Search | 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)

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 How the forfeiture laws can place people and businesses at a terrible disadvantage. QUOTE OF THE WEEK - Some thoughts on the by-products of the Government's forfeiture policies. "As the …

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, Burden of Proof

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone) by Case examined, and purported to answer, the question of who has the burden of proof about a defendant's intent and ability to produce or deliver drugs when the defendant claims he lacked …

U.S. v. Winningham, No. 97-2105 (10th Cir.) (140 F.3d 1328) (April 6, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Winningham, No. 97-2105 (10th Cir.) (140 F.3d 1328) (April 6, 1998) (Judge John C. Porfilio) by Court affirmed district court finding that a driver's consent to search of his van was not voluntary and held that granting of motion to suppress evidence was proper.

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty)

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

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

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty) by Case held that, for purposes of eligibility in a drug treatment program under 18 § 3621(e)(2)(B), the offense of possession of stolen explosives is a non-violent offense.

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 Court determined that error in admitting evidence about past crimes was only harmless error for husband defendant but not for wife defendant.

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, Immunity - Absolute and Qualified

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. 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, Informants and Paid Witnesses

U.S. v. Singleton, No. 97-3178 (10th Cir.) (144 F.3d 1343) (July 1, 1998) (Judge Paul J. Jr. Kelly) by Famous quote from Judge Brown about the excessive use of informers in criminal justice. QUOTE OF THE WEEK - When enough is enough! "[R]ecognized as is the role of informer in …

Caron v. U.S., No. 97-6270 (U.S. Supreme Court) (524 U.S. 308; 118 S.Ct. 2007) (June 22, 1998) (Justice Kennedy)

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

Filed under: Punch And Jurists, Civil Disabilities

Caron v. U.S., No. 97-6270 (U.S. Supreme Court) (524 U.S. 308; 118 S.Ct. 2007) (June 22, 1998) (Justice Kennedy) by The petitioner is this case had an extensive criminal history, including some felonies. In 1993, carrying a semiautomatic rifle, he threatened a victim by brandishing the rifle in the victims …

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 After looking at numerous factors including lack of predisposition, the lucrative inducements offered and the overall unfairness of the sting operation, the court granted a significant departure based on sentencing entrapment. …

U.S. v. Manning, No. 96-1797 (6th Cir.) (142 F.3d 336) (April 17, 1998) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Manning, No. 96-1797 (6th Cir.) (142 F.3d 336) (April 17, 1998) (Judge Leroy J. Jr. Contie) by Here the Court explained: "A constructive amendment to the indictment occurs when "the terms of the indictment are in effect altered by the presentation of evidence and jury instructions which so …

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Brown v. Toombs, No. 97-1333 (6th Cir.) (139 F.3d 1102) (March 27, 1998) (Per Curiam) by Case held that district courts should enforce the PLRA's exhaustion requirements sua sponte. Case noted mich of the philosophy behind the enactment of the PLRA when it commented: "Prior to the enactment of [this] …

U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell)

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

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

U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell) by At issue in this case was Guideline Amendment 518 which became effective on November 1, 1995 and whether that Amendment merely clarified, or substantively changed, the method of calculating the weight or …

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, Invited Error Doctrine

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Case rejected the Government's claim that the defendant had invited the error of admission of prior conviction evidence by mentioning the prior convictions in counsel's opening statement, since the Government had first …

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, Drug Dealer/Courier Profile

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 …

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

U.S. v. Askari, No. 95-1662 (3rd Cir.) (140 F.3d 536) (April 8, 1998) (Judge Anthony J. Scirica) by En banc Court vacated a sentence (and reversed its existing precedent) based on its finding that an unarmed bank robbery did not constitute a crime of violence that would preclude the use …

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. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy) by Court reversed a sentence under the "Three Strikes" law because one of the defendant's prior convictions for ban robbery did not involve any "threats" within the meaning of the statute. This case …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins) by Decided before the Supreme Court's decision in Caron v. U.S., the Ninth Circuit held that when a state partially restores an ex-felon's rights to possess certain firearms, he should not be prosecuted …

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy) by This case deals with another of the many Federal gun prohibitions, namely the use of a gun during a crime of violence, and particularly what is required for the application of the …

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Garcia Abrego, No. 97-20130 (5th Cir.) (141 F.3d 142) (May 6, 1998) (Judge Carolyn Dineen King) by The principal (and disturbing) issue raised in this major drug prosecution case was the defendant's claim that the Government's payment of witnesses, grants of immunity, and plea bargaining so distorted the …