Search | Punch and Jurists

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer) by Here the Fourth Circuit affirmed a conviction despite the fact that the trial judge (Judge Simons) told the jury that he did not believe the defendant's testimony and he believed the defendant …

Stern v. Massachusetts Supreme Judicial Court, No. Civ. No. 98-cv-10896-B (D.Me.) (184 F.R.D. 10) (January 20, 1999) (Judge Morton A. Brody)

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

Filed under: Punch And Jurists, Ethical Restraints

Stern v. Massachusetts Supreme Judicial Court, No. Civ. No. 98-cv-10896-B (D.Me.) (184 F.R.D. 10) (January 20, 1999) (Judge Morton A. Brody) by This is a timely and important case which gives credence to the oft-repeated claim that the Department of Justice is above the law - and that it will …

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole) by In this case the Sixth Circuit also rejected the district court's supposition that even if Amendment 500 applied retroactively, the leadership enhancement applied to Jones because he had managerial control over …

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 97-2277 (10th Cir.) (164 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by QUOTE OF THE WEEK - How "ritualistic verbal spankings" of prosecutors become "purely ceremonial." "This court has several times used vigorous language in denouncing government counsel for such conduct as that of …

U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers) by The defendant in this case, a reputed member of a notorious gang in Washington, D.C., was charged with the usual variety of drug crimes. He was convicted and, at sentencing, the district …

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Cooperation by Third Parties

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin) by This is a case that is filled with intrigue. Defendant Harvey Baum, a criminal defense attorney, was charged with obstruction of justice under 18 U.S.C. § 1503, for attempting to set …

U.S. v. Jackson, No. 97-3122 (D.D.C.) (161 F.3d 24) (October 23, 1998) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Jackson, No. 97-3122 (D.D.C.) (161 F.3d 24) (October 23, 1998) (Judge David B. Sentelle) by The defendant in this case, Adolph Jackson, was arrested in a reverse sting operation that was masterminded by a drug lord, one Rayful Edmond, who was serving a life sentence in a Federal …

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Miller, No. 96-2224 (6th Cir.) (161 F.3d 977) (November 20, 1998) (Judge Jon Phipps McCalla)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Miller, No. 96-2224 (6th Cir.) (161 F.3d 977) (November 20, 1998) (Judge Jon Phipps McCalla) by This case, and the Court's subsequent decision in U.S. v. Shabazz, No. 99-2388 (6th Cir. 8/30/2001), comprise a detailed analysis of the scope and meaning of the provisions of USSG § 2X3.1 …

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch) by In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended …

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Threats

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter) by Reversing a lower court decision, the 2nd Circuit held that in a prosecution under 18 USC § 875(c) the Government need not prove that a defendant specifically intended his threats to …

Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Aberrant Behavior

Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler) by Like politics, the law sometimes makes strange bedfellows. In this case the Second Circuit joined the distinct minority of the First, Ninth and Tenth Circuits in holding that the Guidelines' …

U.S. v. Barth, No. MO-98-CR-33 (W.D.Tex.) (26 F.Supp.2d 929) (September 21, 1998) (Judge Royal Ferguson)

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

Filed under: Punch And Jurists, Searches - Inventory

U.S. v. Barth, No. MO-98-CR-33 (W.D.Tex.) (26 F.Supp.2d 929) (September 21, 1998) (Judge Royal Ferguson) by This case is noted as a precursor to the coming wave of computer searches that is apparently already underway. The message is clear: Beware of ever giving anyone access to your computer! The defendant, …

U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs) by In his dissent from the majority's ruling that the Double Jeopardy Clause barred a retrial of two abortion protestors, Judge Feinberg equated the court's action to judicial nullification which he …

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Confessions - Admissibility

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan) by One of the many issues raised in this multi-issue appeal was whether the district court (Judge Cleland) had committed reversible error when he advised the jurors during voir dire that some of …

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza) by Here the Court expressly overruled U.S. v. Fike, 82 F.3d 1315 and U.S. v. Brown, 102 F.3d 1390. Here the en banc court held that an erroneous pre-Bailey instruction on the "use" …

Mackey v. Property Clerk of N.Y. City Police Dept., No. 97 Cov. 5336 (HB) (S.D.N.Y.) (26 F.Supp.2d 585) (May 27, 1998) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Return/Retention of Property

Mackey v. Property Clerk of N.Y. City Police Dept., No. 97 Cov. 5336 (HB) (S.D.N.Y.) (26 F.Supp.2d 585) (May 27, 1998) (Judge Harold Jr. Baer) by Here Judge Baer refused to dismiss an action for damages under § 1983 because the New York Police Department had failed to comply with …

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Strickland Standard

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris) by By holding that there is no bright line rule that establishes ineffective assistance of counsel due to the failure of counsel to file a notice of appeal, the Sixth Circuit joined a …