Search | Punch and Jurists

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay) by In 1969 the Supreme Court held that Constitutional due process "requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives …

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum) by The proverb that bad cases make bad law probably had a lot to do with the decision in this case. Here, the defendant pled guilty to bank fraud. The case does not …

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by Here the Court modified its earlier opinion reported at 161 F.3d 397 by holding that the issue of the applicability of Guideline Amendment to petitioner's sentence was not properly before the …

U.S. v. Ekeland, No. 98-3588 (7th Cir.) (174 F.3d 902) (April 21, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Ekeland, No. 98-3588 (7th Cir.) (174 F.3d 902) (April 21, 1999) (Judge Michael S. Kanne) by The defendant in this case pled guilty to one count of mail fraud, arising out of his activities as a purchasing agent for a subsidiary of Kraft Foods through which he funneled …

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon) by Here the Court reversed a conviction because it found that the prosecutor had committed at least six different types of prosecutorial misconduct "in an effort to destroy the defendant's credibility and in …

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson) by Holding that Eighth Amendment protections, at least in the area of capital punishment, cannot be waived, the court held that the Arizona method of usinf lethal gas to execute inmates is unconstitutional.

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam)

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

Filed under: Sanctions, Punch And Jurists

In Re Flannery, No. 97-8210 (2nd Cir.) (186 F.3d 143) (June 14, 1999) (Per Curiam) by Here the Court announced a relatively mild policy of sanctions for defense attorneys who fail to file briefs, causing appeals to be dismissed, without ever addressing what rights might accrue to the defendants whose …

U.S. v. Szarwark, No. 3:97 CR 28 AS (N.D.Ind.) (40 F.Supp.2d 1020) (April 2, 1998) (Judge Allen Sharp)

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

Filed under: Punch And Jurists

U.S. v. Szarwark, No. 3:97 CR 28 AS (N.D.Ind.) (40 F.Supp.2d 1020) (April 2, 1998) (Judge Allen Sharp) by In this case the defendant, a lawyer, was convicted of mail fraud for embezzling funds from a law firm of which he was a partner. He argued, inter alia, for a …

U.S. v. Medina, No. CRIM. 98-CR-10041-NG (D.Mass.) (41 F.Supp.2d 38) (January 13, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Medina, No. CRIM. 98-CR-10041-NG (D.Mass.) (41 F.Supp.2d 38) (January 13, 1999) (Judge Nancy Gertner) by In one of the better analyses of the Singleton case, Judge Gertner held that while 18 USC § 201(c)(2) may not apply to cutsomary and entrenched practices such as offering leniency to a …

U.S. v. Marshall, No. 97-2699 (11th Cir.) (173 F.3d 1312) (April 26, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Marshall, No. 97-2699 (11th Cir.) (173 F.3d 1312) (April 26, 1999) (Judge Gerald B. Tjoflat) by United States v. Sanchez, 176 F.3d 1214 (9th Cir. 1999) (Judge Alarcon) United States v. Marshall, 173 F.3d 1312 (11th Cir. 1999) (Judge Tjoflat) These two cases present a rare doubleheader: In …

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Threats

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza) by Here the defendant, an inmate, was convicted of sending threatening communications to two persons, and the sentencing court imposed the six-level enhancement set forth in U.S.S.G. § 2A6.1. At his sentencing hearing, …

U.S. v. Ensminger, No. 98-6179 (10th Cir.) (174 F.3d 1143) (April 19, 1999) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Ensminger, No. 98-6179 (10th Cir.) (174 F.3d 1143) (April 19, 1999) (Judge Paul J. Jr. Kelly) by This case is noted for its discussion of whether a sentencing court, in calculating a defendant's sentence in a fraud case under U.S.S.G. § 2F1.1, is limited to "actual" losses occasioned …

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum) by Here the Court held that a district court has the authority, under the Victim and Witness Protection Act, to order restitution for the costs of court-appointed counsel and to order surrender of …

U.S. v. Brawner, No. 96-2298 (6th Cir.) (173 F.3d 966) (April 2, 1999) (Judge James L. Ryan)

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

Filed under: Punch And Jurists

U.S. v. Brawner, No. 96-2298 (6th Cir.) (173 F.3d 966) (April 2, 1999) (Judge James L. Ryan) by Here, disagreeing with the Eighth Circuit, the Court held that Guideline Amendment 521, which removed the targeting language from § 3A1.1, was a clarification of the Guidelines, not a substantive amendment. "Brawner …

U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson)

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

Filed under: Punch And Jurists, Threats

U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson) by Here the Court held that Guideline Amendment 552, which deleted the term "express" from the phrase dealing with robberies that involved an "express threat of death", could not be applied retroactively in …

U.S. v. Allery, No. 98-2644 (8th Cir.) (175 F.3d 610) (April 15, 1999) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Criminal Sexual Abuse

U.S. v. Allery, No. 98-2644 (8th Cir.) (175 F.3d 610) (April 15, 1999) (Judge Morris Sheppard Arnold) by Here the Court held that the fact that the defendant raped a sleeping woman, the resulting lack of "force" that was used "almost necessarily" took the case out of the heartland of …

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé) by This is an interesting Jencks Act (18 U.S.C. § 3500) decision that contains some surprisingly sweeping statements about the scope of the Act and the remedies that are available when the …

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya) by Here the Court rejected a broad series of constitutional challenges to 18 USC §§ 922(g)(8) and 922(g)(9), generally affirming the district court's decision reported at 986 F.Supp. 66. The Court noted that …

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (175 F.3d 48) (April 20, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (175 F.3d 48) (April 20, 1999) (Judge Juan R. Torruella) by In its decision, the Court stated: "The Jencks Act requires the government to provide, upon request, any prior statements of government witnesses that relate to the subject matter of the witnesses' testimony. …

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by This is an interesting and well-reasoned decision which addresses the power of the court to consider a downward sentencing departure at a resentencing in conjunction with a motion to reduce the defendant's sentence …