Search | Punch and Jurists

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

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones) by This is one of those disturbing cases that shows the reality of the brave new world created by the Federal Sentencing Guidelines. The defendant Jones was one of 21 co-conspirators who went …

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel) by In this case the D.C. Circuit joined the Second Circuit (U.S. v. Core, 125 F.3d 74 (2nd Cir. 1997) and the Third Circuit (U.S. v. Sally, 116 F.3d 76 (3rd Cir. 1997) …

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel) by Clarifying its earlier decision in U.S. v. Whren, the D.C.Circuit held that on a remand the defendant could raise new issues which were based on facts that were not even existing at …

U.S. v. Santiago, No. S5 97 CR 786(SAS) (S.D.N.Y.) (3 F.Supp.2d 392) (February 13, 1998) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Santiago, No. S5 97 CR 786(SAS) (S.D.N.Y.) (3 F.Supp.2d 392) (February 13, 1998) (Judge Shira A. Scheindlin) by Defendant Santiago was one of a number of defendants charged in a multi-count RICO and drug conspiracy indictment. Initially he was arrested and held in State custody on Rikers Island …

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by QUOTE OF THE WEEK - The changing standards for determining whether a confession is free and voluntary. "[A] confession, in order to be admissible, must be free and voluntary: that is, …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher) by Here the Court held that the regulation at issue, which resulted in a denial of an inmate's request to receive Playboy Magazine, was facially overbroad and could not be rendered valid by …

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by This is one of those "wake up and take notice" cases that shows the ever-expanding reach of the prosecutorial arm of the Federal Government. Having won the battle of prosecuting State crimes, …

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson)

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

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

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by Here the Court noted that "Drug courier profile evidence is extremely prejudicial and may be used only in limited circumstances, such as ‘to establish modus operandi . . . in exceptional, complex …

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 Case affirmed proposition that a sentencing court may control any inappropriate manipulation of the indictment through use of its departure powe.

U.S. v. Kassouf, No. 96-4381 (6th Cir.) (144 F.3d 952) (May 21, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Corrupt and Forcible Interference with IRS

U.S. v. Kassouf, No. 96-4381 (6th Cir.) (144 F.3d 952) (May 21, 1998) (Judge Nathaniel R. Jones) by United States v. Marsh, 144 F.3d 1229 (9th Cir. 1998) (Judge Noonan) United States v. Kassouf, 144 F.3d 952 (6th Cir. 1998) (Judge Jones) These two cases present another rarity - reversals …

U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings) by Here the court addressed the statutory language that the defendant must provide "the government" with a truthful version of the events "not later than the time of the sentencing hearing." Essentially it …

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman) by Court held that defendant was misled by a "pattern of deception" making him believe that he was not a suspect and was not going to be arrested when the interrogating agent had in …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by Case held that drugs which a defendant bought and possessed for personal consumption rather than to sell could not be used as uncharged drug-related misconduct to enhance his sentence. United States v. …

In Re Grand Jury Investigation, No. Civ. A. 98-10048 (D.Mass.) (3 F.Supp.2d 82) (February 18, 1998) (Judge William G. Young)

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

Filed under: Punch And Jurists

In Re Grand Jury Investigation, No. Civ. A. 98-10048 (D.Mass.) (3 F.Supp.2d 82) (February 18, 1998) (Judge William G. Young) by Court declined to grant Government's ex parte motion to extend the period of the statute of limitations, pursuant to 18 USC § 3292. This decision deals with a Government's …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by United States v. Perulena, 146 F.3d 1332 (11th Cir. 1998) (Judge Tjoflat) United States v. Wyss, 147 F.3d 631 (7th Cir. 1998) (Judge Posner) Both of these cases raise interesting (and winning) …

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels) by Case held that where a prosecutor "deliberately attempts to make punitive use of information obtained in exchange for a grant of immunity" such conduct breached immunity agreement and violated the Fifth Amendment (id., …

Walters v. Reno, No. 96-36304 (9th Cir.) (145 F.3d 1032) (May 18, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

Walters v. Reno, No. 96-36304 (9th Cir.) (145 F.3d 1032) (May 18, 1998) (Judge Stephen Reinhardt) by This is an interesting class action suit in which a Legal Aid lawyer, concerned that the INS procedures for the deportation of the vast number of aliens who are charged with document fraud …

U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists

U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha) by This is another case that deals with the authority of the district courts to resentence a defendant on counts that were never challenged, after a successful appeal on some of the original …

Walters v. Reno, No. 96-36304 (9th Cir.) (145 F.3d 1032) (May 18, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

Walters v. Reno, No. 96-36304 (9th Cir.) (145 F.3d 1032) (May 18, 1998) (Judge Stephen Reinhardt) by Court affirmed granting of broad injunctive relief against the INS for its use of "dense" and "misleading" forms that failed to apprise aliens of their rights to a hearing and the effects of …

Smalls v. Batista, No. 97 CIV. 6045(RWS) (S.D.N.Y.) (6 F.Supp.2d 211) (May 19, 1998) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists

Smalls v. Batista, No. 97 CIV. 6045(RWS) (S.D.N.Y.) (6 F.Supp.2d 211) (May 19, 1998) (Judge Robert W. Sweet) by Case held that an Allen charge which created a duty to persuade other jurors and did not contain cautionary language was coercice and deprived petitioner of a fair trial.