Search | Punch and Jurists

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina) by This decision explores the interesting issue of whether a sentencing court may always use "relevant conduct", as defined in Sentencing Guidelines, to enhance a defendant's sentence regardless of the charges contained in …

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Saavedra, No. 96-4808 (11th Cir.) (148 F.3d 1311) (August 6, 1998) (Judge Joel F. Dubina) by This decision explores the interesting issue of whether a sentencing court may always use "relevant conduct", as defined in Sentencing Guidelines, to enhance a defendant's sentence regardless of the charges contained in …

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig)

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

Filed under: Punch And Jurists

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig) by Court granted a substantial downward departure based on a combination of the defendants civic, charitable and public works, his extraordinary cooperation, and his diminished capacity. In this case, Judge Bennett granted …

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones) by In this case, the Sixth Circuit held that a defendant's deafness, without more, would never constitute an "extraordinary physical impairment" warranting a downward departure from the sentencing range prescribed by the Sentencing …

Strickler v. Pruett, No. 97-29 (4th Cir.) (1998 WL 340420) (June 17, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Strickler v. Pruett, No. 97-29 (4th Cir.) (1998 WL 340420) (June 17, 1998) (Per Curiam) by See the subsequent Supreme Court affirmation of this ruling, albeit on somewhat different grounds, in Strickler v. Greene, decided 6/17/99. Here the 4th Circuit held that despite the Government's withholding of material exculpatory materials, …

U.S. v. Salameh, No. 94-1312 (2nd Cir.) (152 F.3d 88) (August 4, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Salameh, No. 94-1312 (2nd Cir.) (152 F.3d 88) (August 4, 1998) (Per Curiam) by Here the Court held that "Whether a coconspirator's imprisonment constitutes a withdrawal must be decided by the jury in light of the length and location of the internment, that nature of the conspiracy, and …

Buritica v. U.S., No. C-95-3354 (N.D.Cal.) (8 F.Supp.2d 1188) (June 12, 1998) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Buritica v. U.S., No. C-95-3354 (N.D.Cal.) (8 F.Supp.2d 1188) (June 12, 1998) (Judge Vaughn R. Walker) by This is another civil rights lawsuit for damages with a twist. The plaintiff in this case filed a Bivens action (see Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 …

U.S. v. Jones, No. 97-50629 (5th Cir.) (149 F.3d 364) (July 31, 1998) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Jones, No. 97-50629 (5th Cir.) (149 F.3d 364) (July 31, 1998) (Judge Robert M. Parker) by United States v. Rodriguez-Rivas, 151 F.3d 377 (5th Cir. 1998) (Judge Duhé) United States v. Jones, 149 F.3d 364 (5th Cir. 1998) (Judge Parker) These two cases evoke Justice Marshall's eloquent but …

U.S. v. Walker, No. 97-7368 (3rd Cir.) (149 F.3d 238) (July 24, 1998) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Walker, No. 97-7368 (3rd Cir.) (149 F.3d 238) (July 24, 1998) (Judge Richard L. Nygaard) by In this case, the panel focused on whether the victim was titled a corrections officer, whether he spent a significant amount of time guarding prisoners, and whether he was guarding prisoners at …

U.S. v. Quintanar, No. 98-1382 (8th Cir.) (150 F.3d 902) (July 28, 1998) (Judge John C. Godbold)

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

Filed under: Punch And Jurists

U.S. v. Quintanar, No. 98-1382 (8th Cir.) (150 F.3d 902) (July 28, 1998) (Judge John C. Godbold) by Calling this case "a paradigm of lack of power to exercise control and dominion", the Court emphasized that "[T]he essence of constructive possession is not direct, physical control, but the ability to …

U.S. v. Jones, No. 97-50629 (5th Cir.) (149 F.3d 364) (July 31, 1998) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Jones, No. 97-50629 (5th Cir.) (149 F.3d 364) (July 31, 1998) (Judge Robert M. Parker) by Justice Marshall's famous quote about the evils of dragnet-type searches. QUOTE OF THE WEEK - The spectre of today's dragnet-style sweep searches. "The evidence in this cause has evoked images of other …

U.S. v. Kizzee, No. 97-60277 (5th Cir.) (150 F.3d 497) (August 10, 1998) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists

U.S. v. Kizzee, No. 97-60277 (5th Cir.) (150 F.3d 497) (August 10, 1998) (Judge Robert M. Parker) by Case held that district court did not abuse its discretion by failing to grant a continuance to enable new counsel prepare for trial. For a contrary view, see U.S. v. Garrett, 149 …

U.S. v. Luna-Herrera, No. 97-50489 (9th Cir.) (149 F.3d 1054) (July 28, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Luna-Herrera, No. 97-50489 (9th Cir.) (149 F.3d 1054) (July 28, 1998) (Judge Betty Binns Fletcher) by Here the defendant contended at sentencing that the district court erred by impermissibly double counting a prior aggravated felony when, in addition to using the felony as the basis for a sixteen …

Werber v. U.S., No. 95-2668, No. 8 (2nd Cir.) (149 F.3d 172) (July 27, 1998) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

Werber v. U.S., No. 95-2668, No. 8 (2nd Cir.) (149 F.3d 172) (July 27, 1998) (Judge Dennis G. Jacobs) by Here, the Court acknowledged that the Circuit courts are split over whether a district court has authority, pursuant to USSG § 5K2.0, to depart downward to effectuate a federal sentence …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood) by Court held that the district court erred in failing to give a requested buyer-seller instruction to the jury in the case of one defendant which required reversal of his conviction. Here the …

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death of Common Sense, that modern American laws and regulation have become so elaborate and technical that they …

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Quote from "The Death of Common Sense" which concludes that vague laws foster a culture of resistence. QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death …

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Case held that legislator's receipt of some $9,000 in shared meal and entertainment expenses over an eight year period was sufficient to support a conviction for honest services fraud under 18 USC …

U.S. v. Gonzales, No. 97-2064 (10th Cir.) (150 F.3d 1246) (July 28, 1998) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Gonzales, No. 97-2064 (10th Cir.) (150 F.3d 1246) (July 28, 1998) (Judge Stephen H. Anderson) by Case held that district court was permitted to order release of CJA vouchers to the press, but it abused its discretion by also ordering the unconditional release of sealed backup documents, motions …

U.S. v. $515,060.42 in U.S. Currency, No. 95-6579 (6th Cir.) (152 F.3d 491) (August 14, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists

U.S. v. $515,060.42 in U.S. Currency, No. 95-6579 (6th Cir.) (152 F.3d 491) (August 14, 1998) (Judge R. Guy Jr. Cole) by Court affirmed district court's decision that forfeiture of gambling proceeds was barred by the applicable statute of limitations; but court also determined that the claimants were not entitled …