Search | Punch and Jurists

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld) by Here the Ninth Circuit reversed a conviction because the district court had erroneously permitted the Government to introduce extensive evidence of the defendant's poverty in order to establish a motive to commit …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Anders Brief

Delgado v. Lewis, No. 97-56162 (9th Cir.) (168 F.3d 1148) (February 23, 1999) (Judge Sidney R. Thomas) by In this case the Court concluded that the petitioner had been denied effective assistance of counsel both at the trial and appellate levels, in the later case because counsel failed to raise …

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam) by Here a majority of the en banc court declined to review a panel's earlier decision, reported at 152 F.3d 1156, which held that the retroactive application of the Child Support Recovery Act was unconstitutional. …

U.S. v. Rodriguez-Ochoa, No. 98-2962EA (8th Cir.) (169 F.3d 529) (February 24, 1999) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Knowledge/Scienter

U.S. v. Rodriguez-Ochoa, No. 98-2962EA (8th Cir.) (169 F.3d 529) (February 24, 1999) (Judge Richard S. Arnold) by The defendants in this case were stopped for speeding; and a consensual search of their car revealed 11.41 kilograms of methamphetamine. They pled guilty of possession of a controlled substance with intent …

U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss) by In this case the Court held that the district court improperly gave a deliberate ignorance instruction where there was strong evidence of actual knowledge, but "little evidence that the defendants purposefully …

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam)

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

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

U.S. v. Galvan-Rodriguez, No. 97-50901 (5th Cir.) (169 F.3d 217) (March 4, 1999) (Per Curiam) by In this immigration case, the Fifth Circuit held that the unauthorized use of a motor vehicle (UUV) is a crime of violence under 18 U.S.C. § 16. Applying a categorical approach, and defining "substantial …

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman)

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

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

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman) by The Court ruled: " In this case, the district court did not abuse its discretion when it admitted evidence relating to Phelps's actions immediately before and after the shooting. " '[B]ad …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams) by This case represents another example of a sudden judicial retreat. The instant decision deals with the constitutionality of one of the 22 separate gun disability provisions contained in 18 …

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay) by In this case, the Court held that a reliable informant's tip that he had seen the defendant three days earlier in a particular apartment with cocaine did not provide probable cause for …

U.S. v. Emerson, No. 6:98-CR-103-C (N.D.Tex.) (46 F.Supp.2d 598) (April 7, 1999) (Judge Samuel Ray Cummings)

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

Filed under: Punch And Jurists

U.S. v. Emerson, No. 6:98-CR-103-C (N.D.Tex.) (46 F.Supp.2d 598) (April 7, 1999) (Judge Samuel Ray Cummings) by In a decision that is certain to be appealed (and which may well set the stage for a review of an issue that has long been ducked by the Supreme Court), District Judge …

U.S. v. Flores, No. 96-10285 (9th Cir.) (172 F.3d 695) (April 2, 1999) (Judge David R. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Flores, No. 96-10285 (9th Cir.) (172 F.3d 695) (April 2, 1999) (Judge David R. Thompson) by Singleton is now officially dead. Last summer, the Tenth Circuit set off a major legal controversy by holding that the testimony of a cooperating witness should have been suppressed because promises of …

U.S. v. Brady, No. 98-1561 (1st Cir.) (168 F.3d 574) (February 28, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Brady, No. 98-1561 (1st Cir.) (168 F.3d 574) (February 28, 1999) (Judge Michael Boudin) by Here the First Circuit delved into the meaning of the use of the "most analogous" guideline, particularly in the context of obstruction of justice, and affirmed the use of § 2J1.2 and its …

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever)

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

Filed under: Punch And Jurists

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever) by Here the Court ordered the district court to disclose to defense counsel a Government debriefing report that had been filed in camera even though both the district court and the Government said they …

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs) by The defendant appealed his conviction on four drug related offenses arguing that the district court omitted from the jury charge several requested instructions, including one directing the jury to disregard …

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub) by Here the Court vacated a sentence and remanded the case to a different judge because the Government had breached its obligations under the plea agreement by taking a position that was "fundamentally …

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl)

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

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

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl) by This is an interesting case in which the First Circuit put the brakes on the Government's ever-expansive ability to enhance a gun sentence if the defendant used or possessed the firearm "in …

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Granados, No. 97-2434 (8th Cir.) (168 F.3d 343) (February 11, 1999) (Per Curiam) by To help put the label of "ineffective assistance of counsel" in context, there ought to be a similar label for "ineffective rulings by judges." The reason is that, while judges seem to survive unscathed …

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker) by This is a significant case that explores two important issues. The first was whether a superseding indictment "relates back" to the filing date of the original indictment for the purposes of …

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer) by In this case the defendant, a lawyer, stole money from the law firm Barnes & Thornburg, where he was a partner. He accomplished this crime by sending legitimate bills to clients but …

U.S. v. Johnson, No. Crim. 94-50015-17 (E.D.Mich.) (34 F.Supp.2d 535) (December 9, 1998) (Judge Paul V. Gadola)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. Crim. 94-50015-17 (E.D.Mich.) (34 F.Supp.2d 535) (December 9, 1998) (Judge Paul V. Gadola) by Relying heavily on the decision in U.S. v. Arana, 18 F.Supp.2d 715, 718 (E.D.Mich. 1998), the Court cited with approval Arana's reasoning that: "[t]he prosecutor is not 'giving' anything; in the Rule …