Search | Punch and Jurists

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor) by Here the Court reversed a district court's order granting a JNOV and a new trial to a prison guard who was convicted of violating the civil rights of a pre-trial inmate by brutally …

U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs) by In a securities-fraud case, judgment setting aside jury's guilty verdict is affirmed where defendant's conducting of "interpositioning" trades was not deceptive or misleading. [Editor's Note: For a more detailed commentary on this …

U.S. v. Wallace, No. 05-1424-cr (2nd Cir.) (532 F.3d 126) (July 8, 2008) (Judge Dennis G. Jacobs)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Controlled Substances

U.S. v. Wallace, No. 05-1424-cr (2nd Cir.) (532 F.3d 126) (July 8, 2008) (Judge Dennis G. Jacobs) by Defendant's conviction for drug- and gun-related offenses is affirmed over claims of error regarding the sufficiency of the evidence to support his conviction, which alleged the government failed to prove that he …

Tucker v. Palmer, No. 07-1408 (6th Cir.) (541 F.3d 652) (September 4, 2008) (Judge Harold A. Ackerman)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Home Invasion

Tucker v. Palmer, No. 07-1408 (6th Cir.) (541 F.3d 652) (September 4, 2008) (Judge Harold A. Ackerman) by This case is noted for Judge Damon Keith's unusually outspoken dissent in which he said he was "outraged," and "embarrassed" that his colleagues would affirm a state trial judge's conviction "without a …

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann) by In a criminal prosecution for securities fraud offenses, defendants' convictions are affirmed over claims that: 1) there was insufficient evidence to support a determination that the interests at issue were "securities" for …

U.S. v. Meyer, No. 06-2961 (8th Cir.) (483 F.3d 865) (April 25, 2007) (Justice O'Connor)

Article • April 1, 2007 • from P&J April, 2007

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Meyer, No. 06-2961 (8th Cir.) (483 F.3d 865) (April 25, 2007) (Justice O'Connor) by Retired U.S. Supreme Court Justice Sandra Day O’Connor continues to move about the country, sitting on various appellate panels and adding her experience and prestige to the ruling made by those panels. In the …

Parr v. U.S., No. 391 (U.S. Supreme Court) (363 U.S. 370; 80 S.Ct. 1171) (June 13, 2060) (Justice Whittaker)

Article • January 13, 2007

Filed under: Punch And Jurists, Legally Compelled Mailing

Parr v. U.S., No. 391 (U.S. Supreme Court) (363 U.S. 370; 80 S.Ct. 1171) (June 13, 2060) (Justice Whittaker) by In this case, the Court found no violation of the mail-fraud statute based upon the "legally compelled mailing" doctrine. Here the alleged scheme was the misappropriation of school-district funds for …

U.S. v. Lake, No. 06-3140 (10th Cir.) (472 F.3d 1247) (January 5, 2007) (Judge Harris L. Hartz)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Legally Compelled Mailing

U.S. v. Lake, No. 06-3140 (10th Cir.) (472 F.3d 1247) (January 5, 2007) (Judge Harris L. Hartz) by In this decision, a panel from the Tenth Circuit reversed the convictions of David Wittig and Douglas Lake, former executives of Westar, Inc., the largest public utility in Kansas, in what can …

U.S. v. $124,700 in U.S. Currency, No. 05-3295 (8th Cir.) (458 F.3d 822) (August 18, 2006) (Judge Steven M. Colloton)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Possession of Cash

U.S. v. $124,700 in U.S. Currency, No. 05-3295 (8th Cir.) (458 F.3d 822) (August 18, 2006) (Judge Steven M. Colloton) by This decision highlights the reality that some courts will go to great lengths to sustain the seizure of a sizeable sum of money - especially in cases involving non-English …

U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer) by The Fourth Circuit addressed an important sentencing issue in these two consolidated cases - namely whether a defendant’s failure to raise any objections to facts stated in his presentence reports constitutes an …

U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist)

Article • September 8, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist) by In this case, the respondent inmates sued under the Freedom of Information Act (FOIA), 5 U.S.C.S. § 552, for disclosure of their presentence investigation reports after their …

U.S. v. Alvarado-Rivera, No. 03-2308 (8th Cir.) (412 F.3d 942) (June 20, 2005) (Judge Diana E. Murphy)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Alvarado-Rivera, No. 03-2308 (8th Cir.) (412 F.3d 942) (June 20, 2005) (Judge Diana E. Murphy) by This case is noted for Judge Bright’s dissent to the imposition of a lengthy drug sentence, which he described with these words: “Martha Alvarado-Rivera was sentenced to ten years in prison, rather …

U.S. v. Elso, No. 04-13043 (11th Cir.) (422 F.3d 1305) (September 2, 2005) (Judge Rosemary Barkett)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Elso, No. 04-13043 (11th Cir.) (422 F.3d 1305) (September 2, 2005) (Judge Rosemary Barkett) by Here, the Eleventh Circuit affirmed amoney laundering convictions against a lawyer, Juan Carlos Elso, who was charged with laundering the drug proceeds of one of his clients. Elso went to his client’s home …

U.S. v. Clawson, No. 03-3910 (8th Cir.) (408 F.3d 556) (May 31, 2005) (Judge C. Arlen Beam)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Distribution to a Minor

U.S. v. Clawson, No. 03-3910 (8th Cir.) (408 F.3d 556) (May 31, 2005) (Judge C. Arlen Beam) by Here the Eighth Circuit rejected the defendant’s claim that the district court had erroneously imposed a five-level sentence enhancement, pursuant to U.S.S.G. § 2G2.2(b), for “distribution” of child pornography to a minor. …

U.S. v. Maali, No. 6:02-CR-171-ORL-28KR (M.D.Fla.) (358 F.Supp.2d 1154) (February 28, 2005) (Judge John II Antoon)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Maali, No. 6:02-CR-171-ORL-28KR (M.D.Fla.) (358 F.Supp.2d 1154) (February 28, 2005) (Judge John II Antoon) by Like the general conspiracy statutes and the RICO statutes, the money laundering statutes have become a prosecutorial tool that not only allows the creative prosecutor the ability to demand penalties far beyond what …

U.S. v. Arroyo, No. 03-3113 (7th Cir.) (406 F.3d 881) (May 5, 2005) (Judge Joel L. Flaum)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Arroyo, No. 03-3113 (7th Cir.) (406 F.3d 881) (May 5, 2005) (Judge Joel L. Flaum) by

U.S. v. Robinson, No. 1:01-CR-131(lek) (N.D.N.Y.) (357 F.Supp.2d 523) (February 23, 2005) (Judge Lawrence E. Kahn)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Robinson, No. 1:01-CR-131(lek) (N.D.N.Y.) (357 F.Supp.2d 523) (February 23, 2005) (Judge Lawrence E. Kahn) by Many defense lawyers are reluctant to fight too hard to correct what they consider to be insignificant inaccuracies that often appear in a presentence report (PSI). They assume (understandably) that (a) raising such …

U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay) by Defendant's conviction for conspiring to distribute drugs is reversed where the government failed to submit sufficient evidence to support the jury's finding that the amount of cocaine defendant agreed to distribute amounted …

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes) by After a district court had ordered the forfeiture of $ 242,484 in cash that had been seized from the claimant because the district court found it was linked to illegal drug activities, …

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill) by Federal prosecutors must have been delirious with excitement when they first learned about this case: with its almost endless supply of defendants all across the country, it had the potential of becoming …