Search | Punch and Jurists

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman)

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

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

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman) by Here the Court held that testimony about the defendant's prior drug running activities was not prior bad act evidence, but evidence of the charged conspiracy. Citing cases the Court held that …

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones) by Quoting from U.S. v. Sanders, 994 F.2d 200, 206-07 (5th Cir. 1993), the court stated: "In Sanders, this court observed that "using some force on a suspect, pointing a weapon at a …

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: Jury Instructions, Punch And Jurists

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor) by Here the Court held that in a prosecution for bank fraud by falsely claiming insolvency in connection with a loan forgiveness agreement, the defendant is entitled to an instruction on the legal …

U.S. v. Hsia, No. 08-3114 (D.C. Cir.) (176 F.3d 517) (May 18, 1999) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Hsia, No. 08-3114 (D.C. Cir.) (176 F.3d 517) (May 18, 1999) (Judge Stephen F. Williams) by Here the Court held that in a prosecution for causing false statements to be made to the Federal Election Commission, the Government was not required to show that the defendant knew her …

U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Lewitzke, No. 98-2292 (7th Cir.) (176 F.3d 1022) (May 12, 1999) (Judge Ilana Diamond Rovner) by Here the Court agreed that the possession of guns for target shooting qualifies as a "sporting purpose" for purposes of § 2K2.1(b)(2), but held that there was no plain error in holding …

Trobaugh v. Hall, No. 98-4031 (8th Cir.) (176 F.3d 1087) (May 13, 1999) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists

Trobaugh v. Hall, No. 98-4031 (8th Cir.) (176 F.3d 1087) (May 13, 1999) (Judge Richard S. Arnold) by Trobaugh v. Hall, 176 F.3d 1087 (8th Cir. 1999) (Judge Arnold) Lakin v. Stine, 44 F.Supp.2d 897 (E.D.Mich. 1999) (Judge Tarnow) Combined, these two cases are examples of the indifference that some …

U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett) by Relying on Carter v. Kentucky, 450 US 288, the Court held that the trial court had erred in failing to instruct the jury not to draw an adverse inference from the defendant's failure …

U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney) by This case deals with the notice requirements for sentencing enhancement provisions of 21 U.S.C. § 841(b)(1)(A); and it shows how the courts often cater to the Government, even if it entails ignoring …

U.S. v. Lozada-Rivera, No. 98-1351 (1st Cir.) (177 F.3d 98) (May 27, 1999) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Lozada-Rivera, No. 98-1351 (1st Cir.) (177 F.3d 98) (May 27, 1999) (Judge Hugh H. Bownes) by Here the Court held that the trial court erred in admitting jailhouse statements made by the defendant to a cooperating witness without the benefit of counsel; and that the error was not …

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott)

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

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

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott) by Case held that conduct that warrants a sentence enhancement for possession of a gun under USSG § 2D1.1(b)(1) "necessarily defeats" the application of the safety valve under § 5C1.2(2). Here a gun …

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam) by See also U.S. v. Cotroneo, 89 F.3d 510 (8th Cir. 1996), U.S. v. Quinones, 136 F.3d 1293 (11th Cir. 1998, and U.S. v. Johnson, 138 F.3d 115 (4th Cir. 1998) - all of which …

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson)

Article • July 1, 1999 • from P&J September, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson) by The defendant in this case pled guilty to assault with intent to murder her estranged husband, in violation of 18 U.S.C. § 113(a)(1), and to use of a firearm in relation to a …

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, Delegation of Authority

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 …

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

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. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Threats

U.S. v. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill) by In this case, the defendant made a total of eight interstate telephone calls to Child Find of America, Inc.'s hotline. This hotline is dedicated to locating missing children. During the first call, …

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, Fax Transmissions

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 neither Fed.R.Crim.P. Rule 49(b) nor Fed.R.Civ.P. 5(b) authorize service of pleadings or other legal papers by fax upon a party or an opposing attorney.

U.S. v. Pistone, No. 98-2519 (11th Cir.) (177 F.3d 957) (June 3, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Pistone, No. 98-2519 (11th Cir.) (177 F.3d 957) (June 3, 1999) (Per Curiam) by The issue presented in this case was whether, as a matter of law, the government is required to allege and prove an overt act in a prosecution for conspiracy to obstruct commerce in violation …

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, Prosecutorial Misconduct

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. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl) by Here the First Circuit vacated the defendant's convictions - after both the Magistrate Judge and the District Court had ruled in favor of the Government - because it found that the defendant's …

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, Sentences - Authority to Modify

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 …