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U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Threats
U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach) by In her dissent, Judge Rovner acknowledged that while the majority's holding might be defensible under the new version of the Guidelines (which became effective Nov. 1, 1997), its holding was wrong under …
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Charging Decisions
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by QUOTE OF THE WEEK - A medley of comments about the enormous powers the prosecutors have to control sentencing through their charging decisions: In Ashe v. Swenson, 397 U.S. 436, 445 n. 10 …
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Charging Decisions
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …
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, Assimilative Crimes Act
U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina) by In its discussion of the Assimilated Crimes Act (ACA) the court noted, inter alia, that "Prosecution under the ACA is for enforcement of federal law assimilating a state statute, not for enforcement …
U.S. v. Sylve, No. 96-30327 (9th Cir.) (135 F.3d 680) (February 2, 1998) (Judge Robert Boochever)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Assimilative Crimes Act
U.S. v. Sylve, No. 96-30327 (9th Cir.) (135 F.3d 680) (February 2, 1998) (Judge Robert Boochever) by In this case, the Court reversed and vacated the district court's determination that participation in a State deferred program for alcohol abuse was not "punishment" within the meaning of the Assimilative Crimes Act. …
U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Charging Decisions
U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by QUOTE OF THE WEEK - The unfettered power of Federal prosecutors to determine the fates of criminal defendants. "The decision to prosecute this state case as a federal case lies in the …
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by Although the Court held that the vulnerable victim enhancement cannot be based solely on a victim's membership in a certain class, the enhancement does not require a finding that the defendant targeted his …
U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Interstate Commerce
U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …
U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Charging Decisions
U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by QUOTE OF THE WEEK - Some observations on the mandatory minimum sentencing laws. "[T]he mandatory sentencing laws . . . have brought about such relative inflexibility with respect to sentencing that, once the …
U.S. v. Johnson, No. 90-196-S (M.D.Ala.) (981 F.Supp. 1443) (October 23, 1997) (Judge Myron H. Thompson)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Insanity Defense Reform Act
U.S. v. Johnson, No. 90-196-S (M.D.Ala.) (981 F.Supp. 1443) (October 23, 1997) (Judge Myron H. Thompson) by Despite a surprising paucity of case law on the topic, the Court concluded that it may order the unconditional release of a defendant who had been committed provided it finds, by a clear …
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by This case described some of the purposes and limitations of the SCAMS Act as follows: "The foci of the vulnerable victim enhancement and the SCAMS Act differ on two key dimensions. The SCAMS …
U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Interstate Commerce
U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Insanity Defense Reform Act
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins) by The sole issue in this case was the proper interpretation of a provision in the Insanity Defense Reform Act (18 U.S.C. §§ 4241-47). The provision in question, § 4244(d), authorizes the court …
U.S. v. Rivera, No. 96-2188 (1st Cir.) (131 F.3d 222) (December 2, 1997) (Judge Frank M. Coffin)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction
U.S. v. Rivera, No. 96-2188 (1st Cir.) (131 F.3d 222) (December 2, 1997) (Judge Frank M. Coffin) by This case is noted because it involves an attempt by the Government to expand its realm of already broad criminal statutes. Here, it seized upon on a little-known statute, originally enacted in …
U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Interstate Commerce
U.S. v. Hebert, No. 96-41240 (5th Cir.) (131 F.3d 514) (December 15, 1997) (Per Curiam) by Here the Court held that the Hobbs Act justified Federal action (and a sentence of 215 years in prion) in a case where the defenant was convicted of 7 bank robberies where he netted …
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Insanity Defense Reform Act
U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins) by
Barry v. Bergen County Probation Office, No. 96-5577 (3rd Cir.) (128 F.3d 152) (October 22, 1997) (Judge Robert E. Cowen)
Article • December 1, 1997 • from P&J December, 1997
Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction
Barry v. Bergen County Probation Office, No. 96-5577 (3rd Cir.) (128 F.3d 152) (October 22, 1997) (Judge Robert E. Cowen) by Petitioner under obligation to perform community service qualifies for the "in custody" jurisdictional requirement for habeas corpus actions/. One interesting holding in this case was that, for purposes of …
U.S. v. S.A., No. 97-1155 (8th Cir.) (129 F.3d 995) (November 17, 1997) (Judge Roger L. Wollman)
Article • December 1, 1997 • from P&J December, 1997
Filed under: Punch And Jurists, Commitment
U.S. v. S.A., No. 97-1155 (8th Cir.) (129 F.3d 995) (November 17, 1997) (Judge Roger L. Wollman) by Case held that statute providing for civil commitment of offenders (18 USC § 4246) applied to juvenile offenders being held pursuant to the Juvenile Justice and Deliquency Prevention Act (18 USC §§ …
Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Rehabilitation Act of 1973
Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch) by Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams) Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch) Both of these …
U.S. v. Francis, No. 97 Cr. 0008 (RWS) (S.D.N.Y.) (975 F.Supp. 288) (August 15, 1997) (Judge Robert W. Sweet)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Threats
U.S. v. Francis, No. 97 Cr. 0008 (RWS) (S.D.N.Y.) (975 F.Supp. 288) (August 15, 1997) (Judge Robert W. Sweet) by In this case the defendant was charged with making six threatening calls by telephone. He moved to dismiss the indictment as facially defective because it did not allege an essential …
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