Search | Punch and Jurists

U.S. v. Mills, No. 97-5085 (6th Cir.) (140 F.3d 630) (March 31, 1998) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Mills, No. 97-5085 (6th Cir.) (140 F.3d 630) (March 31, 1998) (Judge Martha Craig Daughtrey) by We have often noted that one of the favorite weapons in the growing arsenal of Federal criminal statutes is 18 U.S.C. § 666, which makes a Federal crime of theft and bribery …

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, Sentences - Authorized

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth) by Case held that sentencing court is not authorizied to order restitution to the FBI as a condition of supervised release.

U.S. v. Sain, No. 97-3114 (3rd Cir.) (141 F.3d 463) (April 10, 1998) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Major Fraud/Fraud Offenses Act

U.S. v. Sain, No. 97-3114 (3rd Cir.) (141 F.3d 463) (April 10, 1998) (Judge Max Rosenn) by In this case of first impression, the court analogized the Major Fraud Act with the bank fraud statute which, it noted, punishes each execution of a fraudulent scheme rather than each act in …

Pennsylvania Board of Probation and Parole v. Scott, No. 97-581 (U.S. Supreme Court) (524 U.S. 357; 118 S.Ct. 2014) (June 22, 1998) (Justice Thomas)

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

Filed under: Punch And Jurists, Exclusionary Rule

Pennsylvania Board of Probation and Parole v. Scott, No. 97-581 (U.S. Supreme Court) (524 U.S. 357; 118 S.Ct. 2014) (June 22, 1998) (Justice Thomas) by By a vote of 5 to 4, the Supreme Court had ruled that illegally seized evidence, which would be barred by the exclusionary rule announced …

U.S. v. Bajakajian, No. 96-1487 (U.S. Supreme Court) (524 U.S. 321; 118 S.Ct. 2028) (June 22, 1998) (Justice Thomas)

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

Filed under: Punch And Jurists

U.S. v. Bajakajian, No. 96-1487 (U.S. Supreme Court) (524 U.S. 321; 118 S.Ct. 2028) (June 22, 1998) (Justice Thomas) by This is an important and far-reaching forfeiture case, the import of which can best be assessed by Justice Kennedy's dissent in which he states: "For the first time in its …

U.S. v. Flores-Ochoa, No. 97-11393 (5th Cir.) (139 F.3d 1022) (April 24, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, JRAD (Judicial Recommendation Against Deportation/Removal/Exclusion)

U.S. v. Flores-Ochoa, No. 97-11393 (5th Cir.) (139 F.3d 1022) (April 24, 1998) (Judge Jerry E. Smith) by Case held that the failure of counsel to move for a JRAD did not constitute ineffective assistance of counsel.

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica) by Here a majority of the Court concluded that the Sentencing Commission did not intend to import the "crime of violence" definition from USSG § 4B1.2 into § 5K2.13. Here, after noting the …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by United States v. Millard, 139 F.3d 1200 (8th Cir. 1998) (Judge Gibson) United States v. Zapata, 139 F.3d 1355 (11th Cir. 1998) (Per Curiam) In criminal trials, one of the oldest and most tenacious …

U.S. v. Hill, No. 96-3843 (6th Cir.) (142 F.3d 305) (April 16, 1998) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists

U.S. v. Hill, No. 96-3843 (6th Cir.) (142 F.3d 305) (April 16, 1998) (Judge Leroy J. Jr. Contie) by Case held that § 851(a)(1) imposes a jurisdictional requirement granting the district court jurisdiction to enhance a defendant's sentence only when the Government files an information with the court stating the …

Royal v. Tombone, No. 97-10941 (5th Cir.) (141 F.3d 596) (June 23, 1998) (Per Curiam)

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

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

Royal v. Tombone, No. 97-10941 (5th Cir.) (141 F.3d 596) (June 23, 1998) (Per Curiam) by Case held that BOP's revised regulations defining crimes of violence constituted a permissible interpretation of the statute and did not violate the Ex Post Facto Clause.

U.S. v. Ely, No. 97-20421 (5th Cir.) (140 F.3d 1089) (May 11, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Ely, No. 97-20421 (5th Cir.) (140 F.3d 1089) (May 11, 1998) (Per Curiam) by The Court also noted that 26 USC § 7213(a)(1) applies only to current and former Federal employees. Case held that defendant who was charged under the general conspiracy statute was subject to five year …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by United States v. Millard, 139 F.3d 1200 (8th Cir. 1998) (Judge Gibson) United States v. Zapata, 139 F.3d 1355 (11th Cir. 1998) (Per Curiam) In criminal trials, one of the oldest and …

U.S. v. Wethington, No. 97-3204 (6th Cir.) (141 F.3d 284) (April 10, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists

U.S. v. Wethington, No. 97-3204 (6th Cir.) (141 F.3d 284) (April 10, 1998) (Judge Nathaniel R. Jones) by Case held that 18 USC § 491(passing paper used as money) is not a lesser included offense of 18 USC § 472 (passing and possessing counterfeit notes), and thus district court properly …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

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

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

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by Case held that a plea of not guilty makes "intent" a material issue which permits introduction of evidence of past crimes to allow the Government to meet its "substantial" burden of proof.

Wilson v. Layne, No. 96-1185 (4th Cir.) (141 F.3d 111) (April 8, 1998) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

Wilson v. Layne, No. 96-1185 (4th Cir.) (141 F.3d 111) (April 8, 1998) (Judge William W. Jr. Wilkins) by We originally reported on this civil rights suit for damages case in the May 19, 1997 issue of Punch and Jurists. Essentially, a SWAT team of Federal and State law enforcement …

U.S. v. Gonyea, No. 96-2267 (6th Cir.) (140 F.3d 649) (April 2, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists

U.S. v. Gonyea, No. 96-2267 (6th Cir.) (140 F.3d 649) (April 2, 1998) (Judge Allen E. Norris) by Case held that since bank robbery was a general intent crime the defense of diminished capacity was not available. Case noted that, although the diminished capacity defense lacks a universally accepted definition, …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 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. 550) (March 4, 1998) (Judge Peter K. Leisure) by As it did in earlier decision reported at 994 F.Supp. 501, the court again rejected a motion for recusal, stating that negative comments by a trial judge are "common …

U.S. v. Delgado, No. 97 CR 708 (E.D.N.Y.) (994 F.Supp. 143) (February 19, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Delgado, No. 97 CR 708 (E.D.N.Y.) (994 F.Supp. 143) (February 19, 1998) (Judge Jack B. Weinstein) by Here Judge Weinstein approved a downward departure for a "mule" in a number of grounds but particularly on the grounds of coercion. Reading this decision by Judge Weinstein is like looking …

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …