Search | Punch and Jurists

U.S. v. Trie, No. CR. 98-1129-1(PLF) (D.D.C.) (23 F.Supp.2d 55) (October 9, 1998) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Trie, No. CR. 98-1129-1(PLF) (D.D.C.) (23 F.Supp.2d 55) (October 9, 1998) (Judge Paul L. Friedman) by In this Federal Election Law case Judge Friedman agreed to dismiss various counts involving 18 USC § 1001 on the grounds that the indictment was overly broad and vague, supported only by …

Napier v. U.S., No. 96-6098 (6th Cir.) (159 F.3d 956) (November 4, 1998) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists

Napier v. U.S., No. 96-6098 (6th Cir.) (159 F.3d 956) (November 4, 1998) (Judge Boyce F. Jr. Martin) by Here the Sixth Circuit disagreed with the Second Circuit in U.S. v. Canady, 126 F.3d 352 (2nd Cir. 1997) and held that constructive possession of a gun would be sufficient to …

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Avilez-Reyes, No. 97-11392 (5th Cir.) (160 F.3d 258) (November 10, 1998) (Judge Harold R. Jr. DeMoss) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th …

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards)

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

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

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards) by In one of those telling examples of form over substance, the Court stated: "We believe that the language of § 2K2.1(a) tends to support Pugh's interpretation but is nevertheless ambiguous with respect …

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Shea, No. 97-1827 (1st Cir.) (159 F.3d 37) (November 2, 1998) (Judge Juan R. Torruella) by Court strongly endorsed Judge Barbadoro's decision at 957 F.Supp. 331 where he explained in detail why the PCR method of DNA testing was sufficiently reliable to be admissible in criminal proceedings.

U.S. v. Barnes, No. 97-2251 (1st Cir.) (159 F.3d 4) (October 27, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Barnes, No. 97-2251 (1st Cir.) (159 F.3d 4) (October 27, 1998) (Judge Hugh H. Bownes) by In this case the record was unclear as to even when the trial was adjourned. While the court concluded that the trial court had abused its discretion in granting, or sua sponte …

U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay) by This case is about a Government scam fueled by pomposity and pretense. Here, the sole victim of the defendant's criminal conduct met with a bevy of Government officials before the defendant …

U.S. v. Perez, No. 96-2042 (1st Cir.) (160 F.3d 87) (November 23, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Perez, No. 96-2042 (1st Cir.) (160 F.3d 87) (November 23, 1998) (Per Curiam) by In this case the en banc Court split evenly on the issue of whether a convicted defendant who meets the statutory definition of "career offender" may receive a downward departure under § 4A1.3 based …

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever) by Here the Court held that, although the money laundering statute does not define the word "proceeds", fraudently obtained, albeit untimately valuless, checks can be proceeds that will support a money laundering conviction.

U.S. v. Harmon, No. 4:98-CR-169-A (N.D.Tex.) (21 F.Supp.2d 642) (October 23, 1998) (Judge John H. McBryde)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Harmon, No. 4:98-CR-169-A (N.D.Tex.) (21 F.Supp.2d 642) (October 23, 1998) (Judge John H. McBryde) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th Cir. 1998) …

U.S. v. Davis, No. 98-31(1)(JRT/FLN) (D.Minn.) (21 F.Supp.2d 979) (June 12, 1998) (Judge John R. Tunheim)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 98-31(1)(JRT/FLN) (D.Minn.) (21 F.Supp.2d 979) (June 12, 1998) (Judge John R. Tunheim) by Here the court held that because the defendant was detained for over two hours on the pretext of a false report charge, while really for the purpose of investingating whether she had committed …

U.S. v. Vadner, No. 98-10542 (5th Cir.) (160 F.3d 263) (November 10, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Vadner, No. 98-10542 (5th Cir.) (160 F.3d 263) (November 10, 1998) (Judge Harold R. Jr. DeMoss) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th …

U.S. v. Anderson, No. 97-11205 (5th Cir.) (160 F.3d 231) (November 10, 1998) (Judge Reynaldo G. Garza)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Anderson, No. 97-11205 (5th Cir.) (160 F.3d 231) (November 10, 1998) (Judge Reynaldo G. Garza) by United States v. Harmon, 21 F.Supp.2d 642 (N.D.Tex. 1998) (Judge McBryde) United States v. Anderson, 160 F.3d 231 (5th Cir. 1998) (Judge Garza) United States v. Avilez-Reyes, 160 F.3d 258 (5th Cir. …

Smith v. Cromer, No. 97-2192 (4th Cir.) (159 F.3d 875) (October 22, 1998) (Judge Richard L. Voorhees)

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

Filed under: Punch And Jurists

Smith v. Cromer, No. 97-2192 (4th Cir.) (159 F.3d 875) (October 22, 1998) (Judge Richard L. Voorhees) by Here the Court affirmed the validity of a Justice Department regulation that directs its employees not to testify in state-court prosecutions without prior approval of a proper official; but see Judge Phillips …

U.S. v. Mack, No. 97-4039 (6th Cir.) (159 F.3d 208) (October 15, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Mack, No. 97-4039 (6th Cir.) (159 F.3d 208) (October 15, 1998) (Judge Ronald Lee Gilman) by Case held that a former prison security guard was an "official holding a high-level decision-making or sensitive position" within the meaning of § 2C1.7(b)(1)(B) and that 8-level enhancement of sentence was proper.

Lile v. McKune, No. 95-3266-DES (D.Kan.) (24 F.Supp.2d 1152) (September 16, 1998) (Judge Dale E. Saffels)

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

Filed under: Punch And Jurists

Lile v. McKune, No. 95-3266-DES (D.Kan.) (24 F.Supp.2d 1152) (September 16, 1998) (Judge Dale E. Saffels) by

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne) by Case held that resentencing of the defendant to a new term of supervised release did not violate the Ex Post Facto Clause, and that the potential for additional successive revocation sentences was …

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell) by The Court stated: "We reject Chamberlain's argument that a person is not "committed" for purposes of the federal firearms ban unless all of the requirements set forth in section 3864 - including …

Caldwell v. Maloney, No. 98-1511 (1st Cir.) (159 F.3d 639) (November 2, 1998) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Peremptory Challenges

Caldwell v. Maloney, No. 98-1511 (1st Cir.) (159 F.3d 639) (November 2, 1998) (Judge Sandra L. Lynch) by Here the Court held that the trial court's acceptance of the prosecutor's explanations for its use of peremptory challanges of four African Americans had adequate support in the record; and reversed the …

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner) by "It has been argued that the Ninth Amendment authorizes federal courts to recognize, as federal constitutional rights, rights not enumerated in the Bill of Rights or elsewhere in the constitutional text. . …