Search | Punch and Jurists

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol) by This is the first case we have seen in which a court granted a downward departure on its own motion so the court could impose a sentence of probation rather than a …

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Employment Record

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple) by In discussing the scope of permitted departures under U.S.S.G. § 5H1.5, the court stated that "for most defendants, holding a steady job is not extraordinary, but in fact expected. . . . …

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum)

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

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

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum) by The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that …

U.S. v. Plummer, No. 99-13065 (11th Cir.) (221 F.3d 1298) (August 11, 2000) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Trading with the Enemy Act

U.S. v. Plummer, No. 99-13065 (11th Cir.) (221 F.3d 1298) (August 11, 2000) (Judge Stanley Marcus) by The defendant in this case, a dual U.S. and Bahamian citizen, was seized in a boat in international waters some 40 miles off the Florida coast while allegedly in possession of some $50,000 …

U.S. v. Maslin, No. 99-CR-159-7 (N.D.N.Y.) (2000 WL 1294254) (September 14, 2000) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Maslin, No. 99-CR-159-7 (N.D.N.Y.) (2000 WL 1294254) (September 14, 2000) (Judge Thomas J. McAvoy) by United States v. Swatzie, 228 F.3d 1278 (11th Cir. 2000) (Judge Cox) United States v. Maslin, 2000 WL 1294254 (N.D.N.Y. 9/14/00) (Judge McAvoy) The Supreme Court’s decision on June 26, 2000 in Apprendi …

U.S. v. Mack, No. 99-1265 (3rd Cir.) (229 F.3d 226) (September 29, 2000) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists

U.S. v. Mack, No. 99-1265 (3rd Cir.) (229 F.3d 226) (September 29, 2000) (Judge Will L. Garwood) by The defendant in this case was convicted, after a jury trial, on one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. S 922(g)(1). The district …

U.S. v. Working, No. 98-30121 (9th Cir.) (224 F.3d 1093) (September 11, 2000) (Judge Barry G. Silverman)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Working, No. 98-30121 (9th Cir.) (224 F.3d 1093) (September 11, 2000) (Judge Barry G. Silverman) by In this case a majority of the en banc Court affirmed the granting of a huge 21-level downward departure to a wife accused of the attempted murder of her husband, despite the …

U.S. v. Angle, No. 96-4662 (4th Cir.) (230 F.3d 113) (October 12, 2000) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Angle, No. 96-4662 (4th Cir.) (230 F.3d 113) (October 12, 2000) (Judge James H. Jr. Michael) by This direct appeal dealt with numerous challenges to the convictions and sentences of three defendants following a trial at which they were convicted of various drug conspiracy and money laundering charges. …

Jean v. Collins, No. 95-7694 (4th Cir.) (221 F.3d 656) (July 31, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Jean v. Collins, No. 95-7694 (4th Cir.) (221 F.3d 656) (July 31, 2000) (Per Curiam) by The long history of this saga goes back to well before the Fourth Circuit's 1991 decision in Jean v. Rice, 945 F.2d 82 (4th Cir. 1991) where the Fourth Circuit held that Lesly Jean's …

U.S. v. Martin, No. 00-1039 (1st Cir.) (228 F.3d 1) (September 28, 2000) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Economic Espionage Act

U.S. v. Martin, No. 00-1039 (1st Cir.) (228 F.3d 1) (September 28, 2000) (Judge Juan R. Torruella) by This case is a revealing example of the expanding role of criminal prosecutions pressed by corporations arising out of what were previously civil suits. It is also only the second court to …

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain) by Here, slightly modifying its previous decision reported at 198 F.3d 745, the Court held that an unchallenged presentence report was sufficient to prove by clear and convincing evidence the facts supporting a …

U.S. v. Rogers, No. 99-15150 (11th Cir.) (228 F.3d 1318) (September 29, 2000) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Rogers, No. 99-15150 (11th Cir.) (228 F.3d 1318) (September 29, 2000) (Judge Gerald B. Tjoflat) by Just prior to the instant decision, the Eleventh Circuit held, in U.S. v. Swatzie, No. 00-10729 (11th Cir. 9/27/00), that the plain error rule precluded the defendant in that case from obtaining …

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright) by The defendant in this case challenged the district court's refusal to grant a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 in two ways. First, he contended that the government's representations--both written …

U.S. v. Flemmi, No. 94-10287-MLW (D.Mass.) (108 F.Supp.2d 39) (July 5, 2000) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Flemmi, No. 94-10287-MLW (D.Mass.) (108 F.Supp.2d 39) (July 5, 2000) (Judge Mark L. Wolf) by This case is noted principally as one of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many government officials to …

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 …

U.S. v. Higareda-Ramirez, No. 99-00066 SOM (D.Hawai'I) (107 F.Supp.2d 1248) (July 26, 2000) (Judge Susan Oki Mollway)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Higareda-Ramirez, No. 99-00066 SOM (D.Hawai'I) (107 F.Supp.2d 1248) (July 26, 2000) (Judge Susan Oki Mollway) by The closing lines of the poem that is inscribed at the entrance to the pedestal of the Statute of Liberty in New York Harbor still says to the world: “Give me your …

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes) by Here, joining the 10th Circuit, the First Circuit held the Guidelines’ 16-level sentencing enhancement for aliens convicted of a previous felony applies even if the defendant’s previous felony conviction was vacated subsequent …

U.S. v. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith) by The defendant is this case pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Without any enhancements, the base offense level for illegal …

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple) by This case is noted because of its review of the law, particularly in the Seventh Circuit, dealing with downward departures based on family circumstances pursuant to USSG § 5H1.6, including when the …

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby) by The defendant in this case was convicted of various drug crimes involving the distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846. He was originally sentenced to a …