Search | Punch and Jurists

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam) by Here the Court held that the district court was authorized to impose two consecutive terms of imprisonment on a parolee following his violation of a condition of two separate terms of supervised release that …

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)

Article • April 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by Case rejected spirit of U.S. v. Old Chief and held that any error in rejecting defendant's offer to stipulate to felon status was harmless. This case is noted for strong dissent of …

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey) by

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …

U.S. v. Mankins, No. 97-40265 (5th Cir.) (135 F.3d 946) (February 18, 1998) (Judge Henry A. Politz)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mankins, No. 97-40265 (5th Cir.) (135 F.3d 946) (February 18, 1998) (Judge Henry A. Politz) by Here the Court held that 21 USC § 843(b) is a "felony drug offense" under 21 USC § 841(b)(1)(B)(viii) because it prohibits drug distribution.

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina) by In this case the principal issue was whether the district court had erred by sentencing the defendant to five years probation for her conviction under the Assimilated Crimes Act (ACA) when the …

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich) by Here, citing Old Chief v. U.S., 136 L.Ed.2d 574 (1997), the Court held that admitting evidence of the defendant's prior convictions despite his offer to stipulate to his status as a felon …

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman) by This case is noted for the Court's holding on a restitution issue. The Government, after apparently determining that it could only prove a certain amount of losses, stipulated in the plea agreement …

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam) by Incarceration upon revocation of supervised release is proper even when the total incarceration, including the time served for the substantive offense, exceeds the maximum incarceration permissible under the substantive statute. United States v. Proctor, …

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d …

U.S. v. Moore, No. 97-1351 (8th Cir.) (129 F.3d 989) (December 16, 1997) (Judge Donald R. Ross)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Stipulations

U.S. v. Moore, No. 97-1351 (8th Cir.) (129 F.3d 989) (December 16, 1997) (Judge Donald R. Ross) by Court held that Supreme Court's decision in Old Chief v. U.S. did not compel reversal of conviction where court concludes that error resulted only in harmless error. Last year, the Supreme Court …

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam) by Incarceration upon revocation of supervised release is proper even when the total incarceration, including the time served for the substantive offense, exceeds the maximum incarceration permissible under the substantive statute. United States v. Proctor, …

U.S. v. Colt, No. 96-3577 (7th Cir.) (126 F.3d 981) (October 2, 1997) (Judge Michael S. Kanne)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Colt, No. 96-3577 (7th Cir.) (126 F.3d 981) (October 2, 1997) (Judge Michael S. Kanne) by In last week's issue, we reported on a case, Borrego v. U.S., 975 F.Supp. 520 (S.D.N.Y. 1997), which suggested that the provisions of 18 U.S.C. § 3583(e) impose some absolute limits on …

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Sentences - Authorized

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe) by This case highlights both an important limitation on a 1994 amendment to the statutes regulating supervised release (18 U.S.C. § 3583(h)) and an oft-overlooked, but important, provision of the same …

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker) by As the army of armed probation officers continues to grow day by day, revocation of probation cases already consume a significant percentage of the courts' dockets; and they are destined soon to …

Burtch v. U.S. Dept. of the Treasury, No. 96-35066 (9th Cir.) (120 F.3d 1087) (August 15, 1997) (Judge J. Clifford Wallace)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Civil Disabilities

Burtch v. U.S. Dept. of the Treasury, No. 96-35066 (9th Cir.) (120 F.3d 1087) (August 15, 1997) (Judge J. Clifford Wallace) by For a contrary view, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995) and Palma v. U.S., 48 F.Supp.2d 481 (E.D.Pa. 1999). Case held that failure of …

Blaik v. U.S., No. 94-8323 (11th Cir.) (117 F.3d 1288) (July 24, 1997) (Judge Stanley F. Jr. Birch)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Stipulations

Blaik v. U.S., No. 94-8323 (11th Cir.) (117 F.3d 1288) (July 24, 1997) (Judge Stanley F. Jr. Birch) by This is an important restitution case under the "old law", which held, inter alia, that a challenge to illegal restitution payments was permissible under 28 USC § 2255 - although the …

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy) by Joining the Second, Sixth, Eighth and Tenth Circuits, the Ninth Circuit ruled that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed the maximum lengths of sentences specified …

U.S. v. Mueller, No. 95-3777 (7th Cir.) (112 F.3d 277) (April 23, 1997) (Judge Daniel A. Manion)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mueller, No. 95-3777 (7th Cir.) (112 F.3d 277) (April 23, 1997) (Judge Daniel A. Manion) by Here the Court held that "by its plain terms" the underlying elements of 21 USC § 843(b) constitute a controlled substance offense for purposes of the career offender provisions of USSG § …

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Definitions

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter) by The law says that anyone who uses or carries a firearm during and in relation to a crime of violence shall be sentenced to a mandatory term of imprisonment of five years, …