Search | Punch and Jurists

U.S. v. Singleton, No. 97-3178 (10th Cir.) (165 F.3d 1297) (January 8, 1999) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists

U.S. v. Singleton, No. 97-3178 (10th Cir.) (165 F.3d 1297) (January 8, 1999) (Judge John C. Porfilio) by As expected, the en banc court for the Tenth Circuit has now permanently reversed a highly controversial ruling of a three-judge panel which was reported at U.S. v. Singleton, 144 F.3d 1343 …

U.S. v. Hsia, No. Crim. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 33) (September 10, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Hsia, No. Crim. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 33) (September 10, 1998) (Judge Paul L. Friedman) by Among its many reasons for dismissing various counts alleging false statements in violation of 18 U.S.C. §§ 1001 and 2(b), Judge Friedman made the following observations: "To recite the bare factual allegations …

U.S. v. Somerstein, No. CR 96-657(ADS) (E.D.N.Y.) (20 F.Supp.2d 454) (August 20, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Hardship - Extraordinary

U.S. v. Somerstein, No. CR 96-657(ADS) (E.D.N.Y.) (20 F.Supp.2d 454) (August 20, 1998) (Judge Arthur D. Spatt) by One of the defendants in this case, Marianna Somerstein, was convicted of a number of mail fraud and false statement crimes and her Guideline sentencing range called for 12 to 18 months …

U.S. v. Hull, No. 97-20557 (5th Cir.) (160 F.3d 265) (November 10, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Hull, No. 97-20557 (5th Cir.) (160 F.3d 265) (November 10, 1998) (Judge Jerry E. Smith) by Ten years after the Sentencing Guidelines became binding on all sentences imposed in the Federal system, the courts still struggle with the concept that a person can be convicted of one crime …

U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella) by Here the Court rejected a constitutional challenge that the enormous disparity between sentences given to those who plead guilty versus those who go to trial constituted an impermissible "chilling" of the defendant's …

U.S. v. Infelise, No. 96-3252 (7th Cir.) (159 F.3d 300) (October 23, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists

U.S. v. Infelise, No. 96-3252 (7th Cir.) (159 F.3d 300) (October 23, 1998) (Judge Terrence T. Evans) by Case held that defendant's "nonforfeitable" ERISA life insurance annunity fund was subject to forfeiture under RICO's substitute assets provisions.

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima) by In 1997, the Supreme Court reversed a long line of Ninth Circuit precedents holding, in U.S. v. Hyde, 520 U.S. 670 (1997), that a criminal defendant does not have an absolute right …

U.S. v. Davidson, No. 98-1711 (8th Cir.) (195 F.3d 402) (October 20, 1999) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Davidson, No. 98-1711 (8th Cir.) (195 F.3d 402) (October 20, 1999) (Judge Diana E. Murphy) by Here the Court held that the district court did not err in considering prior crimes when computing the defendant's criminal history category because those crimes were not "relevant conduct" since they were …

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher) by Here the Ninth Circuit, through Judge Fletcher, dealt with another controversial issue in this case - whether and under what circumstances a conflict of interest between an attorney and his client will …

U.S. v. Espy, No. 97-CR-0335 (D.D.C.) (23 F.Supp.2d 1) (August 28, 1998) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists

U.S. v. Espy, No. 97-CR-0335 (D.D.C.) (23 F.Supp.2d 1) (August 28, 1998) (Judge Ricardo M. Urbina) by Case held that alleged gratuities given to Secretary of Agriculture with the intent to alter official acts were "bribery" supplying a sufficient predicate to a Travel Act charge.

