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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. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by Reversing both the lower court decision and a panel's earlier affirmance of that decision, the en banc court held that the "in furtherance of" element of the offense charged is not limited …

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle) by This case deals with another aspect of the Federal Gun Control laws - namely the prohibitions against the possession of firearms by "ex-felons" (a term which we submit is an oxymoron) who …

Thompson v. Calderon, No. 97-99018 (9th Cir.) (151 F.3d 918) (July 11, 1998) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Thompson v. Calderon, No. 97-99018 (9th Cir.) (151 F.3d 918) (July 11, 1998) (Judge Proctor Jr. Hug) by Case is noted for Judge Reinhardt's dissent in which he complained that the Supreme Court's intervening decision would result in the execution of a man who was convicted and sentenced in a …

U.S. v. Gotti, No. 98 Cr. 42(BDP) (S.D.N.Y.) (9 F.Supp.2d 320) (June 15, 1998) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Gotti, No. 98 Cr. 42(BDP) (S.D.N.Y.) (9 F.Supp.2d 320) (June 15, 1998) (Judge Barrington D. Jr. Parker) by Citing U.S. v. Locasio, 6 F.3d 924, 931 (2nd Cir. 1993), the Court held that "Because the attorney's status as an unsworn witness may inure to the benefot of the …

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas) by

U.S. v. Warren, No. 97-3234 (8th Cir.) (140 F.3d 742) (March 26, 1998) (Judge John B. Jones)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Warren, No. 97-3234 (8th Cir.) (140 F.3d 742) (March 26, 1998) (Judge John B. Jones) by Case held that witness's posttrial testimony was not newly discovered testimony that could support granting a motion for a new trial.

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Court vacated a conviction under 8 USC § 1324(a)(2) due to a lack of evidence that defendant's actions were "in furtherance of" a violation of the law.

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Maybe the reason that it took this decision more than a year and a half to get published was that everyone (except Judge Vazquez) was somewhat embarrassed about the prosecution of this case. …

Caldwell v. U.S., No. 97 Civ. 2125 (HB) (S.D.N.Y.) (992 F.Supp. 363) (January 26, 1998) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Caldwell v. U.S., No. 97 Civ. 2125 (HB) (S.D.N.Y.) (992 F.Supp. 363) (January 26, 1998) (Judge Harold Jr. Baer) by Case held that post-sentencing diagnosis of leukemia was not newly discovered evidence that would justify a new trial and did not give sentencing court any inherent power to modify previously …

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio) by For a more detailed discussion of the facts of this case, see summary of lower court decision reported at 991 F.Supp. 1289 (D.N.M. 1996). Court affirmed vacation of a conviction under 8 …

Lucas v. Johnson, No. 96-10389 (5th Cir.) (132 F.3d 1069) (January 9, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Lucas v. Johnson, No. 96-10389 (5th Cir.) (132 F.3d 1069) (January 9, 1998) (Judge E. Grady Jolly) by Here the Court held that claims of actual innocence based on newly discovered evidence are not sufficient for habeas proceedings absent an independent constitutional violation occurring in the underlying state criminal proceeding. …

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple) by In this case, the defendant engaged in a scheme to defraud his employer, Dairyland Power Cooperative. The defendant's job was to sell the company's used equipment. He would obtain checks from purchasers …

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi) by United States v. Torres, 128 F.3d 38 (2nd Cir. 1997) (Judge Calabresi) United States v. Slaughter, 128 F.3d 623 (8th Cir. 1997) (Judge Rosenbaum) Buried deep in two cases this week …

Kikumura v. U.S., No. 96-3781(AJL) (D.N.J.) (978 F.Supp. 563) (August 28, 1997) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Kikumura v. U.S., No. 96-3781(AJL) (D.N.J.) (978 F.Supp. 563) (August 28, 1997) (Judge Alfred J. Jr. Lechner) by The Granddaddy of all Sentencing Guidelines cases is back for another test of Judge Lechner's iron will and steel fist - and that's always a losing proposition. The original series of Kikumura …

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter) by Here the Government presented no direct evidence that the defendant cased any mailings - relying instead solely on circumstantial evidence. While the Court agreed that sometimes circumstantial evidence will suffice, nevertheless …

U.S. v. Slaughter, No. 97-1005 (8th Cir.) (128 F.3d 623) (October 16, 1997) (Judge James M. Rosenbaum)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Slaughter, No. 97-1005 (8th Cir.) (128 F.3d 623) (October 16, 1997) (Judge James M. Rosenbaum) by United States v. Torres, 128 F.3d 38 (2nd Cir. 1997) (Judge Calabresi) United States v. Slaughter, 128 F.3d 623 (8th Cir. 1997) (Judge Rosenbaum) Buried deep in two cases this week was …

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker) by Court held that while "proximity" and "accessibility" are not proper considerations for the "use" prong of Sec. 924(c), they can help to support a conviction for "carrying" a firearm …

U.S. v. Schlei, No. 95-3004 (11th Cir.) (122 F.3d 944) (September 18, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Schlei, No. 95-3004 (11th Cir.) (122 F.3d 944) (September 18, 1997) (Judge Arthur L. Alarcon) by Here the Court held that under Rule 33, a court may grant a motion for new trial on one of two grounds. First a court may grant a new trial "in the …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (122 F.3d 28) (July 28, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Thompson v. Calderon, No. 95-99014 (9th Cir.) (122 F.3d 28) (July 28, 1997) (Per Curiam) by