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U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer)

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

Filed under: Punch And Jurists, Grounds for Relief

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer) by Here, following earlier remand reported at 81 F.3d 945, court grants motion to vacate both conviction and sentence on a number of grounds. This case, which has a long and involved history, is …

U.S. v. Ahmad, No. 95-20627 (5th Cir.) (101 F.3d 386) (November 27, 1996) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

U.S. v. Ahmad, No. 95-20627 (5th Cir.) (101 F.3d 386) (November 27, 1996) (Judge Jerry E. Smith) by This is a case involving one of those modern day, convoluted Federal statutes, the Federal Clean Water Act. The defendant was convicted of discharging gasoline into local sewers from a leaky tank …

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby) by United States v. Alerta, 96 F.3d 1230 (9th Cir. 1996) (Judge Canby) United States v. Cecil, 96 F.3d 1344 (10th Cir. 1996) (Judge Baldock) Here are two cases that focus on …

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott) by Court vacated perjury conviction because the jury did not determine the materiality of the alleged false declaration.

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott) by While the dissent labels this case "hypertechnical", its significance can best be measured by the weeping and wailing contained in Judge Kleinfeld's splenetic dissent. He rails that two recent Supreme Court cases …

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (73 F.3d 1220) (December 28, 1995) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (73 F.3d 1220) (December 28, 1995) (Judge J. Daniel Mahoney) by This habeas case involves an appeal from a conviction for structuring cash transactions in violation of 31 U.S.C. §§ 5324(3), 5313(a) and 5322(a), because the jury instructions were erroneous in …

U.S. v. Willey, No. 93-2930 (5th Cir.) (57 F.3d 1374) (June 27, 1995) (Judge Will L. Garwood)

Article • August 1, 1995

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Willey, No. 93-2930 (5th Cir.) (57 F.3d 1374) (June 27, 1995) (Judge Will L. Garwood) by In this case the Fifth Circuit generally acknowledged the validity of the Tenth Circuit's conclusion that "Merely engaging in a transaction with money whose nature has been concealed through other means is …

U.S. v. Crass, No. 94-1789 (1st Cir.) (50 F.3d 81) (March 24, 1995) (Judge Conrad K. Cyr)

Article • January 1, 1995

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Crass, No. 94-1789 (1st Cir.) (50 F.3d 81) (March 24, 1995) (Judge Conrad K. Cyr) by Here the court held that "Intent, like any other elements of the crime charged, may not be contested by the defendant without jeopardizing an downward adjustment for acceptance of responsibility under USSG …