Search | Punch and Jurists

U.S. v. Boylan, No. Crim. No. 98-45 (D.N.J.) (5 F.Supp.2d 274) (May 8, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Boylan, No. Crim. No. 98-45 (D.N.J.) (5 F.Supp.2d 274) (May 8, 1998) (Judge Stephen M. Orlofsky) by Case is noted for its discussion of the purpose and scope of § 2C1.7 which deals with fraud by public officials which deprive a constituency of its intangible right to honest …

Doe v. Pataki, No. 96 CIV. 1657(DC) (S.D.N.Y.) (3 F.Supp.2d 456) (May 7, 1998) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96 CIV. 1657(DC) (S.D.N.Y.) (3 F.Supp.2d 456) (May 7, 1998) (Judge Denny Chin) by This is the sequel to the Second Circuit's earlier decision, reported at 120 F.3d 1263 (2nd Cir. 1997), where that Court held that neither the registration nor the community notification provisions of …

Blissett v. Casey, No. 97-2459, No. 1126 (2nd Cir.) (147 F.3d 218) (June 25, 1998) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Blissett v. Casey, No. 97-2459, No. 1126 (2nd Cir.) (147 F.3d 218) (June 25, 1998) (Judge Pierre N. Leval) by Here the Court affirmed an award of attorneys fees 42 USC § 1988, holding that the fee limitation provisions of § 1997e(d) did not apply since the work was performed …

U.S. v. Gartmon, No. 96-3102 (D.C. Cir.) (146 F.3d 1015) (July 14, 1998) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Summation

U.S. v. Gartmon, No. 96-3102 (D.C. Cir.) (146 F.3d 1015) (July 14, 1998) (Judge Merrick B. Garland) by Here the Court established three factors to be considered in determining whether a defendant has suffered sufficient prejudice to warrant a new trial, based on a misstatement of fact to the jury …

U.S. v. Bendek, No. 96-9408 (11th Cir.) (146 F.3d 1326) (July 23, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Bendek, No. 96-9408 (11th Cir.) (146 F.3d 1326) (July 23, 1998) (Per Curiam) by Case held that even assuming permitting alternate juror to deliberate with regular jurors constituted plain error which affected the defendant's substantial rights, it did not warrant reversal since defendant failed to show prejudice from …

U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner) by In this case, the inimitable Judge Lechner (we don't remember ever seeing a single decision of his in favor of a criminal defendant) reaffirmed, on remand, an enhancement for obstruction …

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes)

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

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

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes) by Case reversed district court decision granting a new trial based on Government's failure to disclose exculpatory evidence about a key witness on grounds of materiality and speculative inferences. This is one of …

U.S. v. Arana, No. 95-CR-80272 (E.D.Mich.) (18 F.Supp.2d 715) (July 24, 1998) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists

U.S. v. Arana, No. 95-CR-80272 (E.D.Mich.) (18 F.Supp.2d 715) (July 24, 1998) (Judge Gerald E. Rosen) by United States v. Lowery, Docket No. 97-368-CR-Zloch (S.D.Fla. 1998) (Judge Zloch) United States v. Arana, Docket No. 95-CR-80272 (E.D.Mich. 1998) (Judge Rosen) United States v. Mauney, Docket No. 1:07CR251-1 (M.D.N.C. 1998) Here they …

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (152 F.3d 1069) (August 3, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Kaluna, No. 96-10527 (9th Cir.) (152 F.3d 1069) (August 3, 1998) (Judge Stephen Reinhardt) by This is one of the first cases we have seen which has raised some serious questions about the "forget the presumption of innocence - just incarcerate them" attitude of much modern day criminal …

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman) by When the defendant in this case was sentenced, Judge Wexler ordered him to pay a fine of $60,000, even though he made no inquiry nor any findings as to the defendant's ability …

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins) by In this decision, the Court relied upon the Supreme Court's ruling in Ross v. Oklahoma, 487 U.S. 81 (1998). In that case, the Court held that the loss of peremptory challenges is …

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Corace, No. 97-1437 (2nd Cir.) (146 F.3d 51) (May 20, 1998) (Judge Jon O. Newman) by The defendant in this case pled guilty to theft from an employee benefit plan. Prior to sentencing, the district court (Judge Wexler) had some ex parte conversations with the court-appointed trustee of …

U.S. v. Gangi, No. 97 Cr. 1215(DC) (S.D.N.Y.) (1 F.Supp.2d 256) (April 2, 1998) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Gangi, No. 97 Cr. 1215(DC) (S.D.N.Y.) (1 F.Supp.2d 256) (April 2, 1998) (Judge Denny Chin) by This is an amusing case in which the Government somehow inadvertently released to defense counsel a confidential prosecution memorandum that described the Government's strategies, its witnesses and the sources of its evidence. …

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne) by Case held that for uncontroverted matters set forth in the Presentence Report, the district court need not make any independent findings of fact and may rely on the conclusions and findings in …

McCarthy v. Doe, No. 96-2767 (2nd Cir.) (146 F.3d 118) (June 9, 1998) (Judge J. Garvin Murtha)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

McCarthy v. Doe, No. 96-2767 (2nd Cir.) (146 F.3d 118) (June 9, 1998) (Judge J. Garvin Murtha) by After noting that the law governing prisoners subject to multiple sentences is "hardly a model of clarity", the Court flatly rejected, as incorrect, the BOP's interpretation of § 3584(a) - namely that …

U.S. v. Guthrie, No. 97-2019 (6th Cir.) (144 F.3d 1006) (June 19, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists

U.S. v. Guthrie, No. 97-2019 (6th Cir.) (144 F.3d 1006) (June 19, 1998) (Judge R. Guy Jr. Cole) by Here, as a matter of first impression, the Sixth Circuit joined holdings from the 7th, 8th, 9th and 10th Circuits in holding that the enhancement contemplated in U.S.S.G. § 2F1.1(b)(4)(B) - …

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima)

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

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

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima) by The decision in this case was at odds with an earlier panel's decision in U.S. v. Rios-Favela, 118 F.3d 653 (9th Cir. 1997). In that case, the panel had ruled that "the …

U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger) by QUOTE OF THE WEEK - One view of the impact of the Federal Sentencing Guidelines. "[I]n the 10 plus years since the sentencing guidelines went into full force and effect in the federal …

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

U.S. v. Lauer, No. 97-3593 (7th Cir.) (148 F.3d 766) (June 24, 1998) (Judge Richard A. Posner) by Despite agreeing that the definition of "financial institutions" in Application Note 14 to § 2F1.1 does not include pension funds, the Court held that a pension fund was a "financial institution", thus …

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes)

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

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

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes) by This is one of those intriguing Brady violation cases that never really had a chance of succeeding. It involved high-profile organized crime figures, secret informants planted deep within their organizations, and allegations …