Search | Punch and Jurists

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by QUOTE OF THE WEEK - The defining element of plea agreements: Illusory inducements! "It is obvious from this discussion that . . . the defendant is in effect induced by the 'system', …

Rodriguez v. Bay State Correctional Center, No. 97-8068 (1st Cir.) (139 F.3d 270) (March 23, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

Rodriguez v. Bay State Correctional Center, No. 97-8068 (1st Cir.) (139 F.3d 270) (March 23, 1998) (Judge Bruce M. Selya) by Case emphasized that following the enactment of the AEDPA only "new rules" rendered retrocative by the Suprme Court may inure to the benefit of habeas petitioners.

U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Wilkerson, No. 97-21-CR-ORL-22B (M.D.Fla.) (992 F.Supp. 1358) (February 2, 1998) (Judge Anne C. Conway) by Case held that unexplained delay of 64 days between defendant's arrival in district and first appearance before judge was unnecessary delay that required dismissal of indictment with prejudice.

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf)

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

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

U.S. v. Follette, No. 4:97CR3011 (D.Neb.) (990 F.Supp. 1172) (January 20, 1998) (Judge Richard G. Kopf) by Here the Court rejected claim that the crime of accessory after the fact was a crime of violence for purposes of § 4B1.2, despite the fact that the defendant had originally been charged …

Humphrey v. Cain, No. 95-31101 (5th Cir.) (138 F.3d 552) (April 3, 1998) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists

Humphrey v. Cain, No. 95-31101 (5th Cir.) (138 F.3d 552) (April 3, 1998) (Judge Patrick E. Higginbotham) by Over the strong dissent of Judge Jones, the Court held that a lengthy reasonable doubt instruction lowered the State's burden of proof obligations below the constitutional minimums and thus violated due process.

Rodriguez v. Bay State Correctional Center, No. 97-8068 (1st Cir.) (139 F.3d 270) (March 23, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

Rodriguez v. Bay State Correctional Center, No. 97-8068 (1st Cir.) (139 F.3d 270) (March 23, 1998) (Judge Bruce M. Selya) by Case emphasized that following the enactment of the AEDPA only "new rules" rendered retrocative by the Suprme Court may inure to the benefit of habeas petitioners.

Salas v. U.S., No. 96-2935 (2nd Cir.) (139 F.3d 322) (March 12, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

Salas v. U.S., No. 96-2935 (2nd Cir.) (139 F.3d 322) (March 12, 1998) (Per Curiam) by Salas v. United States, 139 F.3d 322 (2nd Cir. 1998) (Per Curiam) United States v. Gobert, 139 F.3d 436 (5th Cir. 1998) (Judge Wisdom) Wright v. United States, 139 F.3d 551 (7th Cir. 1998) …

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford) by "Arias argues that enhancing his sentence four levels under U.S.S.G. § 2K2.1(b)(5) is expressly barred by the Sentencing Guidelines. Specifically, Arias cites U.S.S.G. § 2K2.4, which provides that the term of imprisonment …

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford) by Court held that defendant's sentence was properly enhanced on grounds that gun was used or possessed in connection with robberies even though robberies were grouped with felon in possession conviction.

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Germosen, No. 96-1524 (2nd Cir.) (139 F.3d 120) (March 6, 1998) (Judge Ralph K. Jr. Winter) by Court upheld a special condition of supervised release that the probationer "be subject to search of his person and property by probation.". United States v. Germosen, 139 F.3d 120 (2nd Cir. …

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay) by Court held that giving the jury multiple Allen charge instructions did not impermissibly coerce the jury into returning a guilty verdict.

U.S. v. Sanchez, No. 95-5546 (11th Cir.) (138 F.3d 1410) (April 16, 1998) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists

U.S. v. Sanchez, No. 95-5546 (11th Cir.) (138 F.3d 1410) (April 16, 1998) (Judge Paul H. Roney) by Once again the Eleventh Circuit declined to determine whether the defense of sentencing entrapment was a valid defense, although it did call that defense a "defunct theory" and noted that most other …

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden) by While the brief decision in this case is neither lengthy nor precedent-setting, it does address a frequently raised issue: When is a defendant entitled to review the presentence reports of co-defendants …

U.S. v. Halpin, No. 96-1325, No. 579 (2nd Cir.) (139 F.3d 310) (November 29, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Halpin, No. 96-1325, No. 579 (2nd Cir.) (139 F.3d 310) (November 29, 1996) (Per Curiam) by Case held that defendant was not entitled to sentence reduction under § 5K2.1(b)(2) based on sporting use of gun since evidence showed that defendant possessed gun for his own protection and the …

Arce v. Walker, No. 96-2012 (2nd Cir.) (139 F.3d 329) (March 18, 1998) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

Arce v. Walker, No. 96-2012 (2nd Cir.) (139 F.3d 329) (March 18, 1998) (Judge Thomas J. Meskill) by The Court noted that the issue in Sandin was the procedural due process rights of prisoners placed in administrative segregation for disciplinary or punitive reasons; and in that context held that 30 …

Arce v. Walker, No. 96-2012 (2nd Cir.) (139 F.3d 329) (March 18, 1998) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

Arce v. Walker, No. 96-2012 (2nd Cir.) (139 F.3d 329) (March 18, 1998) (Judge Thomas J. Meskill) by Case explored impact of the Supreme Court's ruling in Sandin and determined that 18 days in the hole did not constitute an "atypical and significant hardship.".

U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam) by Court vacated a sentence on the grounds that permitting a departure based on a codefendant's sentence would "seriously undermine the goal of nationwide uniformity in the sentencing of similar defendants for similar federal offenses." …

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by Case held that under 1991 version of the Guidelines, the taxpayer is not entitled to take a credit for legitimate but previously unclaimed deductions, while under the 1995 version of the Guidelines …

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay) by Case held that a notation on the jury verdict form qualified the jury's verdict and required the trial court to make inquiry into the notation's meaning to resolve what the jury meant.

U.S. v. Smith, No. CRIM. A. 94-524 (D.N.J.) (992 F.Supp. 743) (February 4, 1998) (Judge Nicholas H. Politan)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. CRIM. A. 94-524 (D.N.J.) (992 F.Supp. 743) (February 4, 1998) (Judge Nicholas H. Politan) by QUOTE OF THE WEEK - The naked impotency, and the debilitating effect, of doling out ritualistic verbal spankings for prosecutorial misconduct. "Recognizing a Government lawyer's role as a shepherd of justice, …