Search | Punch and Jurists

Hose v. I.N.S., No. 97-15789 (9th Cir.) (141 F.3d 932) (April 24, 1998) (Judge David R. Thompson)

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

Filed under: Punch And Jurists

Hose v. I.N.S., No. 97-15789 (9th Cir.) (141 F.3d 932) (April 24, 1998) (Judge David R. Thompson) by Here the Court held that the IIRIRA withdrew the jurisdiction of district courts to hear a habeas petition by an alien who sought to appeal an immigration judge's determination that she was …

U.S. v. Warren, No. 97-3234 (8th Cir.) (140 F.3d 742) (March 26, 1998) (Judge John B. Jones)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Warren, No. 97-3234 (8th Cir.) (140 F.3d 742) (March 26, 1998) (Judge John B. Jones) by Case held that witness's posttrial testimony was not newly discovered testimony that could support granting a motion for a new trial.

U.S. v. Kyllo, No. 96-30333 (9th Cir.) (140 F.3d 1249) (April 7, 1998) (Judge Robert R. Jr. Merhige)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Kyllo, No. 96-30333 (9th Cir.) (140 F.3d 1249) (April 7, 1998) (Judge Robert R. Jr. Merhige) by We often wonder how the Founders would have written the Fourth Amendment had they been aware of the intrusiveness of some of the spying techniques of modern day law enforcement. The …

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

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. Delagarza-Villarreal, No. 97-40172 (5th Cir.) (141 F.3d 133) (May 8, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists

U.S. v. Delagarza-Villarreal, No. 97-40172 (5th Cir.) (141 F.3d 133) (May 8, 1998) (Judge E. Grady Jolly) by Court reversed possession connviction based on aiding and abetting a co-defendant due to lack of evidence that co-defendant ever "possesed" any drugs, since he merely inspected what an informant was attempting to …

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, Dismissal

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. Wyjack, No. 97-50630 (5th Cir.) (141 F.3d 181) (May 7, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Wyjack, No. 97-50630 (5th Cir.) (141 F.3d 181) (May 7, 1998) (Per Curiam) by Court held that it is not necessary for the district court to conduct a "far reaching inquiry" under § 2B5.1(b)(2) to determine whether the notes were "obviously counterfeit.".

Scott v. District of Columbia, No. 97-7064 (D.C. Cir.) (139 F.3d 940) (April 3, 1998) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Prison Conditions

Scott v. District of Columbia, No. 97-7064 (D.C. Cir.) (139 F.3d 940) (April 3, 1998) (Judge A. Raymond Randolph) by

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, Strickland Standard

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 Case rejected claim of ineffective assistance of counsel based on counsel's alleged sleeping through a substantial portion of defendant's trial. Among the many issues raised in this motion for …

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone) by The Guidelines are now more than 10 years old; and in that brief time span they have probably produced more litigation than any other piece of legislation ever devised by Congress - …

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, Arrest of Judgment

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 Court held that in deciding a Rule 34 motion, "a court may not look beyond the face of the 'record' which consists of 'no more than the indictment, the …

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris) by Case held that a defendant's refusal to testify at criminal proceedings involving co-conspirators precluded him from receiving the benefit of a "safety valve" sentence reduction. The question presented in this case was …

U.S. v. Gotti, No. 98 CR. 42 (BDP) (S.D.N.Y.) (996 F.Supp. 321) (March 12, 1998) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists

U.S. v. Gotti, No. 98 CR. 42 (BDP) (S.D.N.Y.) (996 F.Supp. 321) (March 12, 1998) (Judge Barrington D. Jr. Parker) by Case held that 18 USC § 1963(d)(1)(A) does not authorize pre-trial restraint of substitute assets, citing decisions in accord in the 3rd, 5th, 8th and 9th Circuits. Because the …

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, Elements of Offense

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 Case addressed the burdens of proof required to meet the statutory definintion of "maintaining or increasing a position in an enterprise" as contained in 18 USC § 1959(a). Citing …

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by Case explores in depth the differences between the Fifth and Sixth Amendments separate rights to counsel.

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. 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

U.S. v. Paredes-Batista, No. 97-1110 (2nd Cir.) (140 F.3d 367) (March 18, 1998) (Judge Jose A. Cabranes) by Case rejected an acceptance of responsibility sentence reduction based on his claim that he was merely attacking the validity of a prior deportation proceeding, although it suggested that had that been the …

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers) by Case rejected claim that counsel's persistent demands for money created a conflict, but it ordered an evidentiary hearing on the claim that counsel had a conflict by failing to raise an incorrect …

U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz) by Case held that when the Government seeks to try a juvenile as an adult it need only show a substantial federal interest.

U.S. v. Bollman, No. 97-40998 (5th Cir.) (141 F.3d 184) (May 7, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Bollman, No. 97-40998 (5th Cir.) (141 F.3d 184) (May 7, 1998) (Per Curiam) by Case held that the district court did not clearly err by finding that the counterfeit items were not "so obviously counterfeit" as to preclude application of enhancement contained in § 2B5.1(b)(2).