Search | Punch and Jurists

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Reimbursement of Costs

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple) by Although the Court held that the imposition of an obligation to reimburse the Government for legal fees under § 3006A(f) was an "independent civil liability", it ruled that the defendant could be …

U.S. v. Flennory, No. 96-5468 (11th Cir.) (145 F.3d 1264) (July 8, 1998) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Flennory, No. 96-5468 (11th Cir.) (145 F.3d 1264) (July 8, 1998) (Judge Arthur L. Alarcon) by Here the Court essentially reasoned that the double counting was permissible because it was not expressly prohibited. Court held that a 12 point enhancement of sentence on a felon in possession charge …

U.S. v. Brooks, No. 98-1111 (1st Cir.) (145 F.3d 446) (June 5, 1998) (Judge Bruce M. Selya)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Brooks, No. 98-1111 (1st Cir.) (145 F.3d 446) (June 5, 1998) (Judge Bruce M. Selya) by This spicy case technically addresses the narrow question of whether a district court, after receiving a notice of an interlocutory appeal under 18 U.S.C. § 3731, may nonetheless swear a jury and …

U.S. v. McClung, No. CRIM.A. 97-0031-H (W.D.Va.) (6 F.Supp.2d 548) (April 27, 1998) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists

U.S. v. McClung, No. CRIM.A. 97-0031-H (W.D.Va.) (6 F.Supp.2d 548) (April 27, 1998) (Judge James H. Jr. Michael) by Court held that the Government's interest in property it seized was superior to the interests asserted by creditors, because it was derived from proceeds of illegal drug activity. Here, citing the …

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken) by This is another case involving the Government's misuse of its power under U.S.S.G. § 5K1.1; and it shows the growing concern of the courts that the Government frequently seeks to use that …

U.S. v. SKW Metals & Alloys, Inc., No. 96-CR-71S (W.D.N.Y.) (4 F.Supp.2d 166) (December 4, 1997) (Judge William M. Skretny)

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

Filed under: Punch And Jurists, Bid-Rigging, Price-Fixing, etc.

U.S. v. SKW Metals & Alloys, Inc., No. 96-CR-71S (W.D.N.Y.) (4 F.Supp.2d 166) (December 4, 1997) (Judge William M. Skretny) by In this case the Defendants objected to the Probation Officer's conclusion that where the Antitrust Guideline refers to "the volume of commerce done by him or his principal in …

U.S. v. Shinault, No. 97-3061 (10th Cir.) (147 F.3d 1266) (July 8, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists

U.S. v. Shinault, No. 97-3061 (10th Cir.) (147 F.3d 1266) (July 8, 1998) (Judge Deanell R. Tacha) by Over the dissent of Judge McKay, the Court held that the replacement of one juror after the jury was empaneled and sworn did not violate the defendant's double jeopardy rights.

U.S. v. Balogun, No. 97-1471 (2nd Cir.) (146 F.3d 141) (July 16, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Freedom - Generally

U.S. v. Balogun, No. 97-1471 (2nd Cir.) (146 F.3d 141) (July 16, 1998) (Judge Amalya Lyle Kearse) by Quote from Judge Kozinski in which he explains how liberty can be lost through insistent nibbles of Government officials. QUOTE OF THE WEEK - "The piranha can be as deadly as the …

Muhammed v. U.S., No. 4:96-CV-711-A (N.D.Tex.) (6 F.Supp.2d 582) (May 12, 1998) (Judge John H. McBryde)

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

Filed under: Punch And Jurists, Damages - Compensatory

Muhammed v. U.S., No. 4:96-CV-711-A (N.D.Tex.) (6 F.Supp.2d 582) (May 12, 1998) (Judge John H. McBryde) by This is a rare case in which the Court approved an award of $45,000 in compensatory damages against the Bureau of Prisons for failing to provide adequate care to the petitioner within the …

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour) by Case held that the district court's failure to inform the defendant of the elements of the charges against her and the possible penalties during the plea colloquy rendered the plea involuntary, and …

U.S. v. Ortega Reyna, No. 97-40142 (5th Cir.) (148 F.3d 540) (July 28, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Ortega Reyna, No. 97-40142 (5th Cir.) (148 F.3d 540) (July 28, 1998) (Per Curiam) by Case held that circumstantial evidence did not, as a matter of law, support finding that defendant knowlingly possessed illegal drugs found in secret compartment of borrowed truck beyond a reasonable doubt. Here the …

Mickens v. U.S., No. 97-2734 (2nd Cir.) (148 F.3d 145) (June 24, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

Mickens v. U.S., No. 97-2734 (2nd Cir.) (148 F.3d 145) (June 24, 1998) (Judge Amalya Lyle Kearse) by Court reversed district court''s dismissal of a § 2255 motion as untimely where petition was filed within one year of the enactment of the AEDPA, but more than five years after the …

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken) by This is another case involving the Government's misuse of its power under U.S.S.G. § 5K1.1; and it shows the growing concern of the courts that the Government frequently seeks to use that …

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by In this case the defendant pled guilty to being a felon in possesion of a gun, arising out of conduct on an Interstate highway where, while driving under the influence of liquor, …

Vasquez v. Coughlin, No. 6:95-CV-104 (N.D.N.Y.) (2 F.Supp.2d 255) (April 7, 1998) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists

Vasquez v. Coughlin, No. 6:95-CV-104 (N.D.N.Y.) (2 F.Supp.2d 255) (April 7, 1998) (Judge Thomas J. McAvoy) by This provocative case is a good example of the growing tension between the real world and the ivory tower world of judges; but it is also noted because it contains a number of …

U.S. v. Pearce, No. 97-2173 (10th Cir.) (146 F.3d 771) (May 18, 1998) (Judge James K. Logan)

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

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

U.S. v. Pearce, No. 97-2173 (10th Cir.) (146 F.3d 771) (May 18, 1998) (Judge James K. Logan) by Here the Court held that the "use" prong of § 924(c) was not satisfied when the evidence merely showed that bombs were stored near drugs in light of evidence that each bomb …

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson)

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

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

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson) by Court vacated defendant's sentence because district court improperly relied in statements made to the probation officer and included in the presentence report in violation of terms of plea agreement and U.S.S.G. …

U.S. v. Lauer, No. 97-3593 (7th Cir.) (148 F.3d 766) (June 24, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Lauer, No. 97-3593 (7th Cir.) (148 F.3d 766) (June 24, 1998) (Judge Richard A. Posner) by This case deals with the issue of whether, as written, U.S.S.G. § 2F1.1(b)(6)(A) and (B) [now § 2F1.1(b)(7)(A0 and (B)] and Application Note 14 [now Application Note 16] apply to losses incurred …

U.S. v. Marsh, No. 06-10287 (9th Cir.) (144 F.3d 1229) (May 27, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Marsh, No. 06-10287 (9th Cir.) (144 F.3d 1229) (May 27, 1998) (Judge John T. Jr. Noonan) by In this tax protester case the Court vacated a series of convictions both because Government's proof violated the Confrontation Clause and because of improper venue. United States v. Marsh, 144 F.3d …

U.S. v. Spinner, No. 98-7353 (3rd Cir.) (180 F.3d 514) (June 16, 1999) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Spinner, No. 98-7353 (3rd Cir.) (180 F.3d 514) (June 16, 1999) (Judge Timothy K. Lewis) by The Court stated: "Without alleging an effect on interstate commerce in the first count, then, the indictment in this case was jurisdictionally defective. "When, as in this case, an indictment fails to …