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U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson)

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

Filed under: Punch And Jurists, Threats

U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson) by Here the Court held that Guideline Amendment 552, which deleted the term "express" from the phrase dealing with robberies that involved an "express threat of death", could not be applied retroactively in …

Richardson v. Reno, No. 98-4230 (11th Cir.) (175 F.3d 898) (May 4, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Richardson v. Reno, No. 98-4230 (11th Cir.) (175 F.3d 898) (May 4, 1999) (Per Curiam) by Citing Reno v. American-Arab Anti-Discrimination Committee, 142 L.Ed.2d 940 (1999), the Court held that it was without authority to withdraw its previous mandate in this case and reconsider issues under 8 USC § 1252(b)(9).

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson) by The Court also expressly overruled its decision in U.S. v. De Parias, 805 F.3d 1447 (11th Cir. 1986), to the extent that it implied that the Government must prove some "adverse" effect …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams) by This case represents another example of a sudden judicial retreat. The instant decision deals with the constitutionality of one of the 22 separate gun disability provisions contained in 18 …

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, Interstate Commerce

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by The Court noted that only one Federal appellate court has ruled on the constitutionality of § 922(j), namely the Eighth Circuit in an unpublished decision, U.S. v. Kocourek, 116 F.3d 481, …

U.S. v. Ellzey, No. 97-CR-20034 (C.D.Ill.) (29 F.Supp.2d 505) (December 14, 1998) (Judge Michael Patrick McCuskey)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Ellzey, No. 97-CR-20034 (C.D.Ill.) (29 F.Supp.2d 505) (December 14, 1998) (Judge Michael Patrick McCuskey) by This is a case that should be of interest to the growing numbers of CJA attorneys. As we all know, under the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A, there …

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Threats

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith) by Case held that defendant, who, while speaking with an insurance adjuster regarding repairs to his vehicle, remarked that he was going to shoot his Congressman, lacked requisite intent under statute prohibiting threats against …

Taylor v. Reno, No. 97-36198 (9th Cir.) (164 F.3d 440) (December 31, 1998) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Taylor v. Reno, No. 97-36198 (9th Cir.) (164 F.3d 440) (December 31, 1998) (Judge David R. Thompson) by Case held that release of defendant on bail pending sentencing relinquished primary federal jurisdiction, so that state assumed promary jurisdiction when it then arrested defendant on state charge. The Court concluded as …

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Threats

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter) by Reversing a lower court decision, the 2nd Circuit held that in a prosecution under 18 USC § 875(c) the Government need not prove that a defendant specifically intended his threats to …

U.S. v. Chairse, No. Civil No. 98-1342 (D.Minn.) (18 F.Supp.2d 1021) (August 17, 1998) (Judge Richard H. Kyle)

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

Filed under: Punch And Jurists, Commitment

U.S. v. Chairse, No. Civil No. 98-1342 (D.Minn.) (18 F.Supp.2d 1021) (August 17, 1998) (Judge Richard H. Kyle) by Court held that the Government had failed to show by clear and convincing evidence that defendant's release would create substantial risk of bodily injury to others or serious damage to property …

U.S. v. Thomas, No. 97-3456 (7th Cir.) (155 F.3d 833) (August 11, 1998) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Threats

U.S. v. Thomas, No. 97-3456 (7th Cir.) (155 F.3d 833) (August 11, 1998) (Judge Richard D. Cudahy) by Departing from the rule in most other Circuits, the Seventh Circuit suggested that the content of the defendant's threats alone (as opposed to some overt act) are sufficient to support an enhancement …

U.S. v. Nguyen, No. 97-3106 (10th Cir.) (155 F.3d 1219) (September 3, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Nguyen, No. 97-3106 (10th Cir.) (155 F.3d 1219) (September 3, 1998) (Judge Monroe G. McKay) by Here the Court stated: "We have held that a depletion of assets potentially affecting interstate commerce constitutes a sufficient nexus to interstate commerce under the Hobbs Act. See Zeigler, 19 F.3d at …

U.S. v. Hsu, No. 97-1965 (3rd Cir.) (155 F.3d 189) (August 26, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Economic Espionage Act

U.S. v. Hsu, No. 97-1965 (3rd Cir.) (155 F.3d 189) (August 26, 1998) (Judge Marjorie O. Rendell) by The Court outlined the parameters of this case by stating: "In this appeal we explore for the first time the relationship between the confidentiality provisions of the newly-enacted Economic Espionage Act of …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams) by Here the Court held that a provision of the Gun Control Act which prohibited states from providing guns to police officers with misdemeanor convictions - but not felony convictions …

U.S. v. Gonzales, No. 97-2064 (10th Cir.) (150 F.3d 1246) (July 28, 1998) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Gonzales, No. 97-2064 (10th Cir.) (150 F.3d 1246) (July 28, 1998) (Judge Stephen H. Anderson) by Case held that district court was permitted to order release of CJA vouchers to the press, but it abused its discretion by also ordering the unconditional release of sealed backup documents, motions …

U.S. v. Steele, No. 94-3139 (11th Cir.) (147 F.3d 1316) (July 29, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (147 F.3d 1316) (July 29, 1998) (Judge Edward E. Carnes) by Reversing existing precedent, the en banc court held that an indictment of a practitioner for unlawfully dispensing controlled substances need not aver that it was done outside the course of professional practice.

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore) by Citing the legislative history of the SCAMS Act, which enhances penalties were the victims of telemarketing fraud are over 55, the Court held it was not improper to enhance a defendant's sentence …

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Threats

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold) by Case vacated sentence holding that defendant clearly did not make an express threat of death within the meaning of USSG § 2B3.1(b)(2)(F) by demanding that teller put money in bag "and no …

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, Rule of Lenity

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins) by Decided before the Supreme Court's decision in Caron v. U.S., the Ninth Circuit held that when a state partially restores an ex-felon's rights to possess certain firearms, he should not be prosecuted …

U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter) by Case held that prior decision, issued by two judges after a third judge had passed away, was valid even though one remaining judge on the panel was not a member of …