Search | Punch and Jurists

U.S. v. Pitts, No. Crim. A. 97-44-3 (E.D.Pa.) (3 F.Supp.2d 637) (June 1, 1998) (Judge Anita B. Brody)

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

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

U.S. v. Pitts, No. Crim. A. 97-44-3 (E.D.Pa.) (3 F.Supp.2d 637) (June 1, 1998) (Judge Anita B. Brody) by In this case the defendant was convicted of possession of drugs with intent to distribute, but he was acquitted on a weapons charge. At sentencing, the Government moved for a sentence …

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore)

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

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

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Case rejected claim that information disclosed to Probation Officer after he signed proffer agreement should have been excluded under § 1B1.8, holding it was "completely extraneous to information concerning the unlawful activities …

U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina) by In this case the Eleventh Circuit joined a majority of Circuits in holding that the district court had the authority, following a successful Bailey appeal to resentence the defendant on the remaining …

U.S. v. Begay, No. 97-2127 (10th Cir.) (144 F.3d 1336) (May 27, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Begay, No. 97-2127 (10th Cir.) (144 F.3d 1336) (May 27, 1998) (Judge James K. Logan) by Case held that exclusion of evidence that Government's witness had been convicted of various crimes was not error because evidence of a prior drug conviction was not necessarily relevant to credibility and …

U.S. v. Korogodsky, No. S3 95 Cr. 1091 (SAS) (S.D.N.Y.) (4 F.Supp.2d 262) (April 1, 1998) (Judge Shira A. Scheindlin)

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

Filed under: Depositions, Punch And Jurists

U.S. v. Korogodsky, No. S3 95 Cr. 1091 (SAS) (S.D.N.Y.) (4 F.Supp.2d 262) (April 1, 1998) (Judge Shira A. Scheindlin) by Court denied motion requesting issuance of letters rogatory on the grounds that the information sought was not relevant to the indictment and would not be issued to test the …

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, Public Welfare

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by Case approved an upward departure based in part on endangering the public welfare under USSG § 5K2.14; and listed (on page 979) a number of cases where that enhancement had been approved. …

U.S. v. Stewart, No. 97-50309 (5th Cir.) (145 F.3d 273) (June 25, 1998) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Stewart, No. 97-50309 (5th Cir.) (145 F.3d 273) (June 25, 1998) (Judge Harold R. Jr. DeMoss) by This case is noted because it reversed a conviction for possession with intent to distribute drugs based upon an aiding and abetting theory. The defendant Stewart and his co-defendant Watson were …

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin) by After the defendant was acquitted of drug conspiracy, he was charged with tax fraud and court held that it was not error to refuse to advise jury that he had been acquitted …

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore) by Case held that crime of transmitting a threat to extort monies (18 USC § 875(d)) was not a "non-violent" offense, and thus no departure based on diminished capacity could have been …

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, Weapons

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, …

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, Crimes of Violence/Violent Felony

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, …

U.S. v. Gamez, No. 97CR67 (JBW) (E.D.N.Y.) (1 F.Supp.2d 176) (April 6, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Gamez, No. 97CR67 (JBW) (E.D.N.Y.) (1 F.Supp.2d 176) (April 6, 1998) (Judge Jack B. Weinstein) by Court held that conscious avoidance may be substituted for knowledge equivalents under the provisions of § 2S1.1(b)(1) - although here the Government failed to prove that defendants had consciously avoided knowledge that …

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones) by Quote from Judge Bright about the inherent unfairness of sentencing a drug mule, who had a diminished capacity, to a 30 year sentence while some of the drug kingpins got lesser sentences. …

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore)

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

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

U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore) by Case held that crime of transmitting a threat to extort monies (18 USC § 875(d)) was not a "non-violent" offense, and thus no departure based on diminished capacity could have been …

U.S. v. Isaza-Zapata, No. 97-5443 (3rd Cir.) (148 F.3d 236) (June 8, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Isaza-Zapata, No. 97-5443 (3rd Cir.) (148 F.3d 236) (June 8, 1998) (Judge Marjorie O. Rendell) by Here the Third Circuit rejected the Seventh Circuit's rule that a drug courier is not entitled to a minor role adjustment because "when a drug courier is held accountable only for the …

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum) by United States v. Santoyo, 146 F.3d 519 (7th Cir. 1998) (Judge Flaum) United States v. Harpaul, 4 F.Supp.2d 137 (E.D.N.Y. 1998) (Judge Spatt) By now one would think that the Government's frequent …

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Prison Conditions

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson) by Judge Baer comments on the growing reversion of prison practices to the Puritanical punishment factors that governed prisons in the nation's early history. QUOTE OF THE WEEK - The philosophy that directs the …

U.S. v. Ortiz, No. 97-1670 (1st Cir.) (146 F.3d 25) (June 12, 1998) (Judge Juan R. Torruella)

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

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

U.S. v. Ortiz, No. 97-1670 (1st Cir.) (146 F.3d 25) (June 12, 1998) (Judge Juan R. Torruella) by Joining decisions from the 3rd, 5th and D.C. Circuits, the Court held that the enhanced penalties of § 860(a) apply to a defendant who possessed drugs in a schoolyard zone, even if …

U.S. v. Parker, No. 97-30199 (9th Cir.) (146 F.3d 696) (June 11, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Failure to Appear

U.S. v. Parker, No. 97-30199 (9th Cir.) (146 F.3d 696) (June 11, 1998) (Per Curiam) by Judge Reinhardt argued that the effect of this decision was to hold that every time a defendant commits a violation of 18 USC § 3146(a)(2), regardless of the circumstances, he will automatically be subject …

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, Corrupt and Forcible Interference with IRS

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 …