Search | Punch and Jurists

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, Informants and Paid Witnesses

Singh v. Prunty, No. 96-56726 (9th Cir.) (142 F.3d 1157) (April 27, 1998) (Judge Donald P. Lay) by Quote from Judge Trott in which he stated that the use of informers, accessories, accomplices, false friends, or any of the other betrayals which are "dirty business" may raise serious questions of …

In Re Sealed Case (Sentencing Guidelines' "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (149 F.3d 1198) (July 24, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines' "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (149 F.3d 1198) (July 24, 1998) (Judge David S. Tatel) by Recently there have been a number of decisions that have addressed the Government's often capricious and arbitrary refusal to file a motion for a downward departure pursuant …

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton)

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

Filed under: Forfeiture, Punch And Jurists

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton) by The Court stated that: "Where it can be established that meritorious defenses have indeed been foreclosed undercircumstances that reflect an extraordinary sense of contrition and desire to make amends for the offense" …

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, Extreme Conduct or Injury

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by One of the issues addressed in this case was whether the enhancements permitted under U.S.S.G. § 5K2.3 (Extreme Psychological Injury) could be applied to take into account the psychological impact on the …

U.S. v. Nguyen, No. CR 92-926-ER (C.D.Cal.) (997 F.Supp. 1281) (March 12, 1998) (Judge Edward Rafeedie)

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

Filed under: Punch And Jurists, Reliance on erroneous advice

U.S. v. Nguyen, No. CR 92-926-ER (C.D.Cal.) (997 F.Supp. 1281) (March 12, 1998) (Judge Edward Rafeedie) by As little children we instinctively learn that sometimes the best course of action may be to try to hide the results of something that we have done that is really embarrassing. One portion …

U.S. v. Greer, No. 2:95-CR-72 (D.Vt.) (998 F.Supp. 399) (February 9, 1998) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Greer, No. 2:95-CR-72 (D.Vt.) (998 F.Supp. 399) (February 9, 1998) (Judge William K. III Sessions) by This case is noted for its discussion of the difficult burdens of proof that are required to vacate a conviction based on allegations of juror misconduct. After the defendants were convicted at …

U.S. v. Phath, No. 97-2213 (1st Cir.) (144 F.3d 146) (May 20, 1998) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists

U.S. v. Phath, No. 97-2213 (1st Cir.) (144 F.3d 146) (May 20, 1998) (Judge Norman H. Stahl) by QUOTE OF THE WEEK - The incoherency of the Guidelines. [T]he fundamental problem with the guidelines is not their attempt to guide judicial discretion or their severity, but their utopian premise that …

U.S. v. To, No. 96-3045 (11th Cir.) (144 F.3d 737) (June 23, 1998) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. To, No. 96-3045 (11th Cir.) (144 F.3d 737) (June 23, 1998) (Judge Joseph Woodrow Hatchett) by Case held that the Government's evidence was too attenuated to sustain one defendant's RICO conviction both because he joined conspiracy too late and because evidence did not tie him to the predicate …

U.S. v. Berg, No. 97 Crim. 0866(LAK) (S.D.N.Y.) (998 F.Supp. 395) (April 6, 1998) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists

U.S. v. Berg, No. 97 Crim. 0866(LAK) (S.D.N.Y.) (998 F.Supp. 395) (April 6, 1998) (Judge Lewis A. Kaplan) by Despite acknowledging that other decisions from the same district have ruled otherwise (e.g., U.S. v. Gotti, 996 F.Supp. 321 (S.D.N.Y. 1998) and U.S. v. Gigante, 948 F.Supp. 279 (S.D.N.Y. 1996)), the …

U.S. v. Nguyen, No. CR 92-926-ER (C.D.Cal.) (997 F.Supp. 1281) (March 12, 1998) (Judge Edward Rafeedie)

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

Filed under: Punch And Jurists

U.S. v. Nguyen, No. CR 92-926-ER (C.D.Cal.) (997 F.Supp. 1281) (March 12, 1998) (Judge Edward Rafeedie) by As little children we instinctively learn that sometimes the best course of action may be to try to hide the results of something that we have done that is really embarrassing. One portion …

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, Informants and Paid Witnesses

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 …

U.S. v. Riley, No. 95-9042 (11th Cir.) (142 F.3d 1254) (June 3, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Riley, No. 95-9042 (11th Cir.) (142 F.3d 1254) (June 3, 1998) (Per Curiam) by Case held that in a conspiracy to distribute case with two different drugs that produce two different mandatory minimum sentences, but the jury returns only a general verdict, the district court must stay below …

Butler v. Apfel, No. 97-15497 (9th Cir.) (144 F.3d 622) (May 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Civil Disabilities

Butler v. Apfel, No. 97-15497 (9th Cir.) (144 F.3d 622) (May 14, 1998) (Per Curiam) by Here the Court rejected a constitutional challenge to 42 U.S.C. § 402(x) which denies social security benefits to incarcerated felons. Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (Per Curiam) Mujahid v. Crabtree, …

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Threats

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold) by Case vacated sentence holding that defendant clearly did not make an express threat of death within the meaning of USSG § 2B3.1(b)(2)(F) by demanding that teller put money in bag "and no …

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that provision of plea agreement stating that the U.S. "submits" that the offense involved more than 50 grams of crack was not a stipulation that was binding on the defendant …

U.S. v. Grimes, No. 96-2916 (11th Cir.) (142 F.3d 1342) (June 8, 1998) (Judge Susan H. Black)

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

Filed under: Punch And Jurists

U.S. v. Grimes, No. 96-2916 (11th Cir.) (142 F.3d 1342) (June 8, 1998) (Judge Susan H. Black) by Court held that the application of the post-1994 versions of 18 USC §§ 844(I) and 34 did not violate the Ex Post Facto Clause the the judge had authority to impose a …

Parretti v. U.S., No. 95-56586 (9th Cir.) (143 F.3d 508) (May 1, 1998) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

Parretti v. U.S., No. 95-56586 (9th Cir.) (143 F.3d 508) (May 1, 1998) (Judge Harry Pregerson) by Over the strong dissent of Judge Reinhardt, the majority held that dismissal of appeal was warranted under the fugitive disentitlement doctrine.

U.S. v. Edwards, No. 97-30192 (9th Cir.) (154 F.3d 915) (June 23, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Edwards, No. 97-30192 (9th Cir.) (154 F.3d 915) (June 23, 1998) (Judge Stephen Reinhardt) by Case held that a prosecutor's presentation of an incriminating piece of evidence, which he himself had unearthed, violated both the advocate witness rule and the rule against prosecutorial vouching. In this case the …

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, Searches - Vehicle checkpoints

Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips) by Here the Court held that the warrantless searches of a group of motorcycle riders at a police checkpoint violated the Fourth Amendment, but that the plaintiffs were not entitled to compensatory …

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists, Delegation of Authority

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate) by Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (Per Curiam) Mujahid v. Crabtree, 999 F.Supp. 1398 (D.Or. 1998) (Magistrate Judge) United States v. Lopez-Bustamante, 998 F.Supp. 1404 (D.Colo. 1998) (Magistrate Judge) This trio of …