Search | Punch and Jurists

U.S. v. Agne, No. 98-1974 (1st Cir.) (214 F.3d 47) (May 31, 2000) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Agne, No. 98-1974 (1st Cir.) (214 F.3d 47) (May 31, 2000) (Judge Frank M. Coffin) by In this case, the First Circuit held that the federal statutory provision that doubles the limitations period for a wire fraud prosecution if the offense "affects a financial institution" (18 U.S.C. § …

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook) by This is an interesting drug conspiracy case which highlights an important distinction between a drug conspiracy and a buyer-seller relationship between drug dealers. In this case, Derrick Hardin, a long-time drug dealer …

U.S. v. Sample, No. 99-3475 (8th Cir.) (213 F.3d 1029) (May 31, 2000) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Sample, No. 99-3475 (8th Cir.) (213 F.3d 1029) (May 31, 2000) (Judge David R. Hansen) by Here the district court granted an upward departure in a credit card fraud case on the grounds that the losses involved did not adequately reflect the seriousness of the defendant's conduct by …

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam) by Here the Court held that advances in DNA technology five years after the defendant's trial and conviction was not enough, on its own, to warrant granting leave to file a second or successive writ …

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt) by In this case, the district court rejected a defendant's motion under 18 U.S.C. § 3006A(e)(1) for funds to retain a clinical psychologist to prove that he was entitled to a downward departure …

U.S. v. Martinez-Gaytan, No. 99-50559 (5th Cir.) (213 F.3d 890) (June 5, 2000) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

U.S. v. Martinez-Gaytan, No. 99-50559 (5th Cir.) (213 F.3d 890) (June 5, 2000) (Judge Cynthia Holcomb Hall) by In this case Government agents intercepted the defendant attempting to enter the U.S. at which time they discovered 75 pounds of marijuana hidden in the gas tank of his car. The defendant …

U.S. v. Ahmad, No. 98-1467 (4th Cir.) (213 F.3d 805) (May 25, 2000) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists

U.S. v. Ahmad, No. 98-1467 (4th Cir.) (213 F.3d 805) (May 25, 2000) (Judge Diana Gribbon Motz) by Here, in holding that the civil in rem forfeiture of $186,000 dollars from illegal deposit structuring and customs offenses did not violate the Eighth Amendment’s Excessive Fines Clause, the Fourth Circuit distinguished …

U.S. v. Mannino, No. 98-1748 (3rd Cir.) (212 F.3d 835) (May 15, 2000) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Mannino, No. 98-1748 (3rd Cir.) (212 F.3d 835) (May 15, 2000) (Judge Theodore A. McKee) by This is an instructive case dealing with motions to vacate, set aside or correct sentences pursuant to 28 U.S.C. § 2255. The two defendants in this case were convicted for their roles …

U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey) by Here the Seventh Circuit once again firmly rejected the use of any downward departures to correct a disparity in sentences between codefendants - even when, as here, the disparities were significant. In …

U.S. v. Hall, No. 99-3141 (D.C. Cir.) (214 F.3d 175) (June 2, 2000) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists

U.S. v. Hall, No. 99-3141 (D.C. Cir.) (214 F.3d 175) (June 2, 2000) (Judge Harry T. Edwards) by The defendant in this case was convicted after a jury trial, and six-days later moved for an extension of time to file a motion for a new trial pursuant to Fed. R. …

U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon) by Here the Court held that the district court erred by not conducting a sufficiently thorough Rule 11(c) plea colloquy in the case of a brain damaged defendant to determine whether it was …

U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne) by In this case the Seventh Circuit, on a Government motion for reconsideration, broadly retreated from the scope of its prior decision reported at 176 F.3d 959 (7th Cir. 1999) which had suggested …

Lee v. Kemna, No. 99-2406 (8th Cir.) (213 F.3d 1037) (May 25, 2000) (Per Curiam)

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

Filed under: Punch And Jurists

Lee v. Kemna, No. 99-2406 (8th Cir.) (213 F.3d 1037) (May 25, 2000) (Per Curiam) by Here the majority concluded that the petitioner had procedurally defaulted on his claim for a new trial, based on a technical interpretation of State law. Judge Bennett dissented, arguing that the State's case was …

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

U.S. v. Search of Music City Marketing, Inc., No. 99-5260 (6th Cir.) (212 F.3d 920) (May 12, 2000) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Search of Music City Marketing, Inc., No. 99-5260 (6th Cir.) (212 F.3d 920) (May 12, 2000) (Judge Cornelia G. Kennedy) by In this case, United States Customs Agents executed a warrant to search the premises of Music City Marketing ("Music City") for drug paraphernalia; seizing various merchandise that …

Treece v. Hochstetler, No. 99-1283 (7th Cir.) (213 F.3d 360) (May 17, 2000) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

Treece v. Hochstetler, No. 99-1283 (7th Cir.) (213 F.3d 360) (May 17, 2000) (Judge John L. Coffey) by Here the Court established a four-prong test to determine the admissibility of other bad acts evidence under Fed.R.Evid. 404(b). First, proof of the other act must be directed towards establishing a matter …

Penry v. Johnson, No. 99-20868 (5th Cir.) (215 F.3d 504) (June 30, 2000) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists

Penry v. Johnson, No. 99-20868 (5th Cir.) (215 F.3d 504) (June 30, 2000) (Judge W. Eugene Davis) by

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney) by The defendant in this case argued that the sentencing court had erred by including in its written judgment a requirement never mentioned orally at the sentencing hearing - namely that he contribute …

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt) by Here the Court held that a defendant was not entitled to funds under 18 USC § 3006A(e)(1) to retain the services of a clinical psychologist to support a claim of diminished mental …

U.S. v. Knights, No. 99-10538 (9th Cir.) (219 F.3d 1138) (August 3, 2000) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Knights, No. 99-10538 (9th Cir.) (219 F.3d 1138) (August 3, 2000) (Judge Ferdinand F. Fernandez) by Here the Ninth Circuit affirmed its long-standing precedent that a general consent to searches given by probationer as a condition of his probation does not justify a warrantless search of his home …