Search | Punch and Jurists

U.S. v. Hickman, No. 97-40237 (5th Cir.) (151 F.3d 446) (September 1, 1998) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists

U.S. v. Hickman, No. 97-40237 (5th Cir.) (151 F.3d 446) (September 1, 1998) (Judge Robert M. Parker) by One of the many issues dealt with in this appeal was the defendants claim that the district court had violated the provisions of Rule 615 of the Fed.R.Evid. by permitting both a …

Murray v. Dosal, No. 97-2828 (8th Cir.) (150 F.3d 814) (July 20, 1998) (Per Curiam)

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

Filed under: Filing Fees, Punch And Jurists

Murray v. Dosal, No. 97-2828 (8th Cir.) (150 F.3d 814) (July 20, 1998) (Per Curiam) by Over the strong dissent of Judge Heaney, the Eight Circuit rejected a series of constitutional challenges to the filing fee requirements of the PLRA, holding that they do not infringe on the right of …

U.S. v. Harden, No. Crim. No. 3:97-545-0 (D.S.C.) (10 F.Supp.2d 556) (October 16, 1997) (Judge Matthew J. Jr. Perry)

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

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

U.S. v. Harden, No. Crim. No. 3:97-545-0 (D.S.C.) (10 F.Supp.2d 556) (October 16, 1997) (Judge Matthew J. Jr. Perry) by This is a rare case in which a Federal Judge not only admitted that he had made a mistake by granting the Government an improvident Speedy Trial Act extension of …

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by This decision is noted for its brief discussion of the Government's use of extensive drug profile evidence and testimony, a frequently used ploy that is highly effective because the standards for such …

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Bouyea, No. 97-1169 (2nd Cir.) (152 F.3d 192) (August 10, 1998) (Per Curiam) by Case held that if the defendant's wire fraud affects a financial institution, then the ten-year statute of limitations set forth in 18 U.S.C.§ 3293(2) applies.

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Credits

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith) by This decision deals with two separate supervised release issues, both related to motions under 18 U.S.C. § 3583(e)(1), one of those tantalizing, "wishful-thinking" statutes which, at least in theory, permits a district …

Parsons v. Pitzer, No. 97-1945 (7th Cir.) (149 F.3d 734) (July 24, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Parsons v. Pitzer, No. 97-1945 (7th Cir.) (149 F.3d 734) (July 24, 1998) (Judge William J. Bauer) by The Court found it reasonable for the BOP to classify a conviction for possession of a firearm by a felon as a crime of violence in all cases for the purpose of …

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella) by The Court noted as follows: "Appellant was convicted of criminal contempt under 18 U.S.C. § 401. There is no specific sentence mandated for this offense. The applicable Guideline for this offense is …

U.S. v. Shea, No. 97-1069 (1st Cir.) (150 F.3d 44) (July 24, 1998) (Judge Juan R. Torruella)

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

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

U.S. v. Shea, No. 97-1069 (1st Cir.) (150 F.3d 44) (July 24, 1998) (Judge Juan R. Torruella) by Here the Court held that the Brady disclosure requirements did not entitle the defendant to discovery of money or rewards provided to Federal agents, since defendant failed to show how that information …

U.S. v. Gotti, No. 98 Cr. 42(BDP) (S.D.N.Y.) (9 F.Supp.2d 320) (June 15, 1998) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Gotti, No. 98 Cr. 42(BDP) (S.D.N.Y.) (9 F.Supp.2d 320) (June 15, 1998) (Judge Barrington D. Jr. Parker) by Citing U.S. v. Locasio, 6 F.3d 924, 931 (2nd Cir. 1993), the Court held that "Because the attorney's status as an unsworn witness may inure to the benefot of the …

U.S. v. Robinson, No. 96-2227 (6th Cir.) (152 F.3d 507) (August 17, 1998) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists

U.S. v. Robinson, No. 96-2227 (6th Cir.) (152 F.3d 507) (August 17, 1998) (Judge Paul D. Borman) by Citing U.S. v. Smith, 39 F.3d 119, 124 (6th Cir. 1994), the Court stated that "In order to enhance a defendant's base offense level under U.S.S.G. § 3A1.1, the evidence must show …

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus) by Case held that even if a defendant is aware the Governnment intends to seek a sentence enhancement under 21 USC § 851, the court is without jurisdiction to impose that enhancement unless the …

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt) by As any criminal defense lawyer knows, the Government loves to win its cases with broad strokes of the paint brush that in reality are nothing more than a liberal coating of guilt by …

U.S. v. Schmalzreid, No. 96-41086 (5th Cir.) (152 F.3d 354) (August 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Schmalzreid, No. 96-41086 (5th Cir.) (152 F.3d 354) (August 20, 1998) (Per Curiam) by This is another appeal of a gun conviction based on the Supreme Court's decision in Bailey v. U.S., 516 U.S. 137 (1995), but it is noted because it contains an important clarification of the …

U.S. v. Blarek, No. 97 CR 544(JBW) (E.D.N.Y.) (7 F.Supp.2d 192) (May 21, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Blarek, No. 97 CR 544(JBW) (E.D.N.Y.) (7 F.Supp.2d 192) (May 21, 1998) (Judge Jack B. Weinstein) by Case held that the Government's call for upward departures in a money laundering case would amount to a "needless act of cruelty" given the nature of the crime and the personal …

U.S. v. L.M.K., No. 97-50312 (9th Cir.) (149 F.3d 1033) (July 16, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Arraignment Delay

U.S. v. L.M.K., No. 97-50312 (9th Cir.) (149 F.3d 1033) (July 16, 1998) (Judge John T. Jr. Noonan) by Case held that Federal Juvenile Deliquency Act was violated when juvenile was held for 33 hours without being arraigned, but that such delay was not prejudicial.

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes) by Court rejected defendants' claims that Judge Young had denied them a fair trial by giving the impression to the jury that he was acting as the prosecutor's "assistant".

DuFour-Dowell v. Cogger, No. 97-2928 (7th Cir.) (152 F.3d 678) (August 10, 1998) (Judge Terrence T. Evans)

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

Filed under: Excessive Force, Punch And Jurists

DuFour-Dowell v. Cogger, No. 97-2928 (7th Cir.) (152 F.3d 678) (August 10, 1998) (Judge Terrence T. Evans) by Barbaric case in which the police attempted an after midnight arrest, utilizing excessive force on minor children.

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes) by Case approved giving of willful blindness instruction, rejecting defendant's claim that such a instruction is erroneous where there is an absence of evidence showing a deliberate act.

U.S. v. Cunan, No. 96-1235 (1st Cir.) (156 F.3d 110) (September 17, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists

U.S. v. Cunan, No. 96-1235 (1st Cir.) (156 F.3d 110) (September 17, 1998) (Judge Frank M. Coffin) by Case held that the Government's voluntary dismissal with prejudice of a civil forfeiture action bars a subsequent criminal forfeiture action of the same property on the grounds of res judicata. In 1990 …