Search | Punch and Jurists

U.S. v. Isaac, No. 97-7139 (3rd Cir.) (141 F.3d 477) (April 10, 1998) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Isaac, No. 97-7139 (3rd Cir.) (141 F.3d 477) (April 10, 1998) (Judge Walter K. Stapleton) by We have consistently noted that the Circuit courts have generally acknowledged that the district courts are virtually powerless to intervene when a prosecutor refuses to file a promised motion for a downward …

U.S. v. Midgley, No. 97-7402 (3rd Cir.) (142 F.3d 174) (April 23, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists

U.S. v. Midgley, No. 97-7402 (3rd Cir.) (142 F.3d 174) (April 23, 1998) (Judge Jane R. Roth) by Case held that following a successful Bailey-type appeal, the Government could not reinstate charges that had originally been dismissed in the plea agreement and were now outside the applicable statute of limitations …

U.S. v. Singleton, No. 97-3178 (10th Cir.) (144 F.3d 1343) (July 1, 1998) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists

U.S. v. Singleton, No. 97-3178 (10th Cir.) (144 F.3d 1343) (July 1, 1998) (Judge Paul J. Jr. Kelly) by This is a major decision in which the Court held that the testimony of a cooperating witness should have been suppressed because promises of leniency made to him, in exchange for …

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills) by On a remand from the Seventh Circuit, the court held that the proper Guidelines section for grouping mail fraud and money laundering counts was § 3D1.2(d), not § 3D1.2(b) as the defendant contended.

U.S. v. Gonzales, No. CR. 95-538 (D.N.M.) (995 F.Supp. 1299) (March 13, 1998) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Gonzales, No. CR. 95-538 (D.N.M.) (995 F.Supp. 1299) (March 13, 1998) (Judge Martha Vazquez) by Case held that a pre-trial detention of 28 months, with further delays possible, did not violate defendant's due process rights. Court held that it was not sufficient to look solely at the length …

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Bruton Error

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima) by This case deals with the so-called Bruton rule that was enunciated by the Supreme Court in Bruton v. U.S., 391 U.S. 123 (1968), which held that a defendant is deprived of his …

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth) by This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB …

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton) by Court rejected a motion to dismiss an indictment based on allegations that the prosecutor had, knowingly, negligently and with reckless disregard for the truth, presented false evidence to the grand jury. In …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 501) (February 20, 1998) (Judge Peter K. Leisure) by Court rejected a motion for recusal under 28 U.S.C. § 455(a), holding that critical or disapproving judicial remarks do not ordinarily support a bias or partiality challenge. Citing Liteky …

U.S. v. Barrios, No. 97-CR-173-B (D.Colo.) (994 F.Supp. 1257) (February 18, 1998) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Barrios, No. 97-CR-173-B (D.Colo.) (994 F.Supp. 1257) (February 18, 1998) (Judge Lewis T. Babcock) by

U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett) by This case is noted not just because the Court reversed a drug conviction on the basis of lack or probable cause to detain the motorist in the first instance, but also because …

Lara v. Johnson, No. 97-10034 (5th Cir.) (141 F.3d 239) (May 26, 1998) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

Lara v. Johnson, No. 97-10034 (5th Cir.) (141 F.3d 239) (May 26, 1998) (Judge Reynaldo G. Garza) by The Court wrote: "The IAD has been adopted by most states (including Texas), and is a congressionally mandated compact, so its interpretation is a question of federal law. Cuyler v. Adams, 449 …

U.S. v. Singleton, No. 97-3178 (10th Cir.) (144 F.3d 1343) (July 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Singleton, No. 97-3178 (10th Cir.) (144 F.3d 1343) (July 10, 1998) (Per Curiam) by It sure didn't take long. Last week we featured this case in which a unanimous panel of the Tenth Circuit held that the testimony of a cooperating witness should have been suppressed because promises …

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam) by Case held that fact that defense counsel's partner had represented defendant's co-conspirator in related forfeiture proceedings did not warrant automatic reversal, but required remand to determine whether conflict in fact existed.

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by Court ordered an evidentiary hearing to determine if defense counsel had shown an excessive concern for the welfare of the defendant's co-defendants to the point of substantial prejudice. This is a case that …

U.S. v. Ashley, No. 97-1193 (2nd Cir.) (141 F.3d 63) (April 7, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Ashley, No. 97-1193 (2nd Cir.) (141 F.3d 63) (April 7, 1998) (Judge Amalya Lyle Kearse) by Court affirmed an upward departure based on the district court's evaluation that the criminal history category "significantly under-represents the seriousness of the defendant's criminal history or the likelihood that he would commit …

Strong v. U.S. Parole Com'n., No. 97-2171 (2nd Cir.) (141 F.3d 429) (April 13, 1998) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Special Parole

Strong v. U.S. Parole Com'n., No. 97-2171 (2nd Cir.) (141 F.3d 429) (April 13, 1998) (Judge James L. Oakes) by Although the statute authorizing "special parole" (18 U.S.C. § 841(c)) was repealed in 1984, and although the Parole Commission no longer exists, this case is noted for its summary of …

U.S. v. Paredes-Batista, No. 97-1110 (2nd Cir.) (140 F.3d 367) (March 18, 1998) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Paredes-Batista, No. 97-1110 (2nd Cir.) (140 F.3d 367) (March 18, 1998) (Judge Jose A. Cabranes) by Case held that IAD's 180-day speedy trial period was not violated, even though the Government's procedures for processing speedy trial requests was "disturbing.".

Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans) by Here the Court held that various strip searches of inmates do not violate either the Fourth or the Eighth Amendments, absent any evidence that the searches were performed for …

U.S. v. Moulder, No. 97-10417 (5th Cir.) (141 F.3d 568) (May 18, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists

U.S. v. Moulder, No. 97-10417 (5th Cir.) (141 F.3d 568) (May 18, 1998) (Judge Rhesa Hawkins Barksdale) by Case held that when a sentence is vacated under § 2255 in light of Bailey, the Government is permitted to reinstate charges it originally dismissed pursuant to a plea agreement under the …