Search | Punch and Jurists

U.S. v. Izydore, No. 97-50537 (5th Cir.) (167 F.3d 213) (February 8, 1999) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Izydore, No. 97-50537 (5th Cir.) (167 F.3d 213) (February 8, 1999) (Judge Harold R. Jr. DeMoss) by This case deals with the murky concept of "losses" under the Sentencing Guidelines and it shows how judges will often routinely, but incorrectly, use "consequential losses" to increase a defendant's sentence …

U.S. v. Wolfe, No. CRIM. 97-50065 (E.D.Mich.) (32 F.Supp.2d 945) (January 13, 1999) (Judge Paul V. Gadola)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Wolfe, No. CRIM. 97-50065 (E.D.Mich.) (32 F.Supp.2d 945) (January 13, 1999) (Judge Paul V. Gadola) by "Defendant's last argument concerns the interplay between two statutes: 26 U.S.C. § 5861(d) and 18 U.S.C. § 922(o). Section 922(o) bans the private possession of any machine gun made after the effective …

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay)

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

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

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay) by This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous …

U.S. v. Blandford, No. 98-CR-20036 (C.D.Ill.) (30 F.Supp.2d 1080) (December 30, 1998) (Judge Michael Patrick McCuskey)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses/Expenses

U.S. v. Blandford, No. 98-CR-20036 (C.D.Ill.) (30 F.Supp.2d 1080) (December 30, 1998) (Judge Michael Patrick McCuskey) by Although the Supreme Court once observed that "[t]here can be no equal justice where the kind of trial one gets depends on the amount of money that he has" (see, Griffin v. Illinois, …

U.S. v. Hubbell, No. 98-3080 (D.C. Cir.) (167 F.3d 552) (January 26, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Hubbell, No. 98-3080 (D.C. Cir.) (167 F.3d 552) (January 26, 1999) (Per Curiam) by Over three separate dissents, the Court reversed the district court's decision to dismiss the indictment, holding that the district court had used an improper legal standard in assessing the scope of the defendant's Fifth …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by In 1996 the defendant in this case burglarized a residence in Corpus Christi, Texas and stole five firearms. He was charged with knowingly possessing five stolen firearms that had been shipped …

U.S. v. Hayes, No. 96-80765 (6th Cir.) (171 F.3d 389) (March 23, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Hayes, No. 96-80765 (6th Cir.) (171 F.3d 389) (March 23, 1999) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that a sentencing judge's ex parte consideration of victims' impact letters violated Fed.R.Crim.P. 32, constituted plain error, and required vacation of the sentence. In this case the …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by The Court noted that only one Federal appellate court has ruled on the constitutionality of § 922(j), namely the Eighth Circuit in an unpublished decision, U.S. v. Kocourek, 116 F.3d 481, …

U.S. v. Fischer, No. 96-3587 (11th Cir.) (168 F.3d 1273) (March 4, 1999) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Fischer, No. 96-3587 (11th Cir.) (168 F.3d 1273) (March 4, 1999) (Judge Frank May Hull) by Taking strong issue with a district court's ruling in U.S. v. LaHue, 998 F.Supp. 1182 (D.Kan. 1998) (see the July 20, 1998 issue of P&J), the Eleventh Circuit held that Medicare funds …

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker) by This appeal, which involved the conviction of a high-profile organized crime leader, principally through the testimony of six former members of the Mafia who had become cooperating witnesses, is noted for …

McKee v. U.S., No. 97-2671(L) (2nd Cir.) (167 F.3d 103) (February 2, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

McKee v. U.S., No. 97-2671(L) (2nd Cir.) (167 F.3d 103) (February 2, 1999) (Judge Amalya Lyle Kearse) by Here the defendant contended that the district court erred in concluding that he was not prejudice by the failure of his appellate counsel to challenge the trial court's incorrect definition of reasonable …

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock) by This case involves an appeal by the Government from the sentences imposed on ten Mexican defendants after they were convicted of carrying backpacks of marijuana into the United States. The district court …

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam) by Here the Eleventh Circuit held that evidence of the defendant's buyer-seller relationship with an unnamed source was insufficient to establish the existence of a conspiracy. Citing U.S. v. Townsend, 924 F.2d 1385, 1394 (7th …

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman) by Here the 2nd Circuit again rejected an "unorthodox" plea agreement which required the defendant to waive the right to appeal "any sentence so long as it does not exceed the maximum term …

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green) by Apparently not satisfied with its already virtually unbounded control over the lives of probationers, the Probation Office in this case made the novel request to extend the defendant's period of …

Malone v. Calderon, No. 98-99035 (9th Cir.) (165 F.3d 1234) (January 6, 1999) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Fair Trial

Malone v. Calderon, No. 98-99035 (9th Cir.) (165 F.3d 1234) (January 6, 1999) (Judge Robert R. Beezer) by This decision must be read in conjunction with the Court's order dated January 8, 1999, reported at 164 F.3d 1210, which was reviewed in the February 22, 1999 issue of P&J where …

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker)

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

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

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker) by This appeal, which involved the conviction of a high-profile organized crime leader, principally through the testimony of six former members of the Mafia who had become cooperating witnesses, is noted for …

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg) by Here the Court affirmed a district court's order granting relief to a defendant who was denied credit for 22 months spent on a writ ad prosequendum, which the BOP denied, it did …

Malone v. Calderon, No. 99-99001 (9th Cir.) (167 F.3d 1221) (January 12, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Fair Trial

Malone v. Calderon, No. 99-99001 (9th Cir.) (167 F.3d 1221) (January 12, 1999) (Per Curiam) by This decision must be read in conjunction with the Court's order dated January 8, 1999, reported at 164 F.3d 1210, which was reviewed in the February 22, 1999 issue of P&J where we wrote: …

U.S. v. Page, No. 96-4083 (6th Cir.) (167 F.3d 325) (February 23, 1999) (Per Curiam)

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

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Page, No. 96-4083 (6th Cir.) (167 F.3d 325) (February 23, 1999) (Per Curiam) by In her dissent, Judge Kennedy disagreed that the VAWA criminalized the defendant's pre-travel violence; and Judge Wellford stated "I cannot agree that vague threats, unaccompanied by any physical violence during the course of interstate …