Search | Punch and Jurists

U.S. v. Padilla, No. 98-1411 (2nd Cir.) (186 F.3d 136) (July 14, 1999) (Judge John R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Padilla, No. 98-1411 (2nd Cir.) (186 F.3d 136) (July 14, 1999) (Judge John R. Gibson) by Here the Court held that the district court erred in allowing the Government to withdraw its § 5K1.1 motion after the defendant was convicted of a new crime, because it had not …

U.S. v. Rodriguez, No. Civ.A. 92-CR-248-WD (D.Colo.) (45 F.Supp.2d 1088) (February 24, 1999) (Judge William F. Downes)

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

Filed under: Punch And Jurists

U.S. v. Rodriguez, No. Civ.A. 92-CR-248-WD (D.Colo.) (45 F.Supp.2d 1088) (February 24, 1999) (Judge William F. Downes) by In this case Judge Downes rejected a "Type C" plea agreement on the grounds that the recommended sentence was "patently unacceptable and impinges on the very concept of justice." (Id., at 1098). …

U.S. v. Barrett, No. 96-2355 (1st Cir.) (178 F.3d 34) (May 27, 1999) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists

U.S. v. Barrett, No. 96-2355 (1st Cir.) (178 F.3d 34) (May 27, 1999) (Judge Sandra L. Lynch) by The Court observed: "There is only one bite at the post-conviction apple unless a second or successive petition can show one of two things: a new rule of constitutional law, made retroactive …

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich)

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

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

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich) by Here the Court held that carrying an unassembled destructive device is insufficient to satisfy either the "use" or "carry" prong of § 924(c)(1); it merely established proximity and accessibility but not active …

U.S. v. Deeb, No. 97-50157 (9th Cir.) (175 F.3d 1163) (May 24, 1999) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Deeb, No. 97-50157 (9th Cir.) (175 F.3d 1163) (May 24, 1999) (Judge Thomas G. Nelson) by Here the Court stated: "The money laundering statute makes it a crime for someone who, "knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

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

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

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by In this case the majority took issue with the Fourth Circuit's holding in U.S. v. Phan, 121 F.3d 149, 153 (4th Cir. 1997) where that court, under similar circumstances, held that the …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by Here the Court held that a conspiracy to commit robbery that violates the Hobbs Act is a "crime of violence" within the meaning of 18 USC § 924(c)(1) which prescribes using or …

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by One of the many issues addressed in this appeal was whether the Border Patrol had sufficient grounds to conclude that it had reasonable suspicion to justify the stopping, the subsequent search, …

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by Here the Court affirmed the use of hearsay evidence under the "present sense impression" exception contained in Rule 803(1) since it was contemporaneously made with little chance for reflection.

U.S. v. Brennan, No. 97-1440 (2nd Cir.) (183 F.3d 139) (July 7, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Brennan, No. 97-1440 (2nd Cir.) (183 F.3d 139) (July 7, 1999) (Judge Pierre N. Leval) by In a decision that the Court itself called "perhaps surprising", the Second Circuit vacated a series of mail fraud convictions obtained pursuant to 18 U.S.C. § 1341 on the ground that venue …

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner held that even limited appeal waiver provisions are against public policy and unenforceable; and she methodically rejected each of the five main arguments normally used to justify appeal …

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner) by QUOTE OF THE WEEK - In a decision in which he sternly rebuked the Government's misuse of a Type C plea agreement for "grotesquely understat[ing] the defendant's relevant conduct, Judge Downes made the …

U.S. v. Alvarado-Torres, No. Crim. 98-3351-R (S.D.Cal.) (45 F.Supp.2d 986) (April 19, 1999) (Judge John S. Sr. Rhoades)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Alvarado-Torres, No. Crim. 98-3351-R (S.D.Cal.) (45 F.Supp.2d 986) (April 19, 1999) (Judge John S. Sr. Rhoades) by Here, distinguishing the Ninth's Circuit's holding in U.S. v. Lombera-Camorlinga, 170 F.3d 1241, the Court held that a violation of the Vienna Convention did not require suppression of statements if the …

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore)

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

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

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore) by Here the Court held that the "gun bump" enhancement contained in USSG § 2D1.1(b)(1) is not precluded because the gun charge was dismissed under the Supreme Court's decision in Bailey v. U.S., …

U.S. v. One 1997 Mercedes E420, No. 98-55142 (9th Cir.) (175 F.3d 1129) (May 3, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. One 1997 Mercedes E420, No. 98-55142 (9th Cir.) (175 F.3d 1129) (May 3, 1999) (Per Curiam) by In this case the Government filed a civil forfeiture action against three vehicles, alleging two separate claims: (1) that the vehicles were purchased with drug money, subjecting them to forfeiture under …

Decora, No. 98-3129 (8th Cir.) (177 F.3d 676) (May 20, 1999) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Heartland Departures

Decora, No. 98-3129 (8th Cir.) (177 F.3d 676) (May 20, 1999) (Judge Gerald W. Heaney) by This is one of those downward departure sentencing cases that proves it never hurts to ask for the moon - because on any given day some Court may agree. In this case, the defendant, …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor)

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

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

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor) by The Court also noted that any restitution made after the discovery does not affect the total loss; and that even if the bank's actual loss is zero, the court should then use …

U.S. v. Pitts, No. 97-4616 (4th Cir.) (176 F.3d 239) (May 4, 1999) (Judge Joseph R. Goodwin)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Pitts, No. 97-4616 (4th Cir.) (176 F.3d 239) (May 4, 1999) (Judge Joseph R. Goodwin) by In this case former FBI agent Earl Edwin Pitts pled guilty to one count of conspiracy to commit espionage and one count of attempted espionage in violation of 18 U.S.C.§ 794. On …

Sandvik v. U.S., No. 97-5891 (11th Cir.) (177 F.3d 1269) (June 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

Sandvik v. U.S., No. 97-5891 (11th Cir.) (177 F.3d 1269) (June 15, 1999) (Per Curiam) by In this case, five days before the final date for filing of such motions, defense counsel attempted to file a petitioner's motion to vacate his sentence pursuant to 28 U.S.C. § 2255 by mailing …