Search | Punch and Jurists

U.S. v. Pitt, No. 98-7383 (3rd Cir.) (193 F.3d 751) (October 15, 1999) (Judge David D. Jr. Dowd)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Pitt, No. 98-7383 (3rd Cir.) (193 F.3d 751) (October 15, 1999) (Judge David D. Jr. Dowd) by The defendants in this case were convicted for their roles in attempting to distribute 486 kilograms of cocaine in the United States. In true Iran-contra style, they argued that their criminal …

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit held that the Government violated Rule 41(d) of the Fed.R.Crim.P. by failing to present the defendant with a complete copy of the warrant at the outset …

U.S. v. Daniels, No. 99-55097 (9th Cir.) (195 F.3d 501) (October 21, 1999) (Judge Ferdinand F. Fernandez)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Daniels, No. 99-55097 (9th Cir.) (195 F.3d 501) (October 21, 1999) (Judge Ferdinand F. Fernandez) by

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Recusal, Punch And Jurists

U.S. v. Bremers, No. 98-10716 (5th Cir.) (195 F.3d 221) (November 9, 1999) (Judge Harold R. Jr. DeMoss) by See also In Re McBryde, 117 F.3d 208 (5th Cir. 1997). This is another case in which the Fifth Circuit held that the much embattled Judge John H. McBryde committed reversible …

U.S. v. Miranda, No. CRIM.NO.99-31(4)(JRT/FLN) (D.Minn.) (65 F.Supp.2d 1002) (August 27, 1999) (Judge John R. Tunheim)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Miranda, No. CRIM.NO.99-31(4)(JRT/FLN) (D.Minn.) (65 F.Supp.2d 1002) (August 27, 1999) (Judge John R. Tunheim) by Here the Court held that the Government's two-day delay in informing the defendant about his right to contact the Mexican Consulate violated the Vienna Convention on Consular Rights, but did not prejudice defendant …

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam) by In this case the defendant appealed, arguing that the district court erred in applying the § 2K2.2(b)(5) enhancement because he did not commit another felony offense and there was insufficient evidence that he intended …

U.S. v. Amster, No. 98-7625 (3rd Cir.) (193 F.3d 779) (October 7, 1999) (Judge Anthony J. Scirica)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. Amster, No. 98-7625 (3rd Cir.) (193 F.3d 779) (October 7, 1999) (Judge Anthony J. Scirica) by Here the Court rejected the defendant'c claim that a prior nolo contendere plea should not be counted towards his criminal history category, citing the express language of Application Note 9 to USSG …

U.S. v. Richardson, No. 98-4139 (4th Cir.) (195 F.3d 192) (September 3, 1999) (Judge Paul V. Niemeyer)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Richardson, No. 98-4139 (4th Cir.) (195 F.3d 192) (September 3, 1999) (Judge Paul V. Niemeyer) by The Court's primary reasoning for rejecting the defendant's arguments in this case was that Congress has enacted a number of statutes authorizing and encouraging the U.S., in its capacity as prosecutor, to …

U.S. v. McClendon, No. 98-9557 (11th Cir.) (195 F.3d 598) (October 6, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Grouping

U.S. v. McClendon, No. 98-9557 (11th Cir.) (195 F.3d 598) (October 6, 1999) (Per Curiam) by In this case the Eleventh Circuit joined a minority of Circuits in holding that the grouping of fraud and money laundering counts is appropriate under U.S.S.G. § 3D1.2(d), listing cases on both sides of …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by Here the Sixth Circuit joins a minority of Circuits in holding that a Federal prisoner must exhaust his internal grievance procedures before filing a Bivens-type action even where the claim is only …

U.S. v. Gallo, No. 98-4381 (11th Cir.) (195 F.3d 1278) (November 17, 1999) (Judge Stanley Marcus)

Article • December 1, 1999 • from P&J December, 1999

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

U.S. v. Gallo, No. 98-4381 (11th Cir.) (195 F.3d 1278) (November 17, 1999) (Judge Stanley Marcus) by In this case, the Eleventh Circuit held that there are different standards that apply to the use of the two-level sentence enhancement called for by U.S.S.G. § 2D1.1(b)(1). For defendants who were actually …

U.S. v. Albanese, No. 99-1078 (8th Cir.) (195 F.3d 389) (October 5, 1999) (Judge Pasco M. II Bowman)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Albanese, No. 99-1078 (8th Cir.) (195 F.3d 389) (October 5, 1999) (Judge Pasco M. II Bowman) by The Federal Anti-Gratuity Statute (18.U.S.C. § 201(c)(2)) is once again making legal news. That statute raised a furor in 1998 when a panel from the Tenth Circuit held that testimony of …

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …

Spicer v. Roxbury Correctional Institute, No. 99-6119 (4th Cir.) (194 F.3d 547) (October 18, 1999) (Judge J. Harvie III Wilkinson)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Spicer v. Roxbury Correctional Institute, No. 99-6119 (4th Cir.) (194 F.3d 547) (October 18, 1999) (Judge J. Harvie III Wilkinson) by In this case the Fourth Circuit held that a state prosecutor failed to fulfill his duty under Brady v. Maryland, 373 U.S. 83 (1963), when he failed to inform …

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young) by Here the District Court of Maryland denied a prisoner's civil rights claim under the Eighth Amendment, holding that the random rape of female prisoners by prison guards is not "punishment" for purposes …

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett) by

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by In this case Judge Gertner held that the victims of a prostitution ring, none of whom were included in the indictment, were not "participants" with the leader of the prostitution ring for purposes …

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by Here, in commenting on her power to determine whether a defendant's past criminal history adequately reflects the seriousness of the crimes, Judge Gertner commented: "[J]ust because the Guidelines seem to give a judge …

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (194 F.3d 626) (October 28, 1999) (Judge E. Grady Jolly)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (194 F.3d 626) (October 28, 1999) (Judge E. Grady Jolly) by Here the Court held that making phone calls from Mexico to the U.S. in arranging a murder-for-hire satisfied the jurisdictional element of 18 USC § 1958. The principal issue addressed by the …