Search | Punch and Jurists

U.S. v. Iloani, No. 97-20330 (5th Cir.) (143 F.3d 921) (June 11, 1998) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Iloani, No. 97-20330 (5th Cir.) (143 F.3d 921) (June 11, 1998) (Judge W. Eugene Davis) by Here the defendant argued that there was no trust relationship between a chiropractor and an insurance company, whereas the Government argued there was a position of trust because insurance companies extend privileges, …

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan) by Case held that a permanent resident who is subject to a final order of deportation is entitled to a hearing before an independent decisionmaker, rather than the INS district director, on …

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken) by Case held that the enhancements permitted by § 2F1.1(b)(4)(A) are not limited to crimes under the Major Frauds Act, even though that section was adopted in response to a Congressional directive …

U.S. v. Lopez-Bustamante, No. 96-CR-93-S (D.Colo.) (999 F.Supp. 1404) (March 13, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists

U.S. v. Lopez-Bustamante, No. 96-CR-93-S (D.Colo.) (999 F.Supp. 1404) (March 13, 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 …

Ramirez v. U.S., No. Civ. 97-2693(WHW) (D.N.J.) (998 F.Supp. 425) (March 16, 1998) (Judge William H. Walls)

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

Filed under: Punch And Jurists, False Arrrest/Malicious Prosecution

Ramirez v. U.S., No. Civ. 97-2693(WHW) (D.N.J.) (998 F.Supp. 425) (March 16, 1998) (Judge William H. Walls) by Case is noted for its review of the law dealing with the immunity of the INS to claims if false arrest and false imprisonment, holding that under the Westfall Act the United …

U.S. v. Sligh, No. 97-4284 (4th Cir.) (142 F.3d 761) (April 29, 1998) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Sligh, No. 97-4284 (4th Cir.) (142 F.3d 761) (April 29, 1998) (Judge J. Michael Luttig) by Case vacated a conviction due to trial error in not giving an entrapment instruction to the jury when there was clear overreaching by an overzealous IRS agent. If nothing else, this case …

Snyder v. Trepagnier, No. 96-30935 (5th Cir.) (142 F.3d 791) (May 27, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Immunity - Sovereign/Municipal

Snyder v. Trepagnier, No. 96-30935 (5th Cir.) (142 F.3d 791) (May 27, 1998) (Judge Jerry E. Smith) by Case held that a municipality could not be held liable in a § 1983 action for damages under a "code of silence" theory.

U.S. v. Chang, No. 97-4844 (11th Cir.) (142 F.3d 1251) (May 28, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Chang, No. 97-4844 (11th Cir.) (142 F.3d 1251) (May 28, 1998) (Per Curiam) by They give and they take away. In April, 1997, the 11th Circuit ruled, in Thompson v. U.S., 111 F.3d 109 (11th Cir. 1997), that the sentencing court's failure to advise a defendant of his …

U.S. v. Dunson, No. 97-1163 (10th Cir.) (142 F.3d 1213) (April 24, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Dunson, No. 97-1163 (10th Cir.) (142 F.3d 1213) (April 24, 1998) (Judge John C. Porfilio) by Case held that for purposes of Rule 609(a)(2), shoplifting was not automatically a crime involving "dishonesty or false statement" within meaning of rule governing admission of evidence of prior misdemeanor convictions. Here, …

Meyers v. Gillis, No. 97-1750 (3rd Cir.) (142 F.3d 664) (April 27, 1998) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Reliance on erroneous advice

Meyers v. Gillis, No. 97-1750 (3rd Cir.) (142 F.3d 664) (April 27, 1998) (Judge Theodore A. McKee) by Here, defense counsel suggested that he would be eligible for parole if he accepted a plea agreement, when in fact parole was only possible if the Governor, upon the recommendation of the …

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman)

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

Filed under: Punch And Jurists

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman) by Citing U.S. v. Valente, 961 F.2d 133, 135 (9th Cir. 1992), the Court noted that §§ 5K2.0-5K2.15 address departures from the Guideline ranges and not from statutory mandatory minimum sentences. Case …

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan) by This expansive bank fraud case should throw a tremor of fear in the hearts of directors of all financial institutions who can now be charged criminally, on the basis of hindsight, …

Beerheide v. Zavaras, No. Civ. No. 95-B-2325 (D.Colo.) (997 F.Supp. 1405) (March 16, 1998) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Prison Conditions

Beerheide v. Zavaras, No. Civ. No. 95-B-2325 (D.Colo.) (997 F.Supp. 1405) (March 16, 1998) (Judge Lewis T. Babcock) by This is one of those rare cases in which the Court actually granted a preliminary injunction against prison officials due to their failure to provide three prisoners, who were Orthodox Jews, …

U.S. v. Grossi, No. 97-2723 (7th Cir.) (143 F.3d 348) (May 29, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Federalizaton of Criminal Laws

U.S. v. Grossi, No. 97-2723 (7th Cir.) (143 F.3d 348) (May 29, 1998) (Judge Frank H. Easterbrook) by QUOTE OF THE WEEK - The inexorable erosion of the Tenth Amendment. "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the …

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia)

Article • June 7, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia) by In this case, the Court explained the difference between what it perceived were two general categories of Eighth Amendment claims in the prison setting: those involving "conditions of confinement" and …

U.S. v. Ladum, No. 97-30018 (9th Cir.) (141 F.3d 1328) (April 17, 1998) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists

U.S. v. Ladum, No. 97-30018 (9th Cir.) (141 F.3d 1328) (April 17, 1998) (Judge Pamela Ann Rymer) by While court declined to vacate fine, it did confirm that fines, as a form of monetary punishment, are subject to the limitations of the Excessive Fines Clause.

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by Case is noted for its affirmation of the principle that when government agents use "persuasuion alone" - not amounting to threats - it can constitute conduct that is sufficiently coercive to …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by In granting a safety valve departure, the court emphasized that the defendants need only disclose what is known and that the Government cannot simply say "We don't believe the defendant" and …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by After one defendant pled guilty and received a 36 month sentence, the court granted a significant downward departure on numerous grounds when the government sought sentences of 188 to 235 months …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by Court granted a downward departure based on aberrant conduct after looking at a "convergance of factors" including the lack of any prior criminal history, the single criminal act and the pressure …