Lopez v. Smith, No. 97-16987 (9th Cir.) (160 F.3d 567) (November 9, 1998) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Frivolous Claims

Lopez v. Smith, No. 97-16987 (9th Cir.) (160 F.3d 567) (November 9, 1998) (Judge Joseph T. Sneed) by See subsequent en banc decision reported at 203 F.3d 1122 (9th Cir. 2000). In this decision, which was subsequently reversed by a divided en banc court, the panel held that the PLRA …

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (August 19, 1998) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Criticism of Government

U.S. v. Sanchez-Lima, No. 97-50146 (9th Cir.) (161 F.3d 545) (August 19, 1998) (Judge Alfred T. Goodwin) by We conclude our round-up of notable year-end cases dealing with prosecutorial misconduct by including the instant case. At its best, it is a revealing reminder of the fawning and solicitous deference too …

U.S. v. Wright, No. 98-1148 (2nd Cir.) (160 F.3d 905) (November 18, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Wright, No. 98-1148 (2nd Cir.) (160 F.3d 905) (November 18, 1998) (Judge Amalya Lyle Kearse) by Here the Court held that a "vulnerable victim" enhancement under USSG § 3A1.1(b) is appropriate even when the economic effect of the offense is felt by a non-vulnerable entity such as the …

Blankenship v. U.S., No. 97-2299 (8th Cir.) (159 F.3d 336) (October 6, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

Blankenship v. U.S., No. 97-2299 (8th Cir.) (159 F.3d 336) (October 6, 1998) (Judge David R. Hansen) by Here the appellant argued that his cousel was ineffective for failing to move for a downward departure based on the vistim's conduct in provoking an assault. While the Court agreed that the …

U.S. v. Sterba, No. 97-441-CR-T-23E (M.D.Fla.) (22 F.Supp.2d 1333) (August 13, 1998) (Judge Steven D. Merryday)

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

Filed under: Punch And Jurists

U.S. v. Sterba, No. 97-441-CR-T-23E (M.D.Fla.) (22 F.Supp.2d 1333) (August 13, 1998) (Judge Steven D. Merryday) by This is an important case in which the Court extended the Supreme Court's ruling in Oregon v. Kennedy, by holding that a defendant who is forced to move for a mistrial due to …

U.S. v. Sterba, No. 97-441-CR-T-23E (M.D.Fla.) (22 F.Supp.2d 1333) (August 13, 1998) (Judge Steven D. Merryday)

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

Filed under: Punch And Jurists

U.S. v. Sterba, No. 97-441-CR-T-23E (M.D.Fla.) (22 F.Supp.2d 1333) (August 13, 1998) (Judge Steven D. Merryday) by Quote from Sissela Bok's book about lying (especially by those in public life) and its dangers. QUOTE OF THE WEEK - Some observations on lying. "Twenty years ago, in Lying: Moral Choice in …

U.S. v. Ranger Electronic Communications, Inc., No. 1:96-CR-211 (W.D.Mich.) (22 F.Supp.2d 667) (August 24, 1998) (Judge Richard A. Enslen)

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

Filed under: Punch And Jurists

U.S. v. Ranger Electronic Communications, Inc., No. 1:96-CR-211 (W.D.Mich.) (22 F.Supp.2d 667) (August 24, 1998) (Judge Richard A. Enslen) by In this case, the Government dismissed with prejudice criminal charges against the defendant that it had illegally imported CB radios into the U.S. in violation of 18 U.S.C. § 545 …

U.S. v. Carter, No. 97-50620 (9th Cir.) (159 F.3d 397) (October 21, 1998) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Substance Abuse Programs

U.S. v. Carter, No. 97-50620 (9th Cir.) (159 F.3d 397) (October 21, 1998) (Judge Harry Pregerson) by Like every sanctimonious and newfangled Government program ever invented, the lofty purposes and giddy goals of supervised release seem to grow inexorably each year. We are told that "supervision" is necessary to give …

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes) by In many ways the year 1998 brought into focus both the extraordinary role of the prosecutors in shaping the criminal justice system and the absence of any meaningful curbs on their awesome power. …

U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices

U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman) by Here the 8th Circuit endorsed the broad use of downward departures almost as a type of prophylatic remedy to deal with prosecutorial misconduct that was not serious enough to justify reversal of …