Search | Punch and Jurists

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter) by Here the Court joined the Circuit split by holding that an abuse of position of trust enhancement under USSG § 3B1.3 is proper in a tax evasion case when the defendant abused …

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 …

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Anders Brief

Robbins v. Smith, No. 95-56640 (9th Cir.) (152 F.3d 1062) (September 23, 1997) (Judge Proctor Jr. Hug) by This case, subsequently reversed by the Supreme Court, held that the defendant received ineffective assistance of counsel by filing a no-merits "Anders" brief that failied to identify any arguable issues, even though …

U.S. v. Thorne, No. 95-5568 (4th Cir.) (153 F.3d 130) (August 10, 1998) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists

U.S. v. Thorne, No. 95-5568 (4th Cir.) (153 F.3d 130) (August 10, 1998) (Judge Sam J. III Ervin) by Court held that district court violated Rule 11 by failing to advise defendant of his supervised release term and the nature of the supervised release, and error was not harmless; and …

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina) by QUOTE OF THE WEEK - The unique ability to deprive individuals of their liberty "based almost on facts never submitted to a jury and never proven beyond a reasonable doubt to anyone." …

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth)

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

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

U.S. v. Floyd, No. Crim.A. 98-0212 (RCL) (D.D.C.) (11 F.Supp.2d 39) (July 7, 1998) (Judge Royce C. Lamberth) by But seeU.S. v. Gloster, 969 F.Supp. 92 (D.D.C. 1997) and U.S. v. Singleton, Docket No. 99-3053 (D.C.Cir. 6/25/99) for contrary rulings. Here the Court held that possession of a firearm by …

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker)

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

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

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker) by Case held that statements provided to the Government that did not result in a cooperation agreement could be used to determine the defendant's offense level when defendant elected to pursue safety valve …

U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes) by In this case, the Court held that a district court "was not required to grant the defendant's request for a hearing at which to cross-examine his victims in order to show that …

U.S. v. Bell, No. 97-6164 (10th Cir.) (154 F.3d 1205) (September 4, 1998) (Judge Stephen H. Anderson)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Bell, No. 97-6164 (10th Cir.) (154 F.3d 1205) (September 4, 1998) (Judge Stephen H. Anderson) by Case held that sentencing of defendant based on crack an as object of the conspiracy did not constitute plain error, even though indictment also charged conspiracy to distribute cocaine and jury verdict …

U.S. v. MacDonald, No. Cr. 97-10022-NG (D.Mass.) (11 F.Supp.2d 148) (June 30, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. MacDonald, No. Cr. 97-10022-NG (D.Mass.) (11 F.Supp.2d 148) (June 30, 1998) (Judge Nancy Gertner) by In this case, Judge Gertner referred a lawyer to the State Bar Disciplinary Committee for his on-again, off-again actions in representing a client during his plea negotiations, but claiming he was not competent …

U.S. v. Suarez, No. 97-20756 (5th Cir.) (155 F.3d 521) (September 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Suarez, No. 97-20756 (5th Cir.) (155 F.3d 521) (September 10, 1998) (Per Curiam) by Case held that where defendant admitted only that he was guilty of possession of drugs, and judge failed to inquire whether he understood distribution charge, the plea colloquy was invalid and affected the defendant's …

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by Quote from Justice Burger which notes that policemen do not have the time, inclination, or training to read and grasp all the nuances of appellate decisions which define the standards of …

Whitlock v. Johnson, No. 98-1133 (7th Cir.) (153 F.3d 380) (August 5, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Disciplinary Proceedings

Whitlock v. Johnson, No. 98-1133 (7th Cir.) (153 F.3d 380) (August 5, 1998) (Judge Joel L. Flaum) by Case held that prison's policy of virtually denying an accused's requests for live witnesses at a disciplinary hearing lacked "the refinement required to survive constitutional muster.". This is a rare case in …

U.S. v. Weinstock, No. 96-2474 (6th Cir.) (153 F.3d 272) (May 27, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Weinstock, No. 96-2474 (6th Cir.) (153 F.3d 272) (May 27, 1998) (Judge Ronald Lee Gilman) by Relying on the business records exception in Rule 803(6), the court rejected the defendant's argument that the admission of certain statistical evidence (here a "physician practicee profile") was improper and warranted relief.

U.S. v. Madrid, No. 97-3959 (8th Cir.) (152 F.3d 1034) (August 26, 1998) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Madrid, No. 97-3959 (8th Cir.) (152 F.3d 1034) (August 26, 1998) (Judge Gerald W. Heaney) by Case held that absent exigent circumstances, the inevitable discovery doctrine was inapplicable to a warrantless search during which the police not only seized the premises, but detained the occupants and conducted a …

U.S. v. Green, No. 97-50594 (9th Cir.) (152 F.3d 1202) (August 27, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Green, No. 97-50594 (9th Cir.) (152 F.3d 1202) (August 27, 1998) (Per Curiam) by Here the Court affirmed a sentence of 30 days imprisonment and 1500 hours of community service for a defendant in a marijuana case, largely on the grounds that post-sentencing rehabilitation efforts are a proper …

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, Speedy Trial Clock - Tolling of

U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan) by Another rapidly spreading fiction in criminal law is the concept that a defendant has the right to a speedy trial. The law (18 U.S.C. § 3161(c)(1)) states that in any case …

U.S. v. Carreiro, No. 97-063T (D.R.I.) (14 F.Supp.2d 196) (July 9, 1998) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists

U.S. v. Carreiro, No. 97-063T (D.R.I.) (14 F.Supp.2d 196) (July 9, 1998) (Judge Ernest C. Torres) by The defendant in this case told an informant that he wished to buy a gun with a silencer. The informant told him that he could arrange for such a purchase for $200 in …

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by This case set off a seething and often ungracious donnybrook; and it is noted not just for its important and detailed (albeit dramatically conflicting) discussions of the current state of the …

U.S. v. Guillaume, No. 97-6007-CR (S.D.Fla.) (13 F.Supp.2d 1331) (August 3, 1998) (Judge Federico A. Moreno)

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

Filed under: Punch And Jurists

U.S. v. Guillaume, No. 97-6007-CR (S.D.Fla.) (13 F.Supp.2d 1331) (August 3, 1998) (Judge Federico A. Moreno) by The Court also held that "The statutory class 'whoever' in the federal bribery statute, § 201(c)(2), was not intended to encompass a federal prosecutor actually engaged in the investigation or prosecution of a …