Search | Punch and Jurists

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson) by Case held that alleged unmarketability of mixture containing methamphetamine did not preclude court from including that mixture in the weight of the drugs.

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by QUOTE OF THE WEEK - A medley of comments about the enormous powers the prosecutors have to control sentencing through their charging decisions: In Ashe v. Swenson, 397 U.S. 436, 445 n. 10 …

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …

U.S. v. Wainuskis, No. 96-60742 (5th Cir.) (138 F.3d 183) (April 9, 1998) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists

U.S. v. Wainuskis, No. 96-60742 (5th Cir.) (138 F.3d 183) (April 9, 1998) (Judge John M. Jr. Duhé) by Case held that even though the Bailey case made it clear that the defendant had not "used" a gun, there was sufficient evidence to support the conviction under the "carry" prong …

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Maybe the reason that it took this decision more than a year and a half to get published was that everyone (except Judge Vazquez) was somewhat embarrassed about the prosecution of this case. …

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam) by Every once in a while, a court will focus attention on one of those pragmatic but logically untenable products of judicial engineering that is boldly created and blindly accepted to help the Government maintain …

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon)

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

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

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon) by Case rejected a broad range of challenges to wiretap evidence and held that defendants were not entitled to a Franks hearing on alleged misrepresentations and omissions in the application papers.

Caldwell v. U.S., No. 97 Civ. 2125 (HB) (S.D.N.Y.) (992 F.Supp. 363) (January 26, 1998) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Caldwell v. U.S., No. 97 Civ. 2125 (HB) (S.D.N.Y.) (992 F.Supp. 363) (January 26, 1998) (Judge Harold Jr. Baer) by Case held that post-sentencing diagnosis of leukemia was not newly discovered evidence that would justify a new trial and did not give sentencing court any inherent power to modify previously …

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Benshop, No. 97-1445 (8th Cir.) (138 F.3d 1229) (March 13, 1998) (Judge Theodore McMillian) by Court held that defendant was not sufficiently prejudiced by unavailability of trial witness to establish that a pre-indictment of delay of eight years violated his due process rights.

U.S. v. Forman, No. 96-CR-80978 (E.D.Mich.) (990 F.Supp. 875) (December 30, 1997) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists

U.S. v. Forman, No. 96-CR-80978 (E.D.Mich.) (990 F.Supp. 875) (December 30, 1997) (Judge Gerald E. Rosen) by Court rejected a claim of a double jeopardy violation based on a successive prosecution, and it distinguished the 6th Circuit's decision in Rashad v. Burt, 108 F.3d 677 (6th Cir. 1997), a decision …

Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

Nevers v. Killinger, No. 97-CV-75175-DT (E.D.Mich.) (990 F.Supp. 844) (December 30, 1997) (Judge Lawrence P. Zatkoff) by Here the Court vacated the convictions of 2 cops convicted of 2nd degree murder due to prejudicial pretrial publicity.

U.S. v. Benjamin, No. 96-4040 (6th Cir.) (138 F.3d 1069) (March 12, 1998) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Benjamin, No. 96-4040 (6th Cir.) (138 F.3d 1069) (March 12, 1998) (Judge Richard D. Cudahy) by Court held that even if prosecutor had probable cause to refuse to file a § 5K1.1 motion, but failed to prove that case by a preponderance of evidence, it could not refuse …

U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw) by This case is noted because it contains a good summary of the prevailing inter-Circuit conflict on the question of what issues may be raised at a resentencing hearing following a remand. In …

U.S. v. Matos, No. 97 CR 803(JG) (E.D.N.Y.) (990 F.Supp. 141) (January 7, 1998) (Judge John Gleeson)

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

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Matos, No. 97 CR 803(JG) (E.D.N.Y.) (990 F.Supp. 141) (January 7, 1998) (Judge John Gleeson) by This case raises some interesting issues regarding handwriting exemplars. The defendant was charged with robbing two banks, during which he delivered notes to the tellers telling them to put all the money …

U.S. v. Carmouche, No. 97-30130 (5th Cir.) (138 F.3d 1014) (April 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Carmouche, No. 97-30130 (5th Cir.) (138 F.3d 1014) (April 14, 1998) (Per Curiam) by Here the Court held that a Rule 35(c) motion is one of the types of motions for reconsideration which suspend the running of the 10-day period in FRAP 4(b), and thus extended the time …

U.S. v. Ani, No. 97-50138 (9th Cir.) (138 F.3d 390) (February 18, 1998) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Ani, No. 97-50138 (9th Cir.) (138 F.3d 390) (February 18, 1998) (Judge Robert R. Beezer) by Case is noted for its holding that customs inspectors are authorized to open international mail without probable cause.

U.S. v. Gonzales, No. 96-4204 (10th Cir.) (137 F.3d 1431) (March 4, 1998) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Ends of Justice Continuances

U.S. v. Gonzales, No. 96-4204 (10th Cir.) (137 F.3d 1431) (March 4, 1998) (Judge Mary Beck Briscoe) by Case held that the Speedy Trial Act had been violated because an "ends of justice" continuance had been improperly granted.

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Batson Claims

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy) by Case is noted for Judge Heaney's dissent in which he concluded that an all white jury that convicted a black defendant, with a tenth grade education, had been empaneled in violation of …

Wright v. U.S., No. 97-3452 (7th Cir.) (139 F.3d 551) (March 13, 1998) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists

Wright v. U.S., No. 97-3452 (7th Cir.) (139 F.3d 551) (March 13, 1998) (Judge Jesse E. Eschbach) 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 …