Search | Punch and Jurists

U.S. v. Ronan, No. 97 CR 578 (N.D.Ill.) (981 F.Supp. 1100) (October 15, 1997) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Professional Practice - Outside the Scope of

U.S. v. Ronan, No. 97 CR 578 (N.D.Ill.) (981 F.Supp. 1100) (October 15, 1997) (Judge Elaine E. Bucklo) by Here, the Court rejected a claim that the Indictment was deficient because it failed to allege that the doctor/defendant was acting outside the scope of his professional practice when dispensing drugs; …

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe) by Here the Court held that an indictment which charged possession of a gun by a felon in violation of 18 USC § 922(g)(1) and possession of the same gun by an unlawful …

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith) by Convictions reversed on grounds that eight year hiatus between indictment and trial violated the Sixth Amendment's call for a speedy trial. Here the Court held that because "the prosecutor and the court …

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam) by On April 17, 1996, a Federal Grand Jury returned a one-count indictment against the defendant in this case, charging him with unlawful presence in the United States after a previous felony conviction …

U.S. v. Wozniak, No. 96-1636, No. 1593 (2nd Cir.) (126 F.3d 105) (September 18, 1997) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Wozniak, No. 96-1636, No. 1593 (2nd Cir.) (126 F.3d 105) (September 18, 1997) (Judge Thomas J. Meskill) by Conviction reversed because the indictment charged the defendant with cocaine and methamphatimine distribution, but the evidence showed only marijuana use. This is another one of those rare cases in which …

U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever) by In this case the court noted the following: "Whether due process has been violated is decided under a balancing test and 'if mere negligent conduct by the prosecutors is asserted, then obviously the …

U.S. v. Fletcher, No. 96-20383 (5th Cir.) (121 F.3d 187) (August 25, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Fletcher, No. 96-20383 (5th Cir.) (121 F.3d 187) (August 25, 1997) (Judge John M. Jr. Duhé) by The defendant was charged in his indictment with bank robbery in violation of 18 U.S.C. § 2113(a); but when the court instructed the jury it also included elements of a § …

U.S. v. Mulderig, No. 95-30206 (5th Cir.) (120 F.3d 534) (August 15, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Mulderig, No. 95-30206 (5th Cir.) (120 F.3d 534) (August 15, 1997) (Judge Carl E. Stewart) by Court held that no hearing was required to determine whether defendant had suffered actual and substantial prejudice from the Government's nine-year pre-indictment delay.

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour) by Here, the Court rejected a claim that a two-year delay in the defendant's indictment violated her due process rights. The Court held that: "Preindictment delay is not a violation of the Due …

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore) by "To prove unconstitutional pre-indictment delay, the defendant must first prove "substantial prejudice to his right to a fair trial." United States v. Brown, 959 F.2d 63, 66 (6th Cir. 1992). The government …

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by

U.S. v. Ross, No. 95-50282 (9th Cir.) (112 F.3d 422) (April 29, 1997) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ross, No. 95-50282 (9th Cir.) (112 F.3d 422) (April 29, 1997) (Judge Robert Boochever) by Case held that eight year delay in indicting defendant, and subsequent 4 1/2 year delay between mistrial and second prosecution did not violate due process.

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by Case held that counts separately charging defendant with unlawful posession of firearm and unlawful possession of ammunition by a convicted felon, based on a single possession of a loaded gun, were multiplicious. This …

U.S. v. Tsinhnahijinnie, No. 96-10082 (9th Cir.) (112 F.3d 988) (April 24, 1997) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Tsinhnahijinnie, No. 96-10082 (9th Cir.) (112 F.3d 988) (April 24, 1997) (Judge Andrew J. Kleinfeld) by Court vacated a conviction based on fatal variance between indictment and evidence as to when the crime was committed. The defendant in this case was indicted on the grounds that "on or …

U.S. v. Oakar, No. 96-3084 (D.C. Cir.) (111 F.3d 146) (April 18, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Surplusage

U.S. v. Oakar, No. 96-3084 (D.C. Cir.) (111 F.3d 146) (April 18, 1997) (Judge Judith W. Rogers) by Case held that material included in an indictment that can fairly be described as 'surplus' may only be stricken if it is irrelevant and prejudicial." (Id., at 157).

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham) by United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard) United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham) Both of these cases deal with the Federal …

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The use of multiple charges: the indispensable cudgel for legalized blackmail! One of the most pristine pages in the United States Attorneys' Manual is the page that …

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by QUOTE OF THE WEEK - The evils of subdividing crimes into multiple parts to enable Congressmen to go down in posterity with a crime named after themselves. "Given the tendency of modern criminal …

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by One of the significant features of this case was a rare, albeit reluctant, finding by the Court that the trial judge had constructively amended the indictment by modifying an essential element of …

U.S. v. Ousley, No. 96-1548 (7th Cir.) (100 F.3d 75) (November 13, 1996) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ousley, No. 96-1548 (7th Cir.) (100 F.3d 75) (November 13, 1996) (Judge Richard D. Cudahy) by Court held that defendant must show actual prejudice before reversal for speedy trial errors based on continuances granted "in the interest of justice.".