Search | Punch and Jurists

U.S. v. Dale, No. 97-6082 (6th Cir.) (178 F.3d 429) (May 27, 1999) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists

U.S. v. Dale, No. 97-6082 (6th Cir.) (178 F.3d 429) (May 27, 1999) (Judge Eugene E. Jr. Siler) by With the aid of the defendant's cell-mate, the Government was able to convict the defendant in this case of a conspiracy to import into prison both marijuana and crack-cocaine. The maximum …

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker) by On this fourth appeal from a RICO conviction, the Court held that the district court did not err in finding that the defendant's testimony at his first trial was not corrupted by …

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill) by See also U.S. v. Davis, 151 F.3d 1304, 1307-08 (10th Cir. 1998), U.S. v. Bermudez-Plaza, 221 F.3d 231 (1st Cir. 8/2/00), and U.S. v. Cofield, No. 99-5437 (6th Cir. 11/22/00) - all …

U.S. v. Rucker, No. 96-9412 (11th Cir.) (171 F.3d 1359) (April 9, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Rucker, No. 96-9412 (11th Cir.) (171 F.3d 1359) (April 9, 1999) (Judge Susan H. Black) by Here the Eleventh Circuit held that a district court may not look behind drug convictions that qualify as serious drug offenses under the armed career criminal statute to justify a downward departure …

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by QUOTE OF THE WEEK - The temptation of seizing computers as a means of discovering crimes. "Since electronic storage is likely to contain a greater quantity and variety of information than any …

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus) by Here the Court established two principles to determine whether a mitigating role adjustment under USSG § 3B1.2 is proper - namely, the defendant's role in the relevant conduct and the defendant's …

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Consent

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by This case is noted for its discussion of the Government's growing practice of seizing computers and then rummaging through all of the files on that computer in its efforts to discover evidence …

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Media Access

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist) by It is perhaps fitting that, on the same day the lead article in The New York Times wrote that the Fourth Circuit had become "the boldest conservative court in the …

U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam) by In the topsy-turvy world of criminal law, the Federal Rules of Criminal Procedure can be one of its greatest enigmas. While those Rules were created to govern and to bring about an air of …

U.S. v. Watson, No. 97-3153 (D.C. Cir.) (171 F.3d 695) (April 9, 1999) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Summation

U.S. v. Watson, No. 97-3153 (D.C. Cir.) (171 F.3d 695) (April 9, 1999) (Judge Judith W. Rogers) by In this case, during closing argument, the prosecutor misstated a defense witness’ testimony on a crucial point and did so while purporting to quote the witness’ testimony. The critical issue in this …

U.S. v. Polanco, No. 98 CR. 276(JSR) (S.D.N.Y.) (37 F.Supp.2d 262) (February 10, 1999) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists

U.S. v. Polanco, No. 98 CR. 276(JSR) (S.D.N.Y.) (37 F.Supp.2d 262) (February 10, 1999) (Judge Jed S. Rakoff) by This case is noted for Judge Rakoff's description of the Guidelines as a "Victorian corset around the body of Lady Justice" which "so pinch and distort her natural contours as to …

U.S. v. Montilla-Rivera, No. 98-1729 (1st Cir.) (171 F.3d 37) (March 22, 1999) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Montilla-Rivera, No. 98-1729 (1st Cir.) (171 F.3d 37) (March 22, 1999) (Judge Frank M. Coffin) by Case held that district court did not abuse its discretion in denying new trial on basis of newly discovered evidence (affidavits from codefendants exclupating defendant), because new evidence did not give rise …

U.S. v. Mapp, No. 97-1342 (2nd Cir.) (170 F.3d 328) (March 16, 1999) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Confrontation Clause/Rights

U.S. v. Mapp, No. 97-1342 (2nd Cir.) (170 F.3d 328) (March 16, 1999) (Judge Jose A. Cabranes) by Here the Court rejected a claim that the Sixth Amendment right to counsel was violated when Federal officials arranged for the defendant to be placed in a holding cell with cooperating witnesses. …

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken) by The single issue addressed in this case was whether the defendant qualified for the "safety valve" relief under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, after she repeatedly lied to the …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by QUOTE OF THE WEEK - In 1993, Judge Jack B. Weinstein of the Eastern District of New York addressed the mens rea issues involved in the sentencing of two drug mules who …

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito) by The Court cited the express language of § 3664(f)(2) which states that the district court "shall specify in the restitution order the manner in which, and the schedule according to which, …

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay) by In this case the defendant appealed a restitution order that was imposed at sentencing; and the government contended that the defendant had waived his right to appeal the restitution order as part …

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein) by In this case, Judge Weinstein explained why he gave a substantial sentencing departure to a defendant who was suffering from an advanced and accute stage of HIV symptoms. It is no wonder …

Huddleston v. U.S., No. 87-2 (U.S. Supreme Court) (485 U.S. 681; 108 S.Ct. 1496) (May 2, 1988) (Justice Rehnquist)

Article • April 19, 1999

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

Huddleston v. U.S., No. 87-2 (U.S. Supreme Court) (485 U.S. 681; 108 S.Ct. 1496) (May 2, 1988) (Justice Rehnquist) by This is the Supreme Court's leading case on the admissibility of "other crimes" evidence under Rule 404(b), and it established four requirements that govern the admissibility of such evidence. The …

Bronston v. U.S., No. 71-1011 (U.S. Supreme Court) (409 U.S. 352; 93 S.Ct. 595) (January 10, 1973) (Justice Burger)

Article • April 10, 1999

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Bronston v. U.S., No. 71-1011 (U.S. Supreme Court) (409 U.S. 352; 93 S.Ct. 595) (January 10, 1973) (Justice Burger) by Essentially this case established what has become to be known as the "literal truth" defense and the "stark contrast" rule. Thus the Court held that an unresponsive statement of a …