Search | Punch and Jurists

Keating v. Hood, No. 98-55468 (9th Cir.) (191 F.3d 1053) (September 16, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Burden of Proof

Keating v. Hood, No. 98-55468 (9th Cir.) (191 F.3d 1053) (September 16, 1999) (Judge Stephen Reinhardt) by Here the Court held that instructions that allow a jury to convict without finding every element of the offense violate In Re Winship's requirement that "every fact necessary to constitute the crime" must …

U.S. v. Pregent, No. 98-6309 (4th Cir.) (190 F.3d 279) (August 10, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists

U.S. v. Pregent, No. 98-6309 (4th Cir.) (190 F.3d 279) (August 10, 1999) (Judge Karen J. Williams) by Here the Court held that the district court did not abuse its discretion in refusing to reduce the defendant's term of supervised release, even though it was clear that he had spent …

U.S. v. Klisser, No. 98-1642 (2nd Cir.) (190 F.3d 34) (August 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Klisser, No. 98-1642 (2nd Cir.) (190 F.3d 34) (August 24, 1999) (Per Curiam) by In this case the Second Circuit held that the calculation of a fraud defendant's offense level under Section 2F.1 of the U.S. Sentencing Guidelines may be based on "intended loss" even if no "actual …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner) by In her analysis of the scope of § 5K1.13, Judge Gertner observed: " Broader than U.S.S.G. § 5H1.3, U.S.S.G. § 5K2.13 explicitly "encourages" a departure for a mental condition that reduces the mental capacity …

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner) by In this case Judge Gertner granted a significant downward departure based on aberrant conduct to a defendant who suffered from a gambling compulsion and fell prey to the wiles of a loanshark who offered …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Diaz, No. 98-2120 (10th Cir.) (189 F.3d 1239) (August 27, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Judicial or Administrative Orders

U.S. v. Diaz, No. 98-2120 (10th Cir.) (189 F.3d 1239) (August 27, 1999) (Judge Robert H. Henry) by In 1997, the district court in New Mexico adopted a new policy for handling cases, under which a different judge from Albuquerque sits in the court house in Las Cruces each month. …

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker) by QUOTE OF THE WEEK - The hazards of the elastic conspiracy net in our criminal laws. Judge Learned Hand once described the conspiracy laws of our country as "the darling of the …

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan) by The defendant in this case was convicted of conspiring to transport stolen aircraft parts in interstate commerce, and on appeal one of his arguments was that the district court erred by …

Young v. Weston, No. 98-35377 (9th Cir.) (192 F.3d 870) (May 20, 1999) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Megan's Laws

Young v. Weston, No. 98-35377 (9th Cir.) (192 F.3d 870) (May 20, 1999) (Judge Harry Pregerson) by In its decision, the Court relied heavily on Kansas v. Hendricks, 521 U.S. 346 (1997) where the Supreme Court held that Kansas' involuntary commitment procedure for sexually violent predators did not violate substantive …

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy) by Here, reversing its earlier decision, the Court held that the fact that the defendant engaged in additional criminal conduct after his arrest on state charges would not preclude an acceptance of responsibility …

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis)

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

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

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis) by This case dealt with an alien who had received a final order of exclusion but was still in detention after four years because his native country would not accept …

U.S. v. Loy, No. 98-3636 (3rd Cir.) (191 F.3d 360) (September 8, 1999) (Judge Robert J. Ward)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Loy, No. 98-3636 (3rd Cir.) (191 F.3d 360) (September 8, 1999) (Judge Robert J. Ward) by In this case the Court held that an anticipatory warrant authorizing federal agents to search a defendant's home for child pornography and related items once he picked up a package containing a …

U.S. v. Rivera, No. 97-1223, No. 320 (2nd Cir.) (192 F.3d 81) (September 14, 1999) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

U.S. v. Rivera, No. 97-1223, No. 320 (2nd Cir.) (192 F.3d 81) (September 14, 1999) (Judge Dennis G. Jacobs) by In this case the Second Circuit joined with a number of other Circuits in holding that a district court may properly grant a downward departure on the ground that extreme …

U.S. v. Hayes, No. 98-50609 (9th Cir.) (190 F.3d 939) (September 8, 1999) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Hayes, No. 98-50609 (9th Cir.) (190 F.3d 939) (September 8, 1999) (Judge Pamela Ann Rymer) by The defendant in this case, Darnell Hayes, a college professor, was a target of an investigation into what the court described as "a complicated, multi-party scheme to sell grades for classes that …

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs) by Here the Court stated: "Rudolph's appeal raises the question of whether a district court has the discretion to depart downward on the basis of a defendant's rehabilitative efforts made after the defendant …

U.S. v. Abercrombie, No. CRIM.A. 3:99-00022 (S.D.W.Va.) (59 F.Supp.2d 585) (July 21, 1999) (Judge Joseph R. Goodwin)

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

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Abercrombie, No. CRIM.A. 3:99-00022 (S.D.W.Va.) (59 F.Supp.2d 585) (July 21, 1999) (Judge Joseph R. Goodwin) by At one point in this decision, Judge Goodwin observed that “[n]o appellate court has addressed the issue of whether assistance rendered by a third party may justify a substantial assistance motion.” (Id., …

U.S. v. Colon-Munoz, No. 98-1684 (1st Cir.) (192 F.3d 210) (October 1, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Appointments Clause

U.S. v. Colon-Munoz, No. 98-1684 (1st Cir.) (192 F.3d 210) (October 1, 1999) (Judge Kermit A. Lipez) by In this case, the defendant raised for the first time in his motion for a judgment of acquittal a claim that U.S. Attorney Guillermo Gil's judicial appointment as the interim United States …

U.S. v. Allen, No. 97-8424 (11th Cir.) (190 F.3d 1208) (September 29, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Allen, No. 97-8424 (11th Cir.) (190 F.3d 1208) (September 29, 1999) (Per Curiam) by Here the Court held that, under 18 USC § 1791(d)(1)(B), intent to use a "prohibited object" as a weapon is an essential element of the offense and not merely a sentencing factor. In this …