Search | Punch and Jurists

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler) by This is an interesting "old law" case involving the 40 year sentence imposed on General Manuel Noriega for his conviction in 1992 of various offenses, principally drug offenses and a RICO charge. The …

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (180 F.3d 55) (June 9, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Jackson, No. 97-1711(L) (2nd Cir.) (180 F.3d 55) (June 9, 1999) (Judge Amalya Lyle Kearse) by This high-profile case arose out of defendant Autumn Jackson's attempts to extort up to $40 million from actor Bill Cosby, Jr., by threatening to cause tabloid newspapers to publish her claim to …

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, Guideline Amendment/Variances and Retroactivity

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by The Court held that when a defendant appeals a sentence based on a retroactive amendment to the Guidelines, the court has the authority to consider a downward departure based on new circumstances, such …

U.S. v. Hall, No. Crim. JFM-96-0331 (D.Md.) (40 F.Supp.2d 340) (March 30, 1999) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists

U.S. v. Hall, No. Crim. JFM-96-0331 (D.Md.) (40 F.Supp.2d 340) (March 30, 1999) (Judge Diana Gribbon Motz) by This case is noted because Judge Motz concluded that trial counsel's failure to move for a downward departure in sentencing for over-representation of the defendant's criminal history was ineffective assistance of counsel. …

U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers)

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

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

U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers) by In the only published decision to date from a Court of Appeals, the D.C. Circuit held that a former felon's possession of a firearm is not a "crime of violence" that triggers …

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam)

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

Filed under: Retaliation, Punch And Jurists

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam) by This case is particularly noted for its extensive review not only of First Amendment retaliation claims, but also for it review and excellent analysis of the most significant Supreme Court decisions dealing with prison …

U.S. v. Wallace, No. 98 CR 681(JBW) (E.D.N.Y.) (40 F.Supp.2d 131) (March 15, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wallace, No. 98 CR 681(JBW) (E.D.N.Y.) (40 F.Supp.2d 131) (March 15, 1999) (Judge Jack B. Weinstein) by In addition to setting forth in full the jury instructions that were approved in this case, the Court also noted that: "This is nearly a perfect example of a case where …

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, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by In this case the defendant claimed that the district court erred by failing to apply the 1993 amendment to U.S.S.G. § 3B1.1 - Amendment 500 - to determine whether his sentence …

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry) by The defendant in this case was convicted of an assault on a Federal officer, in violation of 18 U.S.C. § 111(b) - and the nature of that crime may explain why the …

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, Special Conditions

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 …

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by This high profile case, which charged five police officers with violating the civil rights of Abner Louima, is noted for its discussion of a number of issues including severance requests based on …

U.S. v. Brooks, No. 97-3560 (8th Cir.) (175 F.3d 605) (April 15, 1998) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Brooks, No. 97-3560 (8th Cir.) (175 F.3d 605) (April 15, 1998) (Judge George G. Fagg) by Here the Court held that, as a matter of law, a person who favors the legalization of marijuana is "incapable of finding a defendant guilty of a drug crime" and thus he …

In Re Grand Jury Subpoena, No. 98-4841 (4th Cir.) (175 F.3d 332) (April 29, 1999) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Subpoenas

In Re Grand Jury Subpoena, No. 98-4841 (4th Cir.) (175 F.3d 332) (April 29, 1999) (Judge J. Michael Luttig) by Here the Court approved the quashing of a subpoena in an ongoing criminal investigation on the grounds that its sole purpose was to obtain discovery for a parallel civil qui …

U.S. v. Gross, No. CR 97-1178 ABC (C.D.Cal.) (41 F.Supp.2d 1096) (April 12, 1999) (Judge Audrey B. Collins)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Gross, No. CR 97-1178 ABC (C.D.Cal.) (41 F.Supp.2d 1096) (April 12, 1999) (Judge Audrey B. Collins) by Here the Court held that a prosecutor's knowing violation of a specific provision of the U.S. Attorney's Manual which requires disclosure of substantial exculpatory materials to the grand jury does not …

U.S. v. McGuire, No. 97-3542 (3rd Cir.) (178 F.3d 203) (May 28, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists

U.S. v. McGuire, No. 97-3542 (3rd Cir.) (178 F.3d 203) (May 28, 1999) (Judge Theodore A. McKee) by This is one of those cases that shows the silly extremes to which Federal prosecutors will go in their attempt to "make a Federal case" out of gossamer. In fairness, it wasn't …

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner) by Here the Court held that the defendant had not "knowingly and voluntarily" waived his rights to a revocation hearing, despite being represented by counsel, and rejected the Govt's contention that a lesser …

U.S. v. Gotti, No. 98 CR 42 (BDP) (S.D.N.Y.) (42 F.Supp.2d 252) (March 16, 1999) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

U.S. v. Gotti, No. 98 CR 42 (BDP) (S.D.N.Y.) (42 F.Supp.2d 252) (March 16, 1999) (Judge Barrington D. Jr. Parker) by Among other rulings, the Court stated: "When Government agents intercept communications pursuant to Title III, "[t]he statute does not forbid the interception of all nonrelevant conversations, but rather instructs …

U.S. v. Onheiber, No. 98-6237 (10th Cir.) (173 F.3d 1254) (March 31, 1999) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Attempts/Incomplete Acts

U.S. v. Onheiber, No. 98-6237 (10th Cir.) (173 F.3d 1254) (March 31, 1999) (Judge Stephen H. Anderson) by This case explains an important twist to the provisions of U.S.S.G. § 2X1.1 - which normally allows a three- level reduction in a sentence where the defendant was convicted of an "attempt" …

U.S. v. Nash, No. 98-1273 (6th Cir.) (175 F.3d 440) (April 28, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Venue - Change of

U.S. v. Nash, No. 98-1273 (6th Cir.) (175 F.3d 440) (April 28, 1999) (Judge Ronald Lee Gilman) by Here the Court held that the district court erred in not transferring venue of a garnishment proceeding to a different district, pursuant to 28 USC § 3004(b)(2), after it was requested, holding …

U.S. v. Davis, No. 98-3103 (8th Cir.) (174 F.3d 941) (April 22, 1999) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 98-3103 (8th Cir.) (174 F.3d 941) (April 22, 1999) (Judge Cynthia Holcomb Hall) by The Court observed: "The Supreme Court has held that "judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein." County …