Search | Punch and Jurists

U.S. v. Hernandez-Guevara, No. 97-50946 (5th Cir.) (162 F.3d 863) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hernandez-Guevara, No. 97-50946 (5th Cir.) (162 F.3d 863) (December 11, 1998) (Judge Carolyn Dineen King) by In this case the district court ordered that the defendant's new three-year term of supervised release run consecutively to a prior three-year term of supervised release that had been imposed for an …

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (161 F.3d 370) (November 30, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (161 F.3d 370) (November 30, 1998) (Judge James L. Ryan) by En Banc decsion essentally affirming panel's decision that bias could not be presumed from jurors' knowledge of defendant's suppressed statements where none of those actually seated was challenged for cause or expressed …

U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley)

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

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

U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley) by Here the Court rejected a Government claim that three participants should have received a four-level increase under USSG § 3B1.1(a) absent a finding of criminal responsibility, stating that knowing what is going …

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam) by In this case the 2nd Circuit reversed a downward departure granted by Judge McKenna based on extraordinary family circumstances and in the process suggested strong limits on its previous precedents relating to similar departures. …

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King) by Although the holding in this case may be somewhat limited by virtue of the fact-specific set of circumstances on which it is based, it is noted because of its strong denunciation of …

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Cooperation Agreements

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener) by QUOTE OF THE WEEK - The Chronicles of Criminal Injustices: Chapter 756 - "Pulling the Rug" "It ill behooves government agents and prosecutors to enter into agreements of transactional immunity with …

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King) by Although the holding in this case may be somewhat limited by virtue of the fact-specific set of circumstances on which it is based, it is noted because of its strong denunciation of …

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, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan) by In its comments on when co-conspirator statements may properly be admitted in a criminal trial, the Court observed: "In determining whether a statement is admissible under 801(d)(2)(E), 'the court may consider the …

U.S. v. Walsh, No. 96-CR-1C(sc). (W.D.N.Y.) (27 F.Supp.2d 186) (July 14, 1998) (Judge John T. Curtin)

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

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Walsh, No. 96-CR-1C(sc). (W.D.N.Y.) (27 F.Supp.2d 186) (July 14, 1998) (Judge John T. Curtin) by This case brings us another example of a topic that is beginning to appear on the front pages of most American newspapers - prison brutality and bestiality. It also brings us this year's …

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold)

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

Filed under: Restitution, Punch And Jurists

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold) by The decision reminds us of the story of the chap who got lost in Georgia. His plight was explained to a native Georgian who, after pondering the problem for some time, finally …

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. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) 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. O'Neill, No. 97-CR-98 (E.D.Wisc.) (27 F.Supp.2d 1121) (October 19, 1998) (Judge Joseph P. Stadtmueller)

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

Filed under: Punch And Jurists, Necessity

U.S. v. O'Neill, No. 97-CR-98 (E.D.Wisc.) (27 F.Supp.2d 1121) (October 19, 1998) (Judge Joseph P. Stadtmueller) by Here the court rejected the defendant's arguments that the Government had failed to prove the necessity for the wiretaps, largely concluding that the defendant's objections were nothing more than general statements and blanket …

U.S. v. Solis, No. 97-20273 (5th Cir.) (161 F.3d 281) (November 18, 1998) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists

U.S. v. Solis, No. 97-20273 (5th Cir.) (161 F.3d 281) (November 18, 1998) (Judge John M. Jr. Duhé) by Lately it seems as if the courts are beginning to question, with greater frequency, the arbitrariness of the Government in the exercise of its powers to grant motions for downward sentencing …

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Leviner, No. 97-10260 (D.Mass.) (31 F.Supp.2d 23) (December 22, 1998) (Judge Nancy Gertner) by Collection of quotes about the "unconscious racism" that permeates the American criminal justice system. QUOTE OF THE WEEK - The role of "unconscious racism" in the American criminal justice system. "It is unnecessary in …

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) 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. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam)

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

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

U.S. v. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam) by Cae held that because the defendant failed to establish by a preponderance of evidence that he did not possess a firearm in connection with his drug conspiracy, he did not qualify for a "safety …

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton) by Here the Court held that the crime of felon in possession of a firearm is not a "crime of violence" for purposes of determining whether the defendant may be denied bail …

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, Guideline Amendment/Variances and Retroactivity

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, almost one year after the defendant's sentencing, the Sentencing Commission issued Amendment 500 which amended the application notes to § 3B1.1. According to the Commission, the amendment "clarifies" …

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener) by Case held that when a defendant substantially complies with the terms of his plea agreement, the Government overreaches when it deprives him of the benefits of the bargain by then prosecuting …