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, Other Crimes/Bad Acts Evidence

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld) by This yarn of a case deals with a novel - albeit obnoxious - Government attempt to expand the parameters of “other crime” evidence under Fed.R.Evid. 404(b). A bank was robbed at gunpoint, …

U.S. v. Navarro, No. 97-41162 (5th Cir.) (169 F.3d 228) (March 8, 1999) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Navarro, No. 97-41162 (5th Cir.) (169 F.3d 228) (March 8, 1999) (Judge Emilio M. Garza) by In this case, the defendant refused to sign a Waiver of Rights and Consent to Proceed by Video-Conference, and he objected that th wanted to be sentenced in person. The district court …

U.S. v. Golding, No. 98-4281 (4th Cir.) (168 F.3d 700) (February 17, 1999) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists

U.S. v. Golding, No. 98-4281 (4th Cir.) (168 F.3d 700) (February 17, 1999) (Judge H. Emory Jr. Widener) by Here the Court held that the prosecutrix's intimidation of a potential witness with threats of prosecution for drug charges, which caused her to refuse to testify, was highly improper and sufficiently …

U.S. v. Barragan-Mendoza, No. 97-30264 (9th Cir.) (174 F.3d 1024) (April 19, 1999) (Judge Otto R. Jr. Skopil)

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

Filed under: Punch And Jurists

U.S. v. Barragan-Mendoza, No. 97-30264 (9th Cir.) (174 F.3d 1024) (April 19, 1999) (Judge Otto R. Jr. Skopil) by Rule 35(c) provided that the court "acting within 7 days after the imposition of sentence, may correct a sentence." In reviewing the history of Rule 35(c), the Court determined that when …

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter) by The Court stressed that the stipulation in question was a limited one: "Mastrangelo "had the chemical background to know the ingredients and equipment necessary to make methamphetamine." Significantly, Mastrangelo did not stipulate …

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam)

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

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

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam) by The Court held: "On appeal, the Government argues that under the terms of Application Note 3 to § 2D1.1(b)(1), the presence of the gun provides sufficient basis for the increase regardless whether the gun …

Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager) by Here the Court rejected a tax-informant's claim for a reward, since he had nothing in writing from the IRS to confirm that it would pay him any reward - even though his …

U.S. v. Turner, No. 98-1258 (1st Cir.) (169 F.3d 84) (February 26, 1999) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Consent

U.S. v. Turner, No. 98-1258 (1st Cir.) (169 F.3d 84) (February 26, 1999) (Judge Conrad K. Cyr) by Here the Court affirmed the suppression of several items of child pornography found on the defendant's computer, holding that the scope of the search exceeded his consent to search his apartment in …

U.S. v. Ohler, No. 98-50282 (9th Cir.) (169 F.3d 1200) (March 9, 1999) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Ohler, No. 98-50282 (9th Cir.) (169 F.3d 1200) (March 9, 1999) (Judge Melvin Brunetti) by In this case the defendant relied upon the holding in U.S. v. Fisher, 106 F.3d 622 (5th Cir. 1997) for the proposition that, by raising her prior convictions during direct examination (as expressly …

U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay) by This is one of those rare cases in which the Sixth Circuit upheld a district court’s dismissal, with prejudice, of an indictment on the grounds of a Speedy Trial violation. As can …

U.S. v. Leahy, No. 98-1176 (7th Cir.) (169 F.3d 433) (February 17, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Statutory Index

U.S. v. Leahy, No. 98-1176 (7th Cir.) (169 F.3d 433) (February 17, 1999) (Judge Michael S. Kanne) by This case is noted because it helps to explain the complex procedures that should be used when no Guideline had been expressly promulgated for the crime at issue (i.e., the specific crime …

U.S. v. Johnson, No. 98-2671 (8th Cir.) (169 F.3d 1092) (February 8, 1999) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 98-2671 (8th Cir.) (169 F.3d 1092) (February 8, 1999) (Judge Diana E. Murphy) by In this case the Eighth Circuit joined all the other circuits in rejecting the Singleton-type argument that the provisions of the Federal Anti-Gratuity Statute prohibit prosecutors from making offers of leniency to …

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

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. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan)

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

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

U.S. v. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan) by Reversing a decision reported at 139 F.3d 748, the en banc court held that the district court erred in excluding relevant evidence corroborating the defendant's self-defense theory that her boyfriend was …

U.S. v. Amlani, No. 98-50326 (9th Cir.) (169 F.3d 1189) (March 3, 1999) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Mandamus, Writ of

U.S. v. Amlani, No. 98-50326 (9th Cir.) (169 F.3d 1189) (March 3, 1999) (Judge Cynthia Holcomb Hall) by Citing its decision in Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir. 1977), the Court identified the following five factors to be considered when determining whether an exercise …

U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella) by United States v. Brown, 169 F.3d 89 (1st Cir. 1999) United States v. Turnipseed, 159 F.3d 383 (9th Cir. 1998) In both of these cases, the Courts rejected defendants' claims that the …

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill) by In this case the defendant was charged with two 0felon-in-possession counts and one count of possessing an unregistered firearm in violation of 26 U.S.C. §§ 5861 and 5871. The government introduced evidence …

U.S. v. Calderon, No. 97-4202 (11th Cir.) (169 F.3d 718) (March 12, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Calderon, No. 97-4202 (11th Cir.) (169 F.3d 718) (March 12, 1999) (Judge Susan H. Black) by Here the Court held that: "To obtain a conviction on a substantive Section 1956(a)(1)(A)(i) promotion charge, the Government bears the burden of proving beyond a reasonable doubt that: (1) the defendant conducted …

U.S. v. Soape, No. 97-41250 (5th Cir.) (169 F.3d 257) (March 9, 1999) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists

U.S. v. Soape, No. 97-41250 (5th Cir.) (169 F.3d 257) (March 9, 1999) (Judge Carolyn Dineen King) by Here the Court rejected a defense claim that the district court had violated the defendant's Sixth Amendment rights under the Compulsory Process Clause by denying his subpoena requests, because he failed to …

U.S. v. Galvez-Falconi, No. 97-1614 (2nd Cir.) (174 F.3d 255) (April 12, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Galvez-Falconi, No. 97-1614 (2nd Cir.) (174 F.3d 255) (April 12, 1999) (Judge John M. Jr. Walker) by In the first decision of its kind in the Second Circuit, the panel in this case held that "in exceptional circumstances, a district court has the authority under U.S.S.G. § 5K2.0 …