Search | Punch and Jurists

U.S. v. Frega, No. 97-50100 (9th Cir.) (179 F.3d 793) (June 8, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Frega, No. 97-50100 (9th Cir.) (179 F.3d 793) (June 8, 1999) (Judge Stephen Reinhardt) by United States v. Morales, 185 F.3d 74 (2nd Cir. 1999) (Judge Straub) United States v. Frega, 179 F.3d 793 (9th Cir. 1999) (Judge Reinhardt) It is a rare day when a court vacates …

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum) by Here the Court held that a district court has the authority, under the Victim and Witness Protection Act, to order restitution for the costs of court-appointed counsel and to order surrender of …

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan) by Here the Court vacated a sentence of five years probation with a special condition of six months imprisonment as inconsistent with the provisions of 18 USC § 3561; and that it …

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter) by The Court stressed that the stipulation in question was a limited one: "Mastrangelo "had the chemical background to know the ingredients and equipment necessary to make methamphetamine." Significantly, Mastrangelo did not stipulate …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by Despite precedent to the contrary, the defendant's claim that an enhancement under USSG § 2K2.1(b)(4) applies only when the firearm had already been "stolen" prior to the defendant's taking possession of …

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson) by In this case, Judge Thompson held that the provisions of 18 U.S.C. §§ 3583(b), (e)(3) and (h) impose a finite limit on the amount of time for which a defendant may …

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook) by Here the Court held that "stipulation" as used in USSG § 1B1.2(a) does not require a defendant's acknowledgment of more serious conduct to be part of a formal procedure and encompasses oral …

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever) by Here the Court held that, although the money laundering statute does not define the word "proceeds", fraudently obtained, albeit untimately valuless, checks can be proceeds that will support a money laundering conviction.

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by While the Court acknowledged a Circuit split on the issue, it cited its holding in U.S. v. Page, 131 F.3d 1173 (6th Cir. 1997) as binding precedent - and concluded that "except …

U.S. v. Mankarious, No. 95-CR-98 (7th Cir.) (151 F.3d 694) (August 7, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mankarious, No. 95-CR-98 (7th Cir.) (151 F.3d 694) (August 7, 1998) (Judge Terrence T. Evans) by In a prosecution for laundering the proceeds of mail fraud, the defendants argued that the Government had failed to show that any predicate mailing occurred before the date of the alleged money …

U.S. v. To, No. 96-3045 (11th Cir.) (144 F.3d 737) (June 23, 1998) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. To, No. 96-3045 (11th Cir.) (144 F.3d 737) (June 23, 1998) (Judge Joseph Woodrow Hatchett) by Case held that the Government's evidence was too attenuated to sustain one defendant's RICO conviction both because he joined conspiracy too late and because evidence did not tie him to the predicate …

Butler v. Apfel, No. 97-15497 (9th Cir.) (144 F.3d 622) (May 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Civil Disabilities

Butler v. Apfel, No. 97-15497 (9th Cir.) (144 F.3d 622) (May 14, 1998) (Per Curiam) by Here the Court rejected a constitutional challenge to 42 U.S.C. § 402(x) which denies social security benefits to incarcerated felons. Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (Per Curiam) Mujahid v. Crabtree, …

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that provision of plea agreement stating that the U.S. "submits" that the offense involved more than 50 grams of crack was not a stipulation that was binding on the defendant …

U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans) by Here the Court held that the Victim and Witness Protection Act does not authorize restitution for Title 26 tax offenses (id., at 284).

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth) by Case held that sentencing court is not authorizied to order restitution to the FBI as a condition of supervised release.

Caron v. U.S., No. 97-6270 (U.S. Supreme Court) (524 U.S. 308; 118 S.Ct. 2007) (June 22, 1998) (Justice Kennedy)

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

Filed under: Punch And Jurists, Civil Disabilities

Caron v. U.S., No. 97-6270 (U.S. Supreme Court) (524 U.S. 308; 118 S.Ct. 2007) (June 22, 1998) (Justice Kennedy) by The petitioner is this case had an extensive criminal history, including some felonies. In 1993, carrying a semiautomatic rifle, he threatened a victim by brandishing the rifle in the victims …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Civil Disabilities

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins) by Caron v. United States, No. 97-6270 (U.S. Sup. Ct. June 22 , 1998) (Justice Kennedy) United States v. Qualls, 140 F.3d 824 (9th Cir. 1998) (En Banc) (Judge Hawkins) It is noteworthy …

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by United States v. Harris, 137 F.3d 1058 (8th Cir. 1998) (Judge Beam) United States v. Crowder, Docket No. 92-3133 (D.C.Cir. May 1, 1998) (En Banc) (Judge Randolph) Both of these decisions reflect …

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by United States v. Harris, 137 F.3d 829 (8th Cir. 1998) (Judge Beam) United States v. Crowder, 141 F.3d 1202 (D.C.Cir. 1998) (En Banc) (Judge Randolph) Both of these decisions reflect a growing …

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by En banc decision holding that a defendant's offer to stipulate his status as a prior felon does not block introduction of other crimes evidence.