Search | Punch and Jurists

U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye)

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

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

U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye) by Here the Court held that where the Government's position in litigating an in rem forfeiture proceeding was not justified, the successful claimants were entitled to attorney's fees under …

U.S. v. Hernandez, No. 97-30201 (9th Cir.) (189 F.3d 785) (August 17, 1999) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Hernandez, No. 97-30201 (9th Cir.) (189 F.3d 785) (August 17, 1999) (Judge M. Margaret McKeown) by In this case, the government conceded that Hernandez was "found in" the United States in Oregon, but argues that Hernandez was also "found in" the United States in Washington because section 1326 …

U.S. v. Lara, No. 97-2215 (1st Cir.) (181 F.3d 183) (June 30, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Lara, No. 97-2215 (1st Cir.) (181 F.3d 183) (June 30, 1999) (Judge Bruce M. Selya) by Here the First Circuit rejected the Tenth Circuit's ruling in U.S. v. Singleton, 144 F.3d 1343 as "nothing more than an aberration" and, in its "explicit and unqualified" ruling, it held that …

U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans) by Here, over the dissent of Judge Ripple, the Court held that the district court's refusal to appoint counsel and to conduct a hearing on a motion for resentencing after a retroactive change …

U.S. v. Nunez, No. 98-11010 (5th Cir.) (180 F.3d 227) (August 16, 1999) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Nunez, No. 98-11010 (5th Cir.) (180 F.3d 227) (August 16, 1999) (Judge Jerry E. Smith) by Here the Court held that a jury instruction which permitted the jury to convict on two alternative grounds, one of which was not charged in the indictment, impermissibly expanded the indictment in …

Smalls v. Batista, No. 98-2526 (2nd Cir.) (191 F.3d 272) (July 30, 1999) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

Smalls v. Batista, No. 98-2526 (2nd Cir.) (191 F.3d 272) (July 30, 1999) (Judge Thomas J. Meskill) by In this case the Second Circuit held that an instruction given to a deadlocked jury, which created a duty to persuade other jurors and did not contain cautionary language emphasizing the necessity …

U.S. v. Shaw, No. 98-1454 (8th Cir.) (180 F.3d 920) (June 29, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Shaw, No. 98-1454 (8th Cir.) (180 F.3d 920) (June 29, 1999) (Per Curiam) by The Court stated: "Because Chapter 7's policy statements are not binding, a revocation sentence exceeding the suggested range is just that, a sentence. It is not an "upward departure" because there is no binding …

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Consent

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by In this decision, Judge Gertner forcefully dispelled a common myth, namely that when one gives the police a written "consent" to search his or her premises, that consent is always voluntary and per se …

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz) by Palma v. United States, 48 F.Supp.2d 481 (E.D.Pa. 1999) (Judge Katz) McHugh v. Rubin, 49 F.Supp.2d 105 (E.D.N.Y. 1999) (Judge Platt) Both of these cases are noted as rare examples of a Federal …

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by In this case, the Court held that, notwithstanding the apparent mandatory nature of U.S.S.G. § 5G1.2, a sentencing court may depart from the "stacking" provision of that section to impose concurrent sentences where the …

U.S. v. Loe, No. 4:97CR71 (E.D.Tex.) (49 F.Supp.2d 514) (March 31, 1999) (Judge Paul N. Brown)

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

Filed under: Punch And Jurists, Tainted Funds

U.S. v. Loe, No. 4:97CR71 (E.D.Tex.) (49 F.Supp.2d 514) (March 31, 1999) (Judge Paul N. Brown) by Here the Court vacated a forfeiture verdict and the Government's claim of the facilitation theory under 18 USC § 982 because the Government failed to show a sufficient nexus between the money laundering …

U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs) by The defendant claimed that his victim was constructively released prior to 24 hours because she was left alone at a convenience store on two occasions and could have escaped. The Court concluded: …

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch) by The defendant contended that the court should have used the Guideline sentencing range - and not the mandatory minimum sentence - as the starting point for his § 5K1.1 departure - relying …

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by United States v. Ford, 184 F.3d 566 (6th Cir. 1999) (Judge Gibson) United States v. Smith, 186 F.3d 290 (3rd Cir. 1999) (Judge Weiss) Both of these cases deal with one of …

U.S. v. Mett, No. 97-10504 (9th Cir.) (178 F.3d 1058) (June 1, 1999) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Mett, No. 97-10504 (9th Cir.) (178 F.3d 1058) (June 1, 1999) (Judge Betty Binns Fletcher) by This case is noted for its extensive discussion of the "fiduciary exception" to the attorney client privilege which, in the ERISA context, provides that an employer/fiduciary is disabled from asserting the privilege …

U.S. v. Smith, No. 98-6377 (3rd Cir.) (186 F.3d 290) (August 9, 1999) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Smith, No. 98-6377 (3rd Cir.) (186 F.3d 290) (August 9, 1999) (Judge Joseph F. Jr. Weis) by United States v. Ford, 184 F.3d 566 (6th Cir. 1999) (Judge Gibson) United States v. Smith, 186 F.3d 290 (3rd Cir. 1999) (Judge Weiss) Both of these cases deal with one …

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill) by Here, in reversing an aggravating role enhancement under USSG § 3B1.1(c), the Court held that, despite a statement in the presentence report that the defendant was an organizer of at least 3 …

U.S. v. Waskom, No. 98-10128 (5th Cir.) (179 F.3d 303) (June 22, 1999) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Attempts/Incomplete Acts

U.S. v. Waskom, No. 98-10128 (5th Cir.) (179 F.3d 303) (June 22, 1999) (Judge Fortunato P. Benavides) by This case deals with a frequently-litigated section of the Guidelines, namely U.S.S.G. § 2X1.1(b)(2), which provides for a three-level sentence reduction in a conspiracy case if the co-conspirators are arrested “well before” …

U.S. v. Kimble, No. 97-5998 (11th Cir.) (178 F.3d 1163) (June 22, 1999) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Kimble, No. 97-5998 (11th Cir.) (178 F.3d 1163) (June 22, 1999) (Judge Rosemary Barkett) by In this case, the defendants were convicted of robbing a Fuddruckers restaurant in Miami and then taking the manager's car and using it to escape. After conviction, they were sentenced to 421 and …

U.S. v. Du Bo, No. 97-10443 (9th Cir.) (186 F.3d 1177) (August 10, 1999) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists

U.S. v. Du Bo, No. 97-10443 (9th Cir.) (186 F.3d 1177) (August 10, 1999) (Judge Robert R. Beezer) by This little gem comes from the far-away shores of Saipan where the Government obtained a Hobbs Act conviction against defendant Du Bo after a trial in the United States District Court …