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U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr) by At issue in this appeal is the evidence offered by the prosecution to establish the interstate nexus prong of § 922(g)(1) -- "in or affecting commerce." Although the majority concluded that the …

U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz) by In this case, the defendant sold a total of five ounces of methamphetamine to a confidential informant on two occasions. Because of his prior convictions, he qualified as a career offender under the …

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss)

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

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

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss) by Here the Fifth Circuit held that three prior misdemeanor convictions for driving while intoxicated qualified as "crimes of violence" under USSG § 2L1.2(b)(1)(B) to warrant a four level sentencing enhancement in …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by In this case the Eighth Circuit affirmed a prison sentence of 262 months (21 years and ten months) imposed on a 21-year old Mexican citizen for a drug crime. The defendant’s only prior criminal …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by Quote from an article in the Buffalo Criminal Law Review by two law professors who strongly criticized the Guidelines' as "disfunctional" due to their failure to achieve "honest, wise or equal sentences". QUOTE OF …

U.S. v. Harris, No. 99-1026 (3rd Cir.) (210 F.3d 165) (April 13, 2000) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists

U.S. v. Harris, No. 99-1026 (3rd Cir.) (210 F.3d 165) (April 13, 2000) (Judge Robert E. Cowen) by In this case, the defendant contended that when the government paid several confidential informants to gather information and later had those informants testify at Harris's criminal trial, the government violated the so-called …

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans) by One of the defendants in this multidefendant drug trafficking case presented a question about whether a provision in the continuing criminal enterprise statute was a mere penalty enhancement or an element of …

U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts) by Here the Court granted a downward departure based on a combination of factors, including the lesser harms provisions of USSG § 5K2.11, holding that the various factors were present to a degree …

Payne v. U.S., No. Cov. H-93-1738 (S.D.Tex.) (91 F.Supp.2d 1014) (March 19, 1999) (Judge Vanessa D. Gilmore)

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

Filed under: Punch And Jurists, Tax Returns

Payne v. U.S., No. Cov. H-93-1738 (S.D.Tex.) (91 F.Supp.2d 1014) (March 19, 1999) (Judge Vanessa D. Gilmore) by In this case, District Judge Vanessa Gilmore sternly held that the plaintiff, Jerry S. Payne, a lawyer from Houston, TX, was entitled to receive $1,536,689 in actual damages, plus $1,000 in punitive …

Ramdass v. Angelone, No. 99-7000 (U.S. Supreme Court) (530 U.S. 156; 120 S.Ct. 2113) (June 12, 2000) (Justice Kennedy)

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

Filed under: Jury Instructions, Punch And Jurists

Ramdass v. Angelone, No. 99-7000 (U.S. Supreme Court) (530 U.S. 156; 120 S.Ct. 2113) (June 12, 2000) (Justice Kennedy) by In this case, by a 5 to 4 vote, the Supreme Court upheld a death sentence under Virginia’s “three strikes law” for a convicted murderer, who argued that he had …

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Boyd, No. 98-2035 (7th Cir.) (208 F.3d 638) (April 3, 2000) (Judge Richard A. Posner) by The origins of this provocative decision came from one of the most ignominious sagas of prosecutorial misconduct, cover-up and hypocrisy in the annals of American criminal law. In 1989, indictments were filed …

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King) by Here the Court held that the procedures set forth in § 851(a)(1) are “mandatory” and stated that “if the requirement is not satisfied, a court may not enhance a sentence even if …

U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand) by In this multi-issue opinion, Judge Sand refused to dismiss the governing indictment of the terrorists accused of Embassy bombings on numerous grounds, including lack of proper venue, multiplicious charges, …

U.S. v. Torres-Rosa, No. 98-2250 (1st Cir.) (209 F.3d 4) (March 27, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Torres-Rosa, No. 98-2250 (1st Cir.) (209 F.3d 4) (March 27, 2000) (Judge Bruce M. Selya) by In the 3/20/00 issue of P&J, we noted two cases, U.S. v. Santana, 83 F.Supp.2d 224 (D.Puerto Rico 1999) and U.S. v. Peralta-Ramirez, 83 F.Supp.2d 263 (D.Puerto Rico 2000), in which defendants …

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans) by In this case the Seventh Circuit rejected a constitutional claim that provisions of the continuing criminal enterprise statue (21 USC § 848) set forth element of the crime that the jury had …

U.S. v. Nachamie, No. S2 98 CR. 1238(SAS) (S.D.N.Y.) (91 F.Supp.2d 552) (January 6, 2000) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Subpoenas - Quashing of

U.S. v. Nachamie, No. S2 98 CR. 1238(SAS) (S.D.N.Y.) (91 F.Supp.2d 552) (January 6, 2000) (Judge Shira A. Scheindlin) by Here, despite the general rule that a party generally lacks standing to challenge a subpoena issued to a third party absent a claim of privilege or a proprietary interest in …

U.S. v. Humphrey, No. 98-8001 (10th Cir.) (208 F.3d 1190) (April 4, 2000) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Humphrey, No. 98-8001 (10th Cir.) (208 F.3d 1190) (April 4, 2000) (Judge William J. Jr. Holloway) by In this case, the district court applied the enhancement for using a minor to commit a crime, pursuant to U.S.S.G. § 3B1.4, stating: "[T]he evidence is clear to the Court that …

U.S. v. Matthews, No. 99-4183 (4th Cir.) (209 F.3d 338) (April 13, 2000) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists

U.S. v. Matthews, No. 99-4183 (4th Cir.) (209 F.3d 338) (April 13, 2000) (Judge Diana Gribbon Motz) by In this case, the defendant Matthews, an award winning journalist, appealed his conviction for sending and receiving child pornography over the Internet. In 1995, while working as a business news reporter for …

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans) by In this case, the defendant-prisoner was charged with assaulting a police officer and interfering with two law enforcement agents who were transporting him, fully shackled, to testify as a defense witness in …

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich) by One of the issues addressed in this case was whether two sentences that were imposed were so lengthy that the constituted cruel and unusual punishment under the Eighth Amendment. The defendants were …