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U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch) by In a workers' compensation insurance fraud criminal case, after a jury convicted defendant of two counts of mail fraud, the United States District Court for the District of Massachusetts dismissed the convictions …

U.S. v. Carucci, No. 02-2198 (1st Cir.) (364 F.3d 339) (April 13, 2004) (Judge Norman H. Stahl)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Carucci, No. 02-2198 (1st Cir.) (364 F.3d 339) (April 13, 2004) (Judge Norman H. Stahl) by In this case the First Circuit overturned the money laundering convictions of a Boston realtor, who sold several parcels of real estate to the notorious gangster Stephen Flemmi, on the grounds that …

U.S. v. Alfonso, No. CRIM.A. 01-10468-WGY (D.Mass.) (284 F.Supp.2d 193) (August 13, 2003) (Judge William G. Young)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Alfonso, No. CRIM.A. 01-10468-WGY (D.Mass.) (284 F.Supp.2d 193) (August 13, 2003) (Judge William G. Young) by In this decision, Judge Young has presented an exhaustive and highly informative guide to the state of the law on the sweat patch method of drug testing, which is now used by …

U.S. v. Ceballos, No. 01-1431 (2nd Cir.) (340 F.3d 115) (August 14, 2003) (Judge Amalya Lyle Kearse)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Bribes and Gratuities

U.S. v. Ceballos, No. 01-1431 (2nd Cir.) (340 F.3d 115) (August 14, 2003) (Judge Amalya Lyle Kearse) by Conviction of conspiracy to bribe a public official, in violation of 18 U.S.C. §§ 201(b)(1)(A) and 371 is reversed where evidence at trial was insufficient to permit an inference that defendant was …

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black)

Article • August 30, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black) by The petitioner in this case was found guilty of loitering and disorderly conduct. He moved for dismissal of the charges, on the ground that a conviction would deprive him of …

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen) by

Yates v. U.S., No. 6 (U.S. Supreme Court) (354 U.S. 298; 77 S.Ct. 1064) (June 17, 2057) (Justice Harlan)

Article • June 9, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

Yates v. U.S., No. 6 (U.S. Supreme Court) (354 U.S. 298; 77 S.Ct. 1064) (June 17, 2057) (Justice Harlan) by Here the Court held that a verdict must be set aside where the verdict is supportable on one ground but not on another, and it is impossible to tell which …

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (351 F.3d 499) (June 30, 2003) (Judge James Larry Edmondson) by In U.S. v. $242,484.00, 318 F.3d 1240 (11th Cir. 2003) (P&J, 03/10/2003), the Eleventh Circuit reversed a forfeiture order that had been granted under 21 U.S.C. § 881(a)(6) on the grounds that …

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam) by Here the Court held that the district court had erred in ruling that the defendant/inmate had no rights under the FOIA to obtain a copy of his presentence report while in prison, a ruling …

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn) by This is an interesting decision in which Judge Kahn took the rare step of reversing a jury’s Federal murder conviction on the grounds that judicial intervention “was necessary to prevent …

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich) by The principal issue before the Court in this case was whether the district court erred in holding the defendant/appellants responsible for the entire amount of loss under U.S. Sentencing Guidelines Manual § …

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,484.00, No. 01-16485 (11th Cir.) (318 F.3d 1240) (January 22, 2003) (Judge James Larry Edmondson) by Despite a lot of suspicious evidence and unanswered questions by the claimant about the source of funds that had been seized, the Court reversed a forfeiture order under 21 USC § 881(a)(6) …

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch) by Among the many issues raised in this lengthy drug conspiracy appeal, the Court addressed a claim made by Luis Caribe, one of the nine defendants whose appeals were consolidated in this case. …

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner) by Defendant was convicted of two counts of mail fraud following a jury trial. Subsequently, defendant filed a motion for judgment of acquittal under Fed. R. Crim. P. 29, and moved to dismiss the indictment …

U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson) by Here, in the wake of a jury deadlock, Judge Patterson granted a motion for acquittal in a drug conspiracy case, after finding that the evidence against the defendant …

U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Rosacker, No. 02-30000 (9th Cir.) (314 F.3d 422) (December 26, 2002) (Judge Thomas G. Nelson) by Here the Court blasted the validity of a purchased state forensic lab report used to enhance the defendant’s drug sentence, stating it contained “no reliable evidentiary basis for any of the pivotal …

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton) by

U.S. v. Glenn, No. 01-1602 (2nd Cir.) (312 F.3d 58) (November 14, 2002) (Judge Barrington D. Jr. Parker)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Glenn, No. 01-1602 (2nd Cir.) (312 F.3d 58) (November 14, 2002) (Judge Barrington D. Jr. Parker) by This is one of those cases that shows what can happen when a large group of defendants are tried together in a single trial - especially when the trial involves drugs …

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White)

Article • June 21, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White) by In this case the Court held that a state legislator did not violate the anti-extortion Hobbs Act (18 U.S.C. §1951) by accepting campaign contributions without an explicit exchange of improper …

U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner) by This case falls in the Ripley’s Believe-It-Or-Not category. Twice, Darrell Thomas has been tried in Federal court on drug conspiracy charges; and, on both occasions, he was convicted of conspiring with one …