Search | Punch and Jurists

U.S. v. Perulena, No. 92-4491 (11th Cir.) (146 F.3d 1332) (July 24, 1998) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Perulena, No. 92-4491 (11th Cir.) (146 F.3d 1332) (July 24, 1998) (Judge Gerald B. Tjoflat) by Case held that importation of marijuana almost a year before defendant joined drug conspiracy was not conduct for which the defendant could be held "otherwise accountable" under the Sentencing Guidelines. United States …

Application for Interception of Wire Comm., No. 98-10074-WGY (D.Mass.) (2 F.Supp.2d 177) (April 30, 1998) (Judge William G. Young)

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

Filed under: Punch And Jurists, Necessity

Application for Interception of Wire Comm., No. 98-10074-WGY (D.Mass.) (2 F.Supp.2d 177) (April 30, 1998) (Judge William G. Young) by Abuse of Power # 1. The law states that when the Government makes an application for an order authorizing a wire-tap it must submit "a full and complete statement as …

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

U.S. v. Balogun, No. 97-1471 (2nd Cir.) (146 F.3d 141) (July 16, 1998) (Judge Amalya Lyle Kearse) by Sharply disagreeing with the 6th Circuit, the 2nd Circuit holds that a sentencing court does not have the authority to toll a defendant's term of supervised release during the period while he …

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 …

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale) by We first wrote about this entrapment case in the June 9, 1997 issue of Punch and Jurists, where the panel's original decision was reported sub nom. U.S. v. Knox, 112 F.3d 802 …

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, the Court acknowledged that in Burns v. U.S., 501 U.S. 129 (1991) the Supreme Court ruled that a sentencing court must defendants reasonable notice before departing from the Guidelines sentencing …

U.S. v. Steele, No. 94-3139 (11th Cir.) (147 F.3d 1316) (July 29, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (147 F.3d 1316) (July 29, 1998) (Judge Edward E. Carnes) by Reversing existing precedent, the en banc court held that an indictment of a practitioner for unlawfully dispensing controlled substances need not aver that it was done outside the course of professional practice.

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by While the Court acknowledged a Circuit split on the issue, it cited its holding in U.S. v. Page, 131 F.3d 1173 (6th Cir. 1997) as binding precedent - and concluded that "except …

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 Once again, Judge Weinstein has authored an important decision which shows that justice, logic and wisdom can still be used to offset the Guidelines' rigid call for justice by the numbers. This …

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe)

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

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

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe) by Here the Court determined that the Government had breached its plea agreement with the defendant by opposing a downward departure during sentencing; and it remanded to case to a different judge for …

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale) by Here the Court held than an entrapment defense is "a challenge to criminal intent and thus to culpability" and that a defendant who proceeds to trial asserting that defense is not entitled …

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus) by The Court held that "two offenses do not constitute a single course of conduct simply because they both involve a fraud" - and concluded that the two fraudulent schemes here (one to sell …

U.S. v. Mankarious, No. 95-CR-98 (7th Cir.) (151 F.3d 694) (August 7, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mankarious, No. 95-CR-98 (7th Cir.) (151 F.3d 694) (August 7, 1998) (Judge Terrence T. Evans) by In a prosecution for laundering the proceeds of mail fraud, the defendants argued that the Government had failed to show that any predicate mailing occurred before the date of the alleged money …

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer) by This is a rare case in which the court held that a second sentence imposed after a prior remand was vindictive, and affirmed that vindictiveness can play no part in resentencing after …

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, Weapons

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Relying on the defendant's status as a "prohibited person" under 18 USC § 922(g)(3), the court rejected the defendant's claim that some of the firearms found in his home were legally possessed …

U.S. v. Sprei, No. 97-1206 (2nd Cir.) (145 F.3d 528) (May 28, 1998) (Judge James L. Oakes)

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

Filed under: Punch And Jurists

U.S. v. Sprei, No. 97-1206 (2nd Cir.) (145 F.3d 528) (May 28, 1998) (Judge James L. Oakes) by The defendant in this case was a member of an Orthodox Jewish sect in which it was the custom for fathers to arrange the marriages of their children. He was convicted on …

U.S. v. Bautista, No. 97-2222 (10th Cir.) (145 F.3d 1140) (May 22, 1998) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Bautista, No. 97-2222 (10th Cir.) (145 F.3d 1140) (May 22, 1998) (Judge James E. Barrett) by Case held that the giving of a Miranda warning does not, in and of itself, convert an otherwise non-custodial interview into a custodial interrogation (Id., at 1148-49).

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus) by Citing U.S. v. Maxwell, 34 F.3d 1006, 1010-11 (11th Cir, 1994), the Court reasoned that "when illegal conduct does exist in 'discrete, identifiable units' apart from the offense of conviction, the Guidelines anticipate …

U.S. v. Cannabis Cultivators Club, No. C 98-0085 CRB (N.D.Cal.) (5 F.Supp.2d 1086) (May 13, 1998) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Cannabis Cultivators Club, No. C 98-0085 CRB (N.D.Cal.) (5 F.Supp.2d 1086) (May 13, 1998) (Judge Charles R. Breyer) by In his ruling, Judge Breyer emphasized that he was not ruling on the legality of the possession of marijuana by patients whose doctors recommended its use, only the distribution …

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, Witnesses - Examination of

U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger) by Case held that Government's misconduct of waiting till just before trial to seek the testimony of a key witness warranted barring that witness from testifying at trial. In 1996, the defendant in this …