails to object at sentencing to type of drug used for sentencing …

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins) by Wilson did not dispute the recommended finding that a firearm was possessed under § 2D1.1(b)(1) because there was significant evidence that his coconspirators had possessed firearms. See U.S.S.G. § 1B1.3(a)(1)(B) (explaining …

U.S. v. Longoria, No. 96-30010 (9th Cir.) (113 F.3d 975) (May 7, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Longoria, No. 96-30010 (9th Cir.) (113 F.3d 975) (May 7, 1997) (Judge William W. Schwarzer) by Court reversed a conviction where indictment charged use of both cocaine and heroin, defendant only admitted to use of cocaine, and court failed to determine that he understood he was charged with …

U.S. v. Magallon, No. 95-10438 (9th Cir.) (113 F.3d 150) (May 5, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Magallon, No. 95-10438 (9th Cir.) (113 F.3d 150) (May 5, 1997) (Judge David R. Thompson) by Court held that defendants had not waived their rights to contest the differences between L- and D-type methamphetamine and vacated sentence based on more severe type of methamphetamine where no proof was …

U.S. v. Wilson, No. 95-31152 (5th Cir.) (105 F.3d 219) (January 28, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Wilson, No. 95-31152 (5th Cir.) (105 F.3d 219) (January 28, 1997) (Per Curiam) by This case adds a new twist to the fine art of parsing the commonly-applied rule that a co-conspirator is responsible for the acts of another member of the conspiracy. Here the defendant pleaded guilty …

In Re Sealed Case, No. 95-3206 (D.C. Cir.) (105 F.3d 1460) (February 7, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

In Re Sealed Case, No. 95-3206 (D.C. Cir.) (105 F.3d 1460) (February 7, 1997) (Judge David S. Tatel) by Case held that doctrine of co-conspirator liability could not be used to demonstrate constructive possession of a gun for purposes of denying a defendant the benefits of the safety valve provisions. …

U.S. v. Miranda, No. Cr-96-211 (E.D.N.Y.) (951 F.Supp. 368) (December 3, 1996) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Miranda, No. Cr-96-211 (E.D.N.Y.) (951 F.Supp. 368) (December 3, 1996) (Judge I. Leo Glasser) by Here the Court held that evidence of experts, rejecting a Government agent's statement that cocaine has a very strong order, was entitled to no credence. Does cocaine smell? Well, in this case a …

U.S. v. Edwards, No. 94-3805 (7th Cir.) (105 F.3d 1179) (January 30, 1997) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Edwards, No. 94-3805 (7th Cir.) (105 F.3d 1179) (January 30, 1997) (Judge Frank H. Easterbrook) by This is an important case that deals with the type of drugs for which a defendant may be sentenced after a jury returns a general verdict of guilty. It is particularly important …

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Sting Operations

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter) by Here the Court explores some of the zealous efforts of the U.S. Postal Service in ridding the world of perverts who buy pornography; but leaves open some rather disturbing questions about the …