Search | Punch and Jurists

In Re Winship, No. 778 (U.S. Supreme Court) (397 U.S. 358; 90 S.Ct. 1068) (March 31, 1970) (Justice Brennan)

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

Filed under: Punch And Jurists

In Re Winship, No. 778 (U.S. Supreme Court) (397 U.S. 358; 90 S.Ct. 1068) (March 31, 1970) (Justice Brennan) by In this case the single and narrow question addressed by the Court was "whether proof beyond a reasonable doubt is among the 'essentials of due process and fair treatment' required …

U.S. v. Waters, No. 97-5513 (6th Cir.) (158 F.3d 933) (September 28, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Magistrates, Punch And Jurists

U.S. v. Waters, No. 97-5513 (6th Cir.) (158 F.3d 933) (September 28, 1998) (Judge Gilbert S. Merritt) by This case is noted for tell-tale view of the limited rights of defendants who are serving terms of supervised release. Here, the defendant appealed the revocation of his term of supervised release, …

U.S. v. Simmons, No. 97-4025 (8th Cir.) (154 F.3d 765) (August 17, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Simmons, No. 97-4025 (8th Cir.) (154 F.3d 765) (August 17, 1998) (Judge Richard S. Arnold) by Here the Court wrote: "At the heart of Simmons's and Fisher's argument is a disagreement with the District Court and the government over what is meant by the term "proceeds" for purposes …

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle) by This case deals with another aspect of the Federal Gun Control laws - namely the prohibitions against the possession of firearms by "ex-felons" (a term which we submit is an oxymoron) who …

U.S. v. Hubbell, No. Crim. A. 98-0151(JR) (D.D.C.) (11 F.Supp.2d 25) (July 1, 1998) (Judge James Robertson)

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

Filed under: Punch And Jurists

U.S. v. Hubbell, No. Crim. A. 98-0151(JR) (D.D.C.) (11 F.Supp.2d 25) (July 1, 1998) (Judge James Robertson) by Court dismissed a tax indictment obtained by the special counsel's office on the grounds that it was based entirely on evidence supplied by the defendant in exchange for "immunity to the extent …

U.S. v. Erwin, No. 94-1766 (6th Cir.) (155 F.3d 818) (September 17, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Erwin, No. 94-1766 (6th Cir.) (155 F.3d 818) (September 17, 1998) (Judge James L. Ryan) by En banc Court held that police were not required to allow defendant to leave when their suspicion that he was driving while intoxicated proved unwarranted, but they could continue to detain him …

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Evans, No. 97-3445 (3rd Cir.) (155 F.3d 245) (September 3, 1998) (Judge Edward R. Becker) by As the numbers of defendants serving terms of supervised release grows geometrically each year, more and more courts seem to accept routine requests from the Probation Office that special conditions be imposed …

U.S. v. Ortiz, No. CR 97-3008-MBW (N.D.Iowa) (10 F.Supp.2d 1058) (July 16, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Ortiz, No. CR 97-3008-MBW (N.D.Iowa) (10 F.Supp.2d 1058) (July 16, 1998) (Judge Mark W. Bennett) by This is a rare case in which the Court granted an exemption to the defense to permit a court-appointed investigator and potential witness to remain in the courtroom throughout trial on the …

U.S. v. Johnson, No. 97-5574 (3rd Cir.) (155 F.3d 682) (September 9, 1998) (Judge Jane A. Restani)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 97-5574 (3rd Cir.) (155 F.3d 682) (September 9, 1998) (Judge Jane A. Restani) by The Court did note that Guideline Amendments 266 and 459 expressely permitted an acceptance of responsibility sentence reduction "to provide an incentive . . . [to] defendants subject to the career offender …

U.S. v. Bok, No. 97-1595 (2nd Cir.) (156 F.3d 157) (September 8, 1998) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists

U.S. v. Bok, No. 97-1595 (2nd Cir.) (156 F.3d 157) (September 8, 1998) (Judge Chester J. Straub) by One legislative rule that has long grated many prosecutors and judges alike is the lack of statutory authority to impose restitution in tax cases. As one court has noted: "Federal courts have …

U.S. v. Nolan-Cooper, No. 97-1171 (3rd Cir.) (155 F.3d 221) (September 2, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Nolan-Cooper, No. 97-1171 (3rd Cir.) (155 F.3d 221) (September 2, 1998) (Judge Edward R. Becker) by Here the Court continued to recognize the existence of the defense of entrapment based on outrageous government misconduct, but also emphasized the hesitancy of the courts to uphold due process violation claims.

U.S. v. Acosta-Colon, No. 97-1170 (1st Cir.) (157 F.3d 9) (October 6, 1998) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Acosta-Colon, No. 97-1170 (1st Cir.) (157 F.3d 9) (October 6, 1998) (Judge Norman H. Stahl) by Case held that Federal officials who handcuffed an airport traveller and removed him to an interrogation room for nearly 30 minutes, causing him to miss a flight, effected a de facto arrest …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan) by Court held that, even though an FBI agent deliberately and intentionally misled the court in its applications for an extension of a wiretap order, the evidence need not be suppressed, essentially …

Clarke v. Stalder, No. 96-30313 (5th Cir.) (154 F.3d 186) (September 1, 1998) (Judge Emilio M. Garza)

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

Filed under: Retaliation, Punch And Jurists

Clarke v. Stalder, No. 96-30313 (5th Cir.) (154 F.3d 186) (September 1, 1998) (Judge Emilio M. Garza) by The majority's decision in this case evoked a strong dissent from Judge Reynaldo Garza, who suggested that the majority had "either made a terrible mistake or now looks at this case with …

U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay) by Reversing its prior precedent following the Supreme Court's decision in Koon v. U.S., 518 U.S. 81, the Tenth Circuit joined a number of other Circuits in holding that post-sentencing rehabilitative efforts are …

U.S. v. Odedo, No. 97-30095 (9th Cir.) (154 F.3d 937) (August 26, 1998) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Odedo, No. 97-30095 (9th Cir.) (154 F.3d 937) (August 26, 1998) (Judge Proctor Jr. Hug) by The Court first stated: "We concur with the D.C. Circuit which addressed this issue in United States v. Lyons, 53 F.3d 1321 (D.C. Cir. 1995) and concluded that "[a]ny deviation from the …

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Grouping

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen) by In this case the defendant O'Kane defrauded his employer of over $300,000 worth of baseball cards and used some of his profit from the sale of those cards to purchase various items …

U.S. v. Hsu, No. 97-1965 (3rd Cir.) (155 F.3d 189) (August 26, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Economic Espionage Act

U.S. v. Hsu, No. 97-1965 (3rd Cir.) (155 F.3d 189) (August 26, 1998) (Judge Marjorie O. Rendell) by The Court outlined the parameters of this case by stating: "In this appeal we explore for the first time the relationship between the confidentiality provisions of the newly-enacted Economic Espionage Act of …

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen) by Court rejected a four level departure for "unusual acceptance of responsibility" based on extraordinary restitution, noting that although the defendant made full restitution, a large part consisted of returning goods he had …

U.S. v. Mussari, No. 97-10331 (9th Cir.) (152 F.3d 1156) (August 18, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Mussari, No. 97-10331 (9th Cir.) (152 F.3d 1156) (August 18, 1998) (Judge John T. Jr. Noonan) by [Editor's Note: The Child Support Recovery Act of 1992 (CSRA), was originally enacted as Pub. L. No. 102-521, § 2(a), 106 Stat. 340 and was originally codified at 18 U.S.C. § …