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U.S. v. Amiel, No. 95-1286, No. 1021 (2nd Cir.) (95 F.3d 135) (September 5, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Amiel, No. 95-1286, No. 1021 (2nd Cir.) (95 F.3d 135) (September 5, 1996) (Judge Fred I. Parker) by The Court held that the proper test is whether the jury was so impressed with the judge's partiality to the prosecution trhat it became a factor in determining the defendant's …

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Judicial Hostility

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam) by Case noted that, although Rule 614(b) permits the court to interrogate witnesses, the court may not "convey the court's view about the merits of the party's claim.".

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner) by Here the Court vacated a sentence based on the district court's determination of the quantity of drugs involved because it relied on testimony that was inherently inconsistent - which is "the prototype …

U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Right to Testify/Remain Silent

U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch) by One of the most important provisions contained in the Federal Sentencing Guidelines is an oft overlooked sentence in Application Note 1(a) to §3E1.1 which states that "A defendant may remain silent in …

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel) by Case held that it was not sufficient for the district court to simply adopt the presentence report on the critical issue of the quantity of drugs attributable to defendants when they disputed …

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in the …

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel) by Here the Court found no error in the district court's acceptance of statements of two informants to increase the drug quantities charged to the defendant, even though the Government itself argued that …

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole)

Article • January 1, 1994

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court also held that in evaluating predisposition, the court reviews five factors: (1) the character and reputation of the defendant; (2) whether the government made the initial suggestion of criminal activity; …