Search | Punch and Jurists

U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo) by In this case Judge Bucklo refused to apply a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 even though the defendant lied both to the Court and to the …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

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

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …

U.S. v. Clavijo, No. 97-5197 (11th Cir.) (165 F.3d 1341) (January 29, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Clavijo, No. 97-5197 (11th Cir.) (165 F.3d 1341) (January 29, 1999) (Per Curiam) by In this case the Eleventh Circuit addressed the question of whether a defendant can be precluded from receiving a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 based on co-conspirator liability. The facts established …

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter) by The defendant pled guilty to transmitting child pornography by a computer in violation of 18 U.S.C. § 2252(a). He appealed his sentence contending that the district court should not have enhanced …

U.S. v. Curley, No. 97-6522 (6th Cir.) (167 F.3d 316) (February 11, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists

U.S. v. Curley, No. 97-6522 (6th Cir.) (167 F.3d 316) (February 11, 1999) (Judge Leroy J. Jr. Contie) by Case held that the vulnerable victim enhancement in USSG § 3A1.1(b) does not require proof of targeting, I.e., that defendant intentionally selected or targeted victims based on vulnerability. The Court rejected …

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, Definitions

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by Despite precedent to the contrary, the defendant's claim that an enhancement under USSG § 2K2.1(b)(4) applies only when the firearm had already been "stolen" prior to the defendant's taking possession of …

U.S. v. Riewe, No. 97-10105 (9th Cir.) (165 F.3d 727) (January 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Riewe, No. 97-10105 (9th Cir.) (165 F.3d 727) (January 15, 1999) (Per Curiam) by Relying on its holding in U.S. v. Staufer, 38 F.3d 1103 (9th Cir. 1994), the Court held that the district court's findings were not sufficiently explicit to support court's rejection of defendant's claim of …

U.S. v. Iasiello, No. 97-7339 (3rd Cir.) (166 F.3d 212) (January 22, 1999) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists

U.S. v. Iasiello, No. 97-7339 (3rd Cir.) (166 F.3d 212) (January 22, 1999) (Judge Jane R. Roth) by The Court stated: "Rule 8(c) of the Rules Governing Section 2255 Proceedings, 28 U.S.C. foll. § 2255, provides that "[i]f an evidentiary hearing is required, the judge shall appoint counsel for a …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …

U.S. v. Bond, No. 98-50074 (5th Cir.) (167 F.3d 225) (February 8, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Searches - Containers/Luggage

U.S. v. Bond, No. 98-50074 (5th Cir.) (167 F.3d 225) (February 8, 1999) (Judge John M. Jr. Duhé) by Prior to the Supreme Court's decision in Bond v. U.S., U.S. Sup. Ct. No. 98-9349 (4/17/00), the Circuits appear to be split on the issue of whether the manipulatioon of luggage …

Perkins v. Kansas Dept. of Corrections, No. 98-3005 (10th Cir.) (165 F.3d 803) (January 27, 1999) (Judge John C. Porfilio)

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

Filed under: Appeals, Punch And Jurists

Perkins v. Kansas Dept. of Corrections, No. 98-3005 (10th Cir.) (165 F.3d 803) (January 27, 1999) (Judge John C. Porfilio) by The court held: "Although plaintiff's complaint does not include an express request for injunctive relief, a liberal construction of his allegations demonstrates a clear desire for injunctive relief. Our …

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg) by The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Consent

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner held that the mere fact that an inmate signs consent forms acknowledging that the prison has the right to record phone conversations does not mean that the prison has complied …

Kapral v. U.S., No. 97-5545 (3rd Cir.) (166 F.3d 565) (February 2, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists

Kapral v. U.S., No. 97-5545 (3rd Cir.) (166 F.3d 565) (February 2, 1999) (Judge Theodore A. McKee) by In this case, the district court dismissed the petitioner's § 2255 motion on the grounds that it was not filed within one year from the date on which his conviction became "final." …

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott)

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

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

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott) by This revised decision, which was first discussed in the Jan. 11, 1999 issue of P&J, is noted because one of the issues addressed was whether it was proper to admit evidence to …

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson) by In this case, Judge Thompson held that the provisions of 18 U.S.C. §§ 3583(b), (e)(3) and (h) impose a finite limit on the amount of time for which a defendant may …

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook) by Here the Court held that "stipulation" as used in USSG § 1B1.2(a) does not require a defendant's acknowledgment of more serious conduct to be part of a formal procedure and encompasses oral …

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg) by The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy …

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore) by Here the Court held that the defendant was not prohibited from possessing firearms at the time those firearms were seized because his rights had been sufficiently restored within the meaning of …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

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

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by In rejecting the defendant's claim that the district court improperly admitted hearsay evidence, the Court observed that: "While a statement, other than one made by the declarant while testifying at trial, is …