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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, Modus Operandi Evidence
U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore) by Here, citing the language of Application Note 9(A) to USSG § 1B1.3, the Court approved the inclusion of addditional sales from previous companies where the defendant had worked as a telemarketer as …
U.S. v. Franklin, No. 97-30321 (5th Cir.) (148 F.3d 451) (July 22, 1998) (Judge Jacques L. Jr. Wiener)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of
U.S. v. Franklin, No. 97-30321 (5th Cir.) (148 F.3d 451) (July 22, 1998) (Judge Jacques L. Jr. Wiener) by Here the Court affirmed as reasonable a 215 day delay in bringing the defendant's to trial while the Government sought to apprehend and prosecute a co-defendant, under the provisions of 18 …
U.S. v. Gartner, No. 4:CR97-3070 (D.Neb.) (5 F.Supp.2d 1060) (May 14, 1998) (Judge Richard G. Kopf)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Gartner, No. 4:CR97-3070 (D.Neb.) (5 F.Supp.2d 1060) (May 14, 1998) (Judge Richard G. Kopf) by Case held that the timing of arrests in two prior controlled substance convictions resulted in an artificial increase in the defendant's offense level and criminal history category, justifying a four-level downward departure.
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Public Welfare
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by Here the Court vacated an upward departure based on USSG § 5K2.14 (endangering the public welfare) based on the district court's analysis that the reckless driving endangered every driver in a eight …
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Death/Bodily Injury
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by Here the Court vacated an enhancement under USSG § 5K2.1 based upon a death that was never charged, noting among other things, that the departure exceeded that which could have been imposed …
U.S. v. Hinojosa-Gonzalez, No. 96-50584 (9th Cir.) (142 F.3d 1122) (April 2, 1998) (Per Curiam)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists
U.S. v. Hinojosa-Gonzalez, No. 96-50584 (9th Cir.) (142 F.3d 1122) (April 2, 1998) (Per Curiam) by Case held that the law requires that a defendant be given both the legal and factual basis for an upward departure prior to sentencing. The one issue of note in this case was whether …
U.S. v. Hinojosa-Gonzalez, No. 96-50584 (9th Cir.) (142 F.3d 1122) (April 2, 1998) (Per Curiam)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists
U.S. v. Hinojosa-Gonzalez, No. 96-50584 (9th Cir.) (142 F.3d 1122) (April 2, 1998) (Per Curiam) by The one issue of note in this case was whether the law requires advance notice to a defendant of only the factual basis for an upward departure. Here, both the Presentence Report and the …
Atkins v. New York City, No. 97-7899 (2nd Cir.) (143 F.3d 100) (May 5, 1998) (Judge William W. Schwarzer)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Damages - Compensatory
Atkins v. New York City, No. 97-7899 (2nd Cir.) (143 F.3d 100) (May 5, 1998) (Judge William W. Schwarzer) by Here, after the jury found in favor of the plaintiff on charges of false arrest and the use of excessive force, it awarded him only nominal damages. The Second Circuit …
Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights
Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam) by Rejecting the Ninth Circuit view, the Second Circuit ruled that counsel's failure to file an appeal does not consitute per se ineffective assistance of counsel. By holding that there is no per …
U.S. v. Copeland, No. 96-8404 (11th Cir.) (143 F.3d 1439) (June 18, 1998) (Judge Susan H. Black)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Federal Funds
U.S. v. Copeland, No. 96-8404 (11th Cir.) (143 F.3d 1439) (June 18, 1998) (Judge Susan H. Black) by Case vacated a series of convictions under 18 USC § 666 on the grounds that the law does not apply to commercial businesses simply because they have contracts with the Department of …
Roe v. Farwell, No. Civ.A. 97-10715-WGY (D.Mass.) (999 F.Supp. 174) (March 31, 1998) (Judge William G. Young)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Megan's Laws
Roe v. Farwell, No. Civ.A. 97-10715-WGY (D.Mass.) (999 F.Supp. 174) (March 31, 1998) (Judge William G. Young) by This decision is noted because it contains a comprehensive review of prevailing judicial view that the sex offender registration and community notification laws, known as Megan's Laws, which have now been adopted …
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Victims - Generally
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by This is an important Guidelines case on the meaning of the word "victims", holding that the term, as used in USSG § 5K2.3 applies only to the victims of the offense and …
U.S. v. Copeland, No. 96-8404 (11th Cir.) (143 F.3d 1439) (June 18, 1998) (Judge Susan H. Black)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Federal Funds
U.S. v. Copeland, No. 96-8404 (11th Cir.) (143 F.3d 1439) (June 18, 1998) (Judge Susan H. Black) by QUOTE OF THE WEEK - The bondage of the "Federal funds" programs. "Congress's enactment of the Jacob Wetterling Act, Pub.L. No. 103-322, Title XVII, § 170101, 108 Stat. 2038 (1994), was another …
U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans) by Case did note that one Fifth Circuit case, U.S. v. Clements, 73 F.3d 1330, 1339 n. 14 (1996) referred to Amendment 491 as a "clarifying amendment" but it dismissed that ruling as …
U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Disclosure Obligations
U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay) by For other cases in accord with this decision, see U.S. v. Shrestha, 86 F.3d 935 (9th Cir. 1996); U.S. v. Tournier, 171 F.3d 645 (8th Cir. 1999); and U.S. v. Schreiber (Bianco), …
U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Duplicity/Multiplicity
U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly) by Case held that charging the same conduct under both the false statement and fraudulent concealment provisions of the bankruptcy fraud statute does not render the indictment multiplicious.
U.S. v. Nicholson, No. 97-6114 (10th Cir.) (144 F.3d 632) (May 5, 1998) (Judge Bobby R. Baldock)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Searches - Containers/Luggage
U.S. v. Nicholson, No. 97-6114 (10th Cir.) (144 F.3d 632) (May 5, 1998) (Judge Bobby R. Baldock) by Rare case in which a conviction was overturned due to police search of an overhead luggage rack in which the police manipulated the luggage to determine whether is contained contraband. In this …
Singh v. Prunty, No. 96-56726 (9th Cir.) (142 F.3d 1157) (April 27, 1998) (Judge Donald P. Lay)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
Singh v. Prunty, No. 96-56726 (9th Cir.) (142 F.3d 1157) (April 27, 1998) (Judge Donald P. Lay) by Case held that the knowing and deliberate suppression of the evidence of benefits received by an informant violated the Brady rule and constituted severe prejudice that warranted granting a writ of habeas …
Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Damages - Compensatory
Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips) by The Court held that "compensatory damages may be recovered in § 1983 actions for proven violations of constitutional right, but only for any actual harms caused by the violation and not …
U.S. v. LaHue, No. 97-20031-01-JWL (D.Kan.) (998 F.Supp. 1182) (May 28, 1998) (Judge John W. Lungstrum)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Federal Funds
U.S. v. LaHue, No. 97-20031-01-JWL (D.Kan.) (998 F.Supp. 1182) (May 28, 1998) (Judge John W. Lungstrum) by United States v. Copeland, 143 F.3d 1439 (11th Circuit 1998) (Judge Black) United States v. LaHue, 998 F.Supp. 1182 (D.Kan. 1998) (Judge Lungstrum) Last week we noted a case from the Seventh Circuit, …
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