Search | Punch and Jurists

U.S. v. Crites, No. 98-3632 (8th Cir.) (176 F.3d 1096) (May 20, 1999) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Presence of Defendant

U.S. v. Crites, No. 98-3632 (8th Cir.) (176 F.3d 1096) (May 20, 1999) (Judge George G. Fagg) by Here, joining a number of other Circuits, the Eighth Circuit held that a defendant was "voluntariliy absent" - so the trial could continue in his absence - when he attempted to commit …

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Mandates and the Mandate Rule

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by Here the Court held that, since the Government failed to meet its burden of proof at the original sentencing, "resentencing does not invite an open season for the government to make the …

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Robinson, No. Crim.A. 1:97CR408JOF (N.D.Ga.) (44 F.Supp.2d 1345) (December 24, 1997) (Judge J. Owen Forrester) by In this case, the district court held that the testimony of a government's fingerprint expert would be suppressed as a discovery sanction for the Government's failure to turn over to the defense …

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by This case is noted for its detailed examination of a very complex Guidelines concept: Can a "prior sentence" be used both to determine a defendant's base offense level under U.S.S.G. § 1B1.3 …

U.S. v. Galiczynski, No. Crim. A. 98-263-1 (E.D.Pa.) (44 F.Supp.2d 707) (March 26, 1999) (Judge Eduardo C. Robreno)

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

Filed under: Punch And Jurists

U.S. v. Galiczynski, No. Crim. A. 98-263-1 (E.D.Pa.) (44 F.Supp.2d 707) (March 26, 1999) (Judge Eduardo C. Robreno) by Here the Court held that the notice provisions of 21 USC § 851(a)(1) are a jurisdictional prerequisite to the imposition of the statutory sentence enhancement for repeat felony drug offenders.

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, Records - Business/Foreign/Public, etc.

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by The Court observed that "[t]he registration of automobiles is a bureaucratic, non adversarial activity undertaken by government employees with no stake in the outcome of criminal proceedings such as this. Accordingly, …

U.S. v. Martinez, No. SA-98-CR-158-OG (W.D.Tex.) (44 F.Supp.2d 835) (March 10, 1999) (Judge Orlando L. Garcia)

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

Filed under: Punch And Jurists, Marital Privilege

U.S. v. Martinez, No. SA-98-CR-158-OG (W.D.Tex.) (44 F.Supp.2d 835) (March 10, 1999) (Judge Orlando L. Garcia) by The Court stated: "The spousal-communications privilege protects "information privately disclosed between husband and wife in the confidence of the marital relationship." Trammel v. United States, 445 U.S. 40, 51, 100 S.Ct. 906, 913, …

U.S. v. Caldwell, No. 98-5213 (6th Cir.) (176 F.3d 898) (May 18, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Caldwell, No. 98-5213 (6th Cir.) (176 F.3d 898) (May 18, 1999) (Judge Karen Nelson Moore) by Another controversial concept spawned by the Guidelines and America's war on drugs is the issue of whether the quantity of drugs is an essential element of the crime, requiring proof beyond a …

U.S. v. Sacko, No. 97-2386 (1st Cir.) (178 F.3d 1) (June 16, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Sacko, No. 97-2386 (1st Cir.) (178 F.3d 1) (June 16, 1999) (Judge Juan R. Torruella) by

U.S. v. Jones, No. 98-3255 (7th Cir.) (178 F.3d 479) (May 17, 1999) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Jones, No. 98-3255 (7th Cir.) (178 F.3d 479) (May 17, 1999) (Judge Frank H. Easterbrook) by The defendant was convicted in Federal court of arson under 18 U.S.C. § 844(i), after throwing a Mototov cocktail into the home of his cousin, causing severe damage. On appeal he challenged …

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn) by Here the Court held that a plea agreement is not completely like a civil contract, even though contract law is useful in its interpretation, and that a district court must look to the …

U.S. v. Comito, No. 98-10202 (9th Cir.) (177 F.3d 1166) (May 27, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Comito, No. 98-10202 (9th Cir.) (177 F.3d 1166) (May 27, 1999) (Judge Stephen Reinhardt) by In this case, the Court emphasized certain minimum due process requirements exist for the revocation of parole and probation; and that, at a minimum, before allowing the use of hearsay evidence, the court …

U.S. v. Hubbell, No. Crim. No. 98-0394 (JR) (D.D.C.) (44 F.Supp.2d 1) (March 18, 1999) (Judge James Robertson)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Hubbell, No. Crim. No. 98-0394 (JR) (D.D.C.) (44 F.Supp.2d 1) (March 18, 1999) (Judge James Robertson) by In a decision that was quickly reversed by the D.C. Circuit, the district court held that an indictment for engaging in a scheme to conceal material facts from government agents was …

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (45 F.Supp.2d 584) (March 18, 1999) (Judge John Feikens)

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

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

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (45 F.Supp.2d 584) (March 18, 1999) (Judge John Feikens) by On remand from the decision reported at 133 F.3d 940, the court held that effective compliance with a long-standing consent decree had been achieved, thus effectively concluding this prolonged litigation.

U.S. v. Elkins, No. 97-3426 (7th Cir.) (176 F.3d 1016) (May 12, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Imprisonment

U.S. v. Elkins, No. 97-3426 (7th Cir.) (176 F.3d 1016) (May 12, 1999) (Judge John L. Coffey) by Here the Court squarely affirmed that "imprisonment", at least in the context of the Guidelines, denotes time actually spent in a penal institution, and does not include time spent in community or …

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court upheld the district court's decision not to apply a two-level enhancement based on USSG § 3B1.4 (Using a minor to commit a crime) because of a patent ambiguity in …

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court denied a Government request to impose a 5-level enhancement under USSG § 2G2.2(b)(4) on the grounds that there is a distinction between sexual harassment and sexual abuse or exploitation. …

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 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 …

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson) by In its holding, the Court relied on U.S. v. Castillo, 140 F.3d 874, 883-84 (10th Cir. 1998) where the Court held that Rule 414 was not unconstitutional. Here the Court affirmed the …

U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists

U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub) by Case held that there was insufficient evidence to convict defendants of participation in continuing enterprise based solely on similarity of crimes where defendants spent some eight years in prison without contact with …