Search | Punch and Jurists

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, Sentences - Authorized

U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans) by Here the Court held that the Victim and Witness Protection Act does not authorize restitution for Title 26 tax offenses (id., at 284).

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: Punch And Jurists

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton) by Citing cases from two other Circuits (U.S. v. Hendrickson, 22 F.3d 170 (7th Cir. 1994) and U.S. v. Crook, 9 F.3d 1422 (9th Cir. 1993)) as well as its own decision in …

U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull) by Case held that a sentencing court's power to reduce a sentence based on a Guideline Amendment is discretionary. After the defendant filed to motion to have his sentence reduced on the basis …

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay) by Court affirmed a § 924(c) conviction for "carrying" a firearm even though the jury was instructed only to consider whether the defendant had "used" the weapon, and that instruction was erroneous under …

U.S. v. Sylvester, No. 96-60796 (5th Cir.) (143 F.3d 923) (June 11, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Jury Coercion/Tampering

U.S. v. Sylvester, No. 96-60796 (5th Cir.) (143 F.3d 923) (June 11, 1998) (Judge Jerry E. Smith) by Here, although the Court rejected the defendant's contention that the Government is required to prove the absence of prejudice, it held that the trial court's voir dire examination of the jurors into …

U.S. v. Wilson, No. Cr. No. 96-174-N (M.D.Ala.) (998 F.Supp. 1377) (March 27, 1998) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Wilson, No. Cr. No. 96-174-N (M.D.Ala.) (998 F.Supp. 1377) (March 27, 1998) (Judge Myron H. Thompson) by While 18 USC § 3565(b)(1) mandates a sentence of imprisonment if a probationer possesses an illegal drug, 18 USC § 3563(a) also provides that the court may consider alternatives to imprisonment. …

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever) by Here the Court rejected a defendant's claim that it was "manifestly unfair" that he received a ten-year sentence, while a co-defendant, who pled guilty and cooperated, was sentenced to 37-months. The Court simply …

Scotto v. Almenas, No. 97-7673 (2nd Cir.) (143 F.3d 105) (May 5, 1998) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Scotto v. Almenas, No. 97-7673 (2nd Cir.) (143 F.3d 105) (May 5, 1998) (Judge John M. Jr. Walker) by Case held that a parole officer was not entitled to absolute immunity for falsely preparing a parole violation report and recommending that a warrant be issued for the parolee's arrest.

U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay) by Case held that the burden of proof is on the defendant to show inability to pay a fine.

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever) by Case held that evidence did not support finding that drug sales made by defendant's friend to Government agent were jointly undertaken by defendant so as to justify attribution to the defendant.

Petta v. Rivera, No. 95-40157 (5th Cir.) (143 F.3d 895) (June 9, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Petta v. Rivera, No. 95-40157 (5th Cir.) (143 F.3d 895) (June 9, 1998) (Per Curiam) by This is a revised opinion in the outrageous case originally discussed more fully under the decision reported at Petta v. Rivera, 133 F.3d 330.

U.S. v. Young, No. 97-1455 (2nd Cir.) (143 F.3d 740) (May 12, 1998) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Young, No. 97-1455 (2nd Cir.) (143 F.3d 740) (May 12, 1998) (Judge John F. Keenan) by Here the Second Circuit reversed the grant of a one-level downward departure granted to a defendant who was a naturalized citizen, where the district court gad reasoned that the case was atypical …

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 Case relied primarily on the Supreme Court's ruling in Russell v. U.S., 471 U.S. 858 (1985). Case rejected a claim that the Government had failed to prove the requisite interstate commerce connection, …

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, Crack v. Powdered Cocaine

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that under the Guidelines "cocaine base" and "crack" are synonymous and thus the defendant's argument that the rule of lenity warranted a lower sentence was unavailing.

Fristoe v. Thompson, No. 97-6246 (10th Cir.) (144 F.3d 627) (April 28, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Fristoe v. Thompson, No. 97-6246 (10th Cir.) (144 F.3d 627) (April 28, 1998) (Judge Monroe G. McKay) by Case is noted for its holding that the BOP's reliance on sentencing enhancements conflicts with the plain language of the statute - which "does not permit resport to sentencing factors or sentencing …

Tucker v. Branker, No. 96-5177 (D.C. Cir.) (142 F.3d 1294) (May 12, 1998) (Judge Douglas Ginsburg)

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

Filed under: Filing Fees, Punch And Jurists

Tucker v. Branker, No. 96-5177 (D.C. Cir.) (142 F.3d 1294) (May 12, 1998) (Judge Douglas Ginsburg) by The tone of this decision was set in the Court's discussion of the reasons why there are "rational reasons" for treating prisoners and non-prisoners differently. The Court stated: "First . . . A …

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya) by In a case dealing with the 1993 version of § 5G1.3, the Court approves the imposition of a 96 month consecutive sentence to various State sentences as a "reasonable incremental punishment.". Before …

New York State Bar Ass'n v. Reno, No. 97-CV-1768 (N.D.N.Y.) (999 F.Supp. 710) (April 7, 1998) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Granny Goes to Jail Act

New York State Bar Ass'n v. Reno, No. 97-CV-1768 (N.D.N.Y.) (999 F.Supp. 710) (April 7, 1998) (Judge Thomas J. McAvoy) by Case held that even in the absence of hardship from imminent prosecution or threat of prosecution, a "claim might still be ripe under First Amendment jurisprudence if . . …

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas) by

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor)

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

Filed under: Punch And Jurists, Batson Claims

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor) by This decision is one of those rare instances in which a conviction was overturned because the Court concluded that the prosecution's decision to exclude "at least two of the four black jurors …