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U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court held that a defendant's ignorance of the mens rea element of the offense with which he is charged renders his guilty plea involuntary as a matter of constitutional law. This …

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin)

Article • July 1, 1996 • from P&J July, 1996

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

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin) by This case covers a number of important sentencing issues that followed the conviction of two defendants for conspiracy to possess and distribute cocaine. One of the defendants (named Chalarca) was …

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong) by

U.S. v. Studley, No. 94-1228 (2nd Cir.) (47 F.3d 569) (February 13, 1995) (Judge James L. Oakes)

Article • April 1, 1995

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

U.S. v. Studley, No. 94-1228 (2nd Cir.) (47 F.3d 569) (February 13, 1995) (Judge James L. Oakes) by This is a significant decision that focuses on the meaning of the "jointly undertaken criminal activity" language in the relevant conduct § 1B1.3 of the Guidelines - and the differences between accomplice …

U.S. v. Vold, No. 95-1521 (7th Cir.) (66 F.3d 915) (October 2, 1995) (Judge William J. Bauer)

Article • January 1, 1995

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

U.S. v. Vold, No. 95-1521 (7th Cir.) (66 F.3d 915) (October 2, 1995) (Judge William J. Bauer) by In this case, the district court found that defendant Cox possessed a .38 caliber derringer "at all times during the manufacturing process" with defendant Vold. The district court relied solely on a …

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein) by Following a remand from the Second Circuit in a case reported at 998 F.2d 84, Judge Weinstein took pains to justify his methodology for attributing large quantities of drugs to the defendants …

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum) by In rendering its decision, the Court warned that "at some point a court's estimation will seem less like a restrained approximation and more like unsupported evidence." (Id., at 1152). Here the Court …

U.S. v. Collado, No. 91-1492 (3rd Cir.) (975 F.3d 985) (September 16, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

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

U.S. v. Collado, No. 91-1492 (3rd Cir.) (975 F.3d 985) (September 16, 1992) (Judge Edward R. Becker) by In one of the seminal and oft-quoted decisions on accomplice liability in drug cases, the Court laid out a detailed analysis for differentiating between accomplice attribution under the Guidelines and accomplice liability …

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein) by In an important decision of the role of mens rea in the sentencing process, Judge Weinstein held that the defendant drug mule could not be sentenced on the basis of the entire …

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone) by In this case, the defendant, Shonubi, had made eight trips to Nigeria for the purpose of obtaining heroin to import into the United States. On the day he was caught, …

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya) by In this case a witness had testified that he made approximately 80 drug-buying trips. The smallest amount of drugs he recalled buying was four ounces, or about 110 grams, and the largest …

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein) by In this case Judge Weinstein addressed the mens rea issues involved in the sentencing of two drug mules who were caught bringing drugs into the country. The drugs had been ingested by …

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin) by The Court held that Judge Weinstein's finding that the defendant could not have reasonably foreseen the amount of heroin in her possession was clearly erroneous, and his refusal to apply …

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings)

Article • January 1, 1994

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

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings) by This decision is noted as one of the most thorough and searching analyses of the concept of accomplice liability under the Guidelines and how it differs from accomplice liability under the law …