Search | Punch and Jurists

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by This case was first noted in the 5/11/98 issue of P&J, when we discussed the court's earlier noteworthy ruling in U.S. v. Coleman, 138 F.3d 616 (6th Cir. 1998) (Coleman I). In …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by Quote from a dissent by Judge Bright in which he bemoaned the practice, encouraged by the Guidelines, of giving the drug lords minor sentences, while heavily penalizing the smaller players who have …

U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza) by The defendants in this case were the survivying members of the Branch Davidian sect who were charged with and convicted for, among other things, violating 18 U.S.C. § 924(c)(1) based on their …

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, Warrants - General Search

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by In this case the Court held that search warrants obtained by the police and that led to the seizure of documents going back to 1984 were overly broad for failing to specify …

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

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by QUOTE OF THE WEEK - The drag-net effect of the conspiracy laws. Judge Learned Hand once commented that: ". . . many prosecutors seek to sweep within the drag-net of conspiracy all those who …

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt) 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 …

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Martinez, No. 97-20443 (5th Cir.) (181 F.3d 627) (July 15, 1999) (Judge Patrick E. Higginbotham) by Here the Court vacated a conviction because the district court rejected the defendant's vague statement that he had been improperly denied the right to testify on his own behalf without giving him …

U.S. v. Ruiz, No. 98-1698 (7th Cir.) (178 F.3d 877) (May 17, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Ruiz, No. 98-1698 (7th Cir.) (178 F.3d 877) (May 17, 1999) (Judge Ilana Diamond Rovner) by Here, citing cases that held far longer periods were acceptable, the Court held that a two year gap between defendant's past activities and his current charge did not preclude such testimony under …

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson) by Citing the language of Application Note 2, the Court stated: "The note makes clear that a two-level increase in a defendant's base offense level under section 3B1.1(c) is proper only if a …

Taylor v. U.S., No. 97-16069 (9th Cir.) (181 F.3d 1017) (June 18, 1999) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Taylor v. U.S., No. 97-16069 (9th Cir.) (181 F.3d 1017) (June 18, 1999) (Judge Pamela Ann Rymer) by In this lengthy review of the provisions of the PLRA which allow termination of consent decrees, a divided en banc court ultimately held that the motion to terminate was "moot", thus vacating …

U.S. v. Contreras, No. 97-2224 (10th Cir.) (180 F.3d 1204) (June 17, 1999) (Judge David M. Ebel)

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

Filed under: Punch And Jurists

U.S. v. Contreras, No. 97-2224 (10th Cir.) (180 F.3d 1204) (June 17, 1999) (Judge David M. Ebel) by This case contains an extensive discussion of the possibility of a downward sentencing departure based on a parent's coercive influence over a child. The majority, which decided that the appropriate Guideline in …

U.S. v. Robbins, No. 98-8038 (10th Cir.) (179 F.3d 1268) (June 14, 1999) (Judge Bobby R. Baldock)

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

Filed under: Appeals, Punch And Jurists

U.S. v. Robbins, No. 98-8038 (10th Cir.) (179 F.3d 1268) (June 14, 1999) (Judge Bobby R. Baldock) by Here the Court held that a denial of a request for fees and costs under the Hyde Amendment (18 USC 3006A, Note) is subject to the ten-day appeal period provided for in …

In Re Grand Jury Subpoena Duces Tecum Issued to Roe & Roe, No. Cov.A.MJG-99-812 (D.Md.) (49 F.Supp.2d 451) (April 19, 1999) (Judge Marvin J. Garbis)

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

Filed under: Punch And Jurists, Return/Retention of Property

In Re Grand Jury Subpoena Duces Tecum Issued to Roe & Roe, No. Cov.A.MJG-99-812 (D.Md.) (49 F.Supp.2d 451) (April 19, 1999) (Judge Marvin J. Garbis) by Here the Court held that the Government had no "continuing interest" in retaining property that had been seized, and ordered its return under Rule …

Mueller v. Angelone, No. 98-31 (4th Cir.) (181 F.3d 557) (June 14, 1999) (Judge J. Michael Luttig)

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

Filed under: Retroactivity, Punch And Jurists

Mueller v. Angelone, No. 98-31 (4th Cir.) (181 F.3d 557) (June 14, 1999) (Judge J. Michael Luttig) by This capital case from an extremely conservative Circuit is noted for its comprehensive review of the retroactivity issues raised by the enactment of the AEDPA and its analysis of the divergent views …

U.S. v. Kyle, No. Crim.A. SA-98-CR-475 (W.D.Tex.) (49 F.Supp.2d 526) (January 22, 1999) (Judge Orlando L. Garcia)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kyle, No. Crim.A. SA-98-CR-475 (W.D.Tex.) (49 F.Supp.2d 526) (January 22, 1999) (Judge Orlando L. Garcia) by The Court noted that "[w]hile neither of the possessory crimes with which Defendant is charged on their face meet the definition of "crime of violence" contained in see 18 U.S.C. § 16, …

U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie)

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

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

U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie) by The defendant contended that the district court erred in enhancing his sentence under U.S.S.G. § 3B1.1(c) because the record indicated that he was merely a delivery person and a conduit for …

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky) by This case is noted for its review of the standards that apply to the admission of "similar acts" evidence under Rule 404(b) and for its rejection of the Government's motion to …

U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry) by In a detailed analysis of the standards for determining what constitutes impermissible double counting, the Court held that separate enhancements for "otherwise using" a firearm and for physical restraint of victims were …

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat) by Here the Court held that the distruct court abused its discretion by relying collectively on three separate grounds for departure when none of them individually provided an adequate basis for a departure. …

U.S. v. Garrett, No. 96-50609 (9th Cir.) (179 F.3d 1143) (August 16, 1999) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists

U.S. v. Garrett, No. 96-50609 (9th Cir.) (179 F.3d 1143) (August 16, 1999) (Judge Harry Pregerson) by Citing Morris v. Slappy, 461 U.S. 1, 11 (1983), the Court held that the Supreme Court does not require either the defendant or the government to establish a compelling reason to obtain a …