Search | Punch and Jurists

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn) by In 1992, largely in response to a previous Third Circuit decision (U.S. v. Kopp, 951 F.2d 521 (3rd Cir. 1991)), the Sentencing Commission amended U.S.S.G. § 2F1.1 to provide that “loss” in fraud …

Iacobucci v. Boulter, No. 97-1485 (1st Cir.) (193 F.3d 14) (October 4, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Damages - Punitive

Iacobucci v. Boulter, No. 97-1485 (1st Cir.) (193 F.3d 14) (October 4, 1999) (Judge Bruce M. Selya) by The U.S. Court of Appeals for the First Circuit held that a police officer who made a false arrest may not be assessed punitive damages in a civil rights action brought by …

Cutshall v. Sundquist, No. 97-6276 (6th Cir.) (193 F.3d 467) (October 4, 1999) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Megan's Laws

Cutshall v. Sundquist, No. 97-6276 (6th Cir.) (193 F.3d 467) (October 4, 1999) (Judge James L. Ryan) by In this case a divided Sixth Circuit held that the release of sex offender registry data does not implicate the Due Process Clause and it also rejected a broad range of other …

U.S. v. Hunte, No. 97-1987 (3rd Cir.) (193 F.3d 173) (August 26, 1999) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists

U.S. v. Hunte, No. 97-1987 (3rd Cir.) (193 F.3d 173) (August 26, 1999) (Judge Robert E. Cowen) by In this case, while the 3rd Circuit agreed that 18 USC § 201(c)(2) does not bar the prosecutors from granting immunity to witnesses in exchange for their testimony, it expressely reserved on …

U.S. v. Volpe, No. CR 98-196(S-3) (E.D.N.Y.) (62 F.Supp.2d 887) (July 28, 1999) (Judge Eugene H. Nickerson)

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

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

U.S. v. Volpe, No. CR 98-196(S-3) (E.D.N.Y.) (62 F.Supp.2d 887) (July 28, 1999) (Judge Eugene H. Nickerson) by In this high-profile case, the defendant, police officer Charles Schwarz, was found guilty of conspiring to violate, and violating the civil rights of Abner Louima by assaulting him in the bathroom of …

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner)

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

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

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner) by Here the Court held that granting a defendant a sentence reduction for acceptance of responsibility after he had engaged in acts to obstruct justice was "inconsistent" with the Guidelines and with common …

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner) by Here the Court held that false statements made by a defendant in the hope of convincing the court not to apply an enhancement provision of the Guidelines can amount to obstruction of …

U.S. v. Osuna, No. 98-5005 (10th Cir.) (189 F.3d 1289) (September 2, 1999) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists

U.S. v. Osuna, No. 98-5005 (10th Cir.) (189 F.3d 1289) (September 2, 1999) (Judge William J. Jr. Holloway) by This is an unusually broad decision in which the Tenth Circuit remanded a case back to the district court for a determination as to whether the failure to appoint an interpreter …

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Prison Mail

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams) by The Court of Appeals held that the policy of opening and inspecting a prisoner's outgoing mail is reasonably related to legitimate penological goals and therefore constitutional. This case involves the appeal of …

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, Buyer-Seller Relationship/Instruction

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker) by The principal issue addressed in this case was the ever-expanding scope of conspiracy liability for a defendant whose sole involvement consisted of buying drugs from another member of the conspiracy. Sixteen defendants …

U.S. v. Schwab, No. 98-CR-076-J (D.Wyo.) (61 F.Supp.2d 1196) (July 28, 1999) (Judge Alan B. Johnson)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Schwab, No. 98-CR-076-J (D.Wyo.) (61 F.Supp.2d 1196) (July 28, 1999) (Judge Alan B. Johnson) by In this case defendants were convicted under the National Stolen Property Act of conspiracy to commit interstate transportation of checks obtained by fraud and causing interstate transportation of monies obtained by fraud. The …

U.S. v. Parker, No. 00-3391 (8th Cir.) (267 F.3d 839) (October 9, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Parker, No. 00-3391 (8th Cir.) (267 F.3d 839) (October 9, 2001) (Judge David R. Hansen) by The defendant in this case agreed to cooperate with Customs Officials after he was discovered as a recipient of child pornography on his computer. He agreed to cooperate with Customs and signed …

U.S. v. Yerardi, No. 99-1063 (1st Cir.) (192 F.3d 14) (September 21, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Marital Privilege

U.S. v. Yerardi, No. 99-1063 (1st Cir.) (192 F.3d 14) (September 21, 1999) (Judge Michael Boudin) by This appeal concerns the petitioner’s ability to assert the adverse spousal testimony privilege. Mr. Yerardi was indicted in the district court on 71 counts, including money laundering, extortion, witness intimidation, operating an illegal …

U.S. v. Joy, No. 98-4034 (7th Cir.) (192 F.3d 761) (September 28, 1999) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists

U.S. v. Joy, No. 98-4034 (7th Cir.) (192 F.3d 761) (September 28, 1999) (Judge Daniel A. Manion) by In this case, the prosecutor the prosecutor repeatedly referred to the police as "we" in her closing argument. The defendant argued that this implied the prosecutor was present with the police as …

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin) by Here the Court held that in order to determine the appropriate sentence for a member of a conspiracy the court must make an individualized assessment of the defendant's agreement with the conspiracy. …

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (196 F.3d 383) (November 15, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (196 F.3d 383) (November 15, 1999) (Judge Amalya Lyle Kearse) by This case helps to show the impact of the Supreme Court’s recent decision in Neder v. U.S., 119 S.Ct. 1827 (1999), which held that the erroneous omission of an element of an …

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Gonzalez, No. 98-1687 (2nd Cir.) (192 F.3d 350) (September 22, 1999) (Per Curiam) by United States v. Stevens, 192 F.3d 263 (2nd Cir. 1999) (Judge Pooler) United States v. Gonzalez, 192 F.3d 350 (2nd Cir. 1999) (Per Curiam) The defendants in these two cases sought the near impossible: …

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain) by Here, following the Supreme Court's decsion inMartin v. Hadix, 527 U.S. 343 (1999), the Ninth Circuit held that the attorney fee caps set forth in 42 U.S.C. § 1997e(d) passed constitutional muster …

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld) by The defendant in this case pled guilty to to unlawful transportation of hazardous waste and unlawful storage of hazardous waste. His landlord spent $15,775 removing waste, some of which was classified as …

U.S. v. Laney, No. 98-10032 (9th Cir.) (189 F.3d 954) (August 30, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

U.S. v. Laney, No. 98-10032 (9th Cir.) (189 F.3d 954) (August 30, 1999) (Judge Phyllis A. Kravitch) by Here the Court held that the mandatory restitution statute for sex offense crimes (18 USC § 2259) authorizes the courts to impose restitution obligations to cover future medical and counseling services and …