Search | Punch and Jurists

U.S. v. Miller, No. 96-5391 (11th Cir.) (146 F.3d 1281) (July 20, 1998) (Judge Thomas A. Clark)

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

Filed under: Punch And Jurists

U.S. v. Miller, No. 96-5391 (11th Cir.) (146 F.3d 1281) (July 20, 1998) (Judge Thomas A. Clark) by Case held that a diagnosis of impulse control disorder was not sufficiently unusual to qualify defendant for a downward departure based on diminished capacity; evidence did not show that the disorder caused …

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Credits

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam) by Here, the district court held that § 3585(b)(1), which provides that a defendant "shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention …

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore) by Citing the legislative history of the SCAMS Act, which enhances penalties were the victims of telemarketing fraud are over 55, the Court held it was not improper to enhance a defendant's sentence …

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, Delays in Prosecution of Case

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe) by While court declined to reverse lower court's decision not to grant a downward departure based on a 3-year preindictment delay it did suggest that such a departure would be proper if the …

U.S. v. Ventura, No. 97-1029, No. 677 (2nd Cir.) (146 F.3d 91) (June 1, 1998) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ventura, No. 97-1029, No. 677 (2nd Cir.) (146 F.3d 91) (June 1, 1998) (Judge Pierre N. Leval) by The Court stated that "Multiple acts of obstruction, especially when they differ in kind or have different obstructive objectives, can be found to fall sufficiently far outside the heartland conduct …

U.S. v. Schnitzer, No. 96-20908 (5th Cir.) (145 F.3d 721) (July 2, 1998) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Schnitzer, No. 96-20908 (5th Cir.) (145 F.3d 721) (July 2, 1998) (Judge Fortunato P. Benavides) by Court vacated a conviction on the grounds that the Government placed evidence of an alternate but legally impermissible theory before the jury, confusing the jury and prejudicing the defendant.

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins)

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

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

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins) by The defendants in this case were tried and acquited in a state court on a murder charge. Thereafter they were prosecuted on various Federal drug and firearms charges. They were convicted …

U.S. v. Timilty, No. 97-2371 (1st Cir.) (148 F.3d 1) (June 16, 1998) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists

U.S. v. Timilty, No. 97-2371 (1st Cir.) (148 F.3d 1) (June 16, 1998) (Judge Sandra L. Lynch) by Here the Court held that the FDCPA did not preempt the Government's ability to collect restitution; and that the Government was not required to first obtain a civil judgment. This case is …

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer) by The real message of this case is that it may reflect the beginnings of judicial rumblings of discontent over the Government's policy of attempting to squeeze the last pound of flesh out …

Whitney v. Booker, No. 97-1243 (10th Cir.) (147 F.3d 1280) (July 10, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Special Parole

Whitney v. Booker, No. 97-1243 (10th Cir.) (147 F.3d 1280) (July 10, 1998) (Judge Bobby R. Baldock) by Here the Tenth Circuit held that the Parole Commission lacked the authority to impose a new term of special parole after the petitioner's original term of special parole had been revoked.

U.S. v. Yashar, No. 98 CR 10 (N.D.Ill.) (2 F.Supp.2d 1009) (March 30, 1998) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Yashar, No. 98 CR 10 (N.D.Ill.) (2 F.Supp.2d 1009) (March 30, 1998) (Judge Milton I. Shadur) by Here the Court granted a motion to dismiss an indictment under what the Court labeled the Federal "ghost payroller" statute where the Government attempted to aggregate payments received outside the applicable …

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 Case held prisoner's liberty interests were not violated by a stay of 545 days in the hole, concluding that there was no "atypical and significant hardship" since conditions of confinement contained "similarities" to …

U.S. v. Lowery, No. 97-368-CR (S.D.Fla.) (15 F.Supp.2d 1348) (August 4, 1998) (Judge William J. Zloch)

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

Filed under: Punch And Jurists

U.S. v. Lowery, No. 97-368-CR (S.D.Fla.) (15 F.Supp.2d 1348) (August 4, 1998) (Judge William J. Zloch) by Court agreed with the holding in U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998) that inducements offered to cooperating witnesses violated the Federal anti-bribery statute. United States v. Lowery, Docket No. 97-368-CR-Zloch …

U.S. v. Pelullo, No. Crim. 91-00060 (E.D.Pa.) (6 F.Supp.2d 403) (June 9, 1998) (Judge Robert F. Kelly)

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

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

U.S. v. Pelullo, No. Crim. 91-00060 (E.D.Pa.) (6 F.Supp.2d 403) (June 9, 1998) (Judge Robert F. Kelly) by Court concluded that the defendant would have testified at his first trial even if withheld Brady material had been produced, so the testimony at the first trial was not tainted by a …

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt) 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. Rowland, No. 96-1512 (10th Cir.) (145 F.3d 1194) (June 2, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Rowland, No. 96-1512 (10th Cir.) (145 F.3d 1194) (June 2, 1998) (Judge Michael R. Murphy) by Case is noted for Judge McKay's dissent in which he argued that the good faith exception of U.S. v. Leon, 468 U.S. 897 (1984) should not be applied to an improperly executed …

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt) 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 As noted in our Quote of the Week below, "the degree of civilization in a society is revealed by entering its prisons". That message cannot leave one with a comfortable feeling after reading …