Search | Punch and Jurists

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn) by This is an interesting decision in which Judge Kahn took the rare step of reversing a jury’s Federal murder conviction on the grounds that judicial intervention “was necessary to prevent …

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich) by The principal issue before the Court in this case was whether the district court erred in holding the defendant/appellants responsible for the entire amount of loss under U.S. Sentencing Guidelines Manual § …

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson) by Despite a lot of suspicious evidence and unanswered questions by the claimant about the source of funds that had been seized, the Court reversed a forfeiture order under 21 USC § 881(a)(6) …

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner) by Defendant was convicted of two counts of mail fraud following a jury trial. Subsequently, defendant filed a motion for judgment of acquittal under Fed. R. Crim. P. 29, and moved to dismiss the indictment …

U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson) by Here, in the wake of a jury deadlock, Judge Patterson granted a motion for acquittal in a drug conspiracy case, after finding that the evidence against the defendant …

U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson) by Here the Court blasted the validity of a purchased state forensic lab report used to enhance the defendant’s drug sentence, stating it contained “no reliable evidentiary basis for any of the pivotal …

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton) by

U.S. v. Elder, No. 00-10143 (9th Cir.) (309 F.3d 519) (June 7, 2002) (Judge Michael Daly Hawkins)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Elder, No. 00-10143 (9th Cir.) (309 F.3d 519) (June 7, 2002) (Judge Michael Daly Hawkins) by Although this case started out as a typical, run-of-the-mill drug prosecution against the defendant, Marcellus Elder, it quickly turned into an ugly confrontation between the trial judge, Judge Orrick of the N.D.Cal., …

U.S. v. Elder, No. 00-10143 (9th Cir.) (300 F.3d 996) (June 7, 2002) (Judge Michael Daly Hawkins)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Elder, No. 00-10143 (9th Cir.) (300 F.3d 996) (June 7, 2002) (Judge Michael Daly Hawkins) by Here a divided panel from the Ninth Circuit concluded that a defendant had not been prejudiced or denied a fair trial because the district court had his counsel forcibly removed from the …

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White)

Article • June 21, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White) by In this case the Court held that a state legislator did not violate the anti-extortion Hobbs Act (18 U.S.C. §1951) by accepting campaign contributions without an explicit exchange of improper …

U.S. v. Disney, No. 00-2195 (10th Cir.) (253 F.3d 1211) (June 19, 2001) (Judge Michael R. Murphy)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Disney, No. 00-2195 (10th Cir.) (253 F.3d 1211) (June 19, 2001) (Judge Michael R. Murphy) by

U.S. v. Zelenka, No. 3:97-00158 (M.D.Tenn.) (112 F.Supp.2d 708) (November 24, 1999) (Judge John T. Nixon)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Zelenka, No. 3:97-00158 (M.D.Tenn.) (112 F.Supp.2d 708) (November 24, 1999) (Judge John T. Nixon) by

U.S. v. Recio, No. 99-30135 (9th Cir.) (258 F.3d 1069) (September 27, 2000) (Judge James R. Browning)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Recio, No. 99-30135 (9th Cir.) (258 F.3d 1069) (September 27, 2000) (Judge James R. Browning) by The two defendants in this consolidated appeal, Francisco Jimenez Recio and Adrian Lopez-Meza, appealed their convictions of conspiracy to possess with intent to distribute a controlled substance. Jimenez Recio also appealed his …

U.S. v. Silkman, No. 99-4338 (8th Cir.) (220 F.3d 935) (August 30, 2000) (Judge James B. Loken)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Silkman, No. 99-4338 (8th Cir.) (220 F.3d 935) (August 30, 2000) (Judge James B. Loken) by Here, after the defendant was convicted of tax evaision following an earlier remand, the Court held that an unchallenged certificate of assessment is prima facie evidence of a deficiency when a taxpayer …

In Re Lightfoot, No. D-00-0002 (7th Cir.) (217 F.3d 914) (May 19, 2000) (Judge Richard A. Posner)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

In Re Lightfoot, No. D-00-0002 (7th Cir.) (217 F.3d 914) (May 19, 2000) (Judge Richard A. Posner) by As reported in Lindstrom v. Graber, 203 F.3d 470 (7th Cir. 2000), a fugitive sought a stay of his pending extradition to Norway. Although Circuit Judge Rovner granted the requested stay, the …

Lindstrom v. Graber, No. 99-2886 (7th Cir.) (203 F.3d 470) (February 1, 2000) (Judge Richard A. Posner)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

Lindstrom v. Graber, No. 99-2886 (7th Cir.) (203 F.3d 470) (February 1, 2000) (Judge Richard A. Posner) by Here the Seventh Circuit issued formal notice of disciplinary proceedings under Fed.R.App.P. 46(c) against an Assistant U.S. Attorney who deliberately misled the court causing a habeas motion to be rendered moot in …

U.S. v. Bin Laden, No. S(6) 98 Crim.1023 (LBS) (S.D.N.Y.) (58 F.Supp.2d 113) (June 30, 1999) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Bin Laden, No. S(6) 98 Crim.1023 (LBS) (S.D.N.Y.) (58 F.Supp.2d 113) (June 30, 1999) (Judge Leonard B. Sand) by This decision portends a disturbing new approach by the Government in its ongoing efforts to withhold discovery materials from the defense and to seek a veto over a defendant’s …

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore) by See the discussion of the prior decision reported at 174 F.3d 762. This decision, which amends in minor repects and replaces the prior decision, was issued in conjunction with the Court's denial …

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore) by Here the Court vacated the conspiracy convictions of six of the defendants on the grounds that the Government's proof merely showed that they sold crack in the same geographical area - not …

U.S. v. Montilla-Rivera, No. 98-1729 (1st Cir.) (171 F.3d 37) (March 22, 1999) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Montilla-Rivera, No. 98-1729 (1st Cir.) (171 F.3d 37) (March 22, 1999) (Judge Frank M. Coffin) by Case held that district court did not abuse its discretion in denying new trial on basis of newly discovered evidence (affidavits from codefendants exclupating defendant), because new evidence did not give rise …