Search | Punch and Jurists

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum) by Case held that exemption portion of statute, permitting some classes of felons to own guns, does not violate the Equal Protection Clause. Among its holdings in this case, the Court ruled that …

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett) by Case is noted for one of Judge Bennett's typically detailed analyses, this time on the correct standards for wiretap evidence - from probable cause, to the necessity requirements, to the Government's obligations to …

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett) by Case is noted for one of Judge Bennett's typically detailed analyses, this time on the correct standards for wiretap evidence - from probable cause, to the necessity requirements, to the Government's obligations to …

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett) by Case is noted for one of Judge Bennett's typically detailed analyses, this time on the correct standards for wiretap evidence - from probable cause, to the necessity requirements, to the Government's obligations 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, Sentencing Disparity

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. Anderson, No. 97-30028 (C.D.Ill.) (995 F.Supp. 944) (March 11, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists

U.S. v. Anderson, No. 97-30028 (C.D.Ill.) (995 F.Supp. 944) (March 11, 1998) (Judge Richard Mills) by United States v. Midgley, 142 F.3d 174 (3rd Cir. 1998) (Judge Roth) United States v. Anderson, 995 F.Supp. 944 (D.D.Ill. 1998) (Judge Mills) Both of these cases deal with the statutes of limitation - …

U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Threats

U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach) by In her dissent, Judge Rovner acknowledged that while the majority's holding might be defensible under the new version of the Guidelines (which became effective Nov. 1, 1997), its holding was wrong under …

U.S. v. Gigante, No. CR 93-368 JBW (E.D.N.Y.) (996 F.Supp. 194) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Gigante, No. CR 93-368 JBW (E.D.N.Y.) (996 F.Supp. 194) (January 5, 1998) (Judge Jack B. Weinstein) by Here Judge Weinstein examined in detail the requirements of 18 USC §4241(a) and (d) as it applies to sentencing hearings and concluded that evidence of malingering warranted the conclusion that the …

U.S. v. Sclafani, No. Crim. No. 97-405 (D.N.J.) (996 F.Supp. 400) (March 11, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Failure to Object/Late Objections

U.S. v. Sclafani, No. Crim. No. 97-405 (D.N.J.) (996 F.Supp. 400) (March 11, 1998) (Judge Stephen M. Orlofsky) by Case concluded that defendant had merely forfeited (rather than waived) objections to restitution order, which permitted court to vacate order on grounds that Magistrate had failed to make specific factual findings …

U.S. v. Hadrick, No. Crim. No. 96-12 (W.D.Pa.) (996 F.Supp. 464) (April 2, 1998) (Judge Sean J. McLaughlin)

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

Filed under: Punch And Jurists, Summation

U.S. v. Hadrick, No. Crim. No. 96-12 (W.D.Pa.) (996 F.Supp. 464) (April 2, 1998) (Judge Sean J. McLaughlin) by This case is noted for its ruling that "when a prosecutor resorts to evidence outside the record in her closing argument, it implicates the defendant's Fifth Amendment right to be judged …

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 Because the stakes (and the publicity value) are normally so high, almost any case involving a defendant named Gotti will normally contain interesting tidbits - and this decision is …

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha) by Case rejected a broad range of cinstitutional challenges to Rule 414 which permits the use of character or propensity evidence in child molestation cases. This case addressed a constitutional challenge to Rule …

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 a prisoner may seek judicial review of a BOP prospective eligibility determination once the BOP renders its decision; it is then "ripe for consideration".

U.S. v. Rodriguez, No. 96-1670 (2nd Cir.) (140 F.3d 163) (March 24, 1998) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Fraud/Fraud Offenses

U.S. v. Rodriguez, No. 96-1670 (2nd Cir.) (140 F.3d 163) (March 24, 1998) (Judge Thomas J. Meskill) by Here the Court emphasized that where the government alleges that a defendant, through misrepresentations, engaged in a deceptive course of conduct "the misrepresentations must be material to give rise to liablity" under …

Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell)

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

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

Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell) by Case held that prison officials had no reasonable suspicion to strip search detainee after pat down search revealed no contraband; and that mere suspicion that detainee was under influence of drugs or …

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 QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear evidence of past convictions. "The law of evidence places barriers between the jury and a defendant's …

Hood v. Helling, No. 96-4180 (8th Cir.) (141 F.3d 892) (April 14, 1998) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

Hood v. Helling, No. 96-4180 (8th Cir.) (141 F.3d 892) (April 14, 1998) (Judge Diana E. Murphy) by The majority defined "mutually antagonistic defenses" as those which "force the jury to disbelieve the core of on defense in order to believe the core of the other." (Id., at 896). In …

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 Despite going to trial, the Court granted an acceptance of responsibility sentence reduction principally because the defendants had admitted virtually all the facts to the Government after their arrest.

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, Physical Condition

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills) by Not surprisingly, Judge Mills denied a downward departure in this case based on the defendant's age (unspecified), his post conviction rehabilitation efforts, and his physical condition (sleep apnea); but the case is noted principally …

U.S. v. Urban, No. 97-7107 (3rd Cir.) (140 F.3d 229) (March 20, 1998) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Urban, No. 97-7107 (3rd Cir.) (140 F.3d 229) (March 20, 1998) (Judge Arthur L. Alarcon) by The fact that this case involved bombs and destructive devices made it virtually certain that the defendant would not win, as evidenced by the Court's treatmnet of a number of cases cited …