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U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by While this case contains a detailed discussion of the sentence enhancement for being “in the business” of receiving and selling stolen property which is contained in U.S.S.G. § 2B1.1(b)(4)(B), it is noted …

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull) by Joining the First, Fifth, Seventh and Ninth Circuits, the Eleventh Circuit held that the question of materiality under 26 USC § 7206(1) is for the jury - and not for the trial …

U.S. v. Von Foelkel, No. 97-1167 (2nd Cir.) (136 F.3d 339) (March 12, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Violation of Protective Order

U.S. v. Von Foelkel, No. 97-1167 (2nd Cir.) (136 F.3d 339) (March 12, 1998) (Per Curiam) by In this case the Court rejected a challenge that Congress had exceeded its authority under the Commerce Clause when it enacted § 2262(a)(1).

U.S. v. Burgos, No. 97-10163 (5th Cir.) (137 F.3d 841) (March 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Burgos, No. 97-10163 (5th Cir.) (137 F.3d 841) (March 19, 1998) (Per Curiam) by Case held that application of vulnerable victim Guideline as it existed at the time defendant was sentenced did not violate the ex post facto clause. Here the defendant argued that the district court violated …

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter) by The defendant in this case was a former INS agent who was convicted of bribery and the sale of false "green cards." One of his challenges to his sentence was that the …

Ramirez v. Hatcher, No. 96-16209 (9th Cir.) (136 F.3d 1209) (January 27, 1998) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

Ramirez v. Hatcher, No. 96-16209 (9th Cir.) (136 F.3d 1209) (January 27, 1998) (Judge Cynthia Holcomb Hall) by QUOTE OF THE WEEK - Legalese: the power to obfuscate the obvious. "The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too familiar with tyranny to …

Taylor v. U.S., No. 97-16069 (9th Cir.) (143 F.3d 1178) (May 4, 1998) (Judge Jane A. Restani)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Taylor v. U.S., No. 97-16069 (9th Cir.) (143 F.3d 1178) (May 4, 1998) (Judge Jane A. Restani) by Taylor v. United States, 143 F.3d 1178 (9th Cir. 1998) (Judge Restani) United States v. State of Mich., 989 F.Supp. 853 (W.D.Mich 1996) (Judge Enslen) The central issue in both of these …

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold) by This is one of those wild and wooly cases that arose out of a "massive land and air surveillance" of a now 75 year old defendant and his automobile by "approximately fifty …

U.S. v. Avery, No. 95-5232 (6th Cir.) (137 F.3d 343) (November 3, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Avery, No. 95-5232 (6th Cir.) (137 F.3d 343) (November 3, 1997) (Judge Nathaniel R. Jones) by Here the Court essentially affirmed its earlier decision, reported at 128 F.3d 974, in which it established a nearly impossible burden of proof for proving that a search at an airport was …

U.S. v. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian) by This is an interesting case dealing with U.S.S.G. § 5K1.1, in which the Court held that "end runs" around the prosecutor's duty to file a § 5K1.1 motion will not be tolerated, and …

U.S. v. Ortiz, No. 96-1827 (2nd Cir.) (136 F.3d 882) (October 31, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ortiz, No. 96-1827 (2nd Cir.) (136 F.3d 882) (October 31, 1997) (Per Curiam) by Here the Court held that mere willingness to provide the Government with information does not suffice to make a defendant eligible for safety valve sentence reduction under USSG § 5C1.2. United States v. Ortiz, …

U.S. v. Rohde, No. 2:97-CR-0200 (D.Utah) (989 F.Supp. 1151) (December 4, 1997) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists

U.S. v. Rohde, No. 2:97-CR-0200 (D.Utah) (989 F.Supp. 1151) (December 4, 1997) (Judge J. Thomas Greene) by This case raises an interesting double jeopardy issue that also involves an interesting analysis of the Supreme Court's recent decision in Witte v. U.S., 515 U.S. 389 (1995), where the Court found no …

U.S. v. Woodlee, No. 97-7032 (10th Cir.) (136 F.3d 1399) (February 23, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Hate Crimes

U.S. v. Woodlee, No. 97-7032 (10th Cir.) (136 F.3d 1399) (February 23, 1998) (Judge John C. Porfilio) by At pages 1406-1409 Court discusses at length the purposes and scope of § 2H1.1.

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Fighting Words Doctrine

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher) by Case held that First Amendment protects speech directed at police officers unless it amounts to fighting words.

In Re Bennett, No. 97-3461 (11th Cir.) (136 F.3d 1279) (March 10, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Mandamus, Writ of

In Re Bennett, No. 97-3461 (11th Cir.) (136 F.3d 1279) (March 10, 1998) (Judge Edward E. Carnes) by Here the Court granted a Writ of Mandamus after the petitioner complained about a two year delay in deciding his habeas petition - although shortly thereafter the writ was recalled and vacated …

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr) by QUOTE OF THE WEEK - Why our Founders felt that open and public trials were so essential. "The traditional Anglo-American distrust for secret trials has been variously ascribed to the notorious use …

Thomas v. Superintendent/Woodbourne Corr. Facility, No. 97-3578 (2nd Cir.) (136 F.3d 227) (November 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

Thomas v. Superintendent/Woodbourne Corr. Facility, No. 97-3578 (2nd Cir.) (136 F.3d 227) (November 21, 1997) (Per Curiam) by

U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell) by Special Commentary In the February 2, 1998 issue of Punch and Jurists, we reported on what appeared to us to be a dramatic increase in the use of unpublished decisions by the …

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)

Article • April 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by United States v. Harris, 137 F.3d 829 (8th Cir. 1998) (Judge Beam) United States v. Crowder, 141 F.3d 1202 (D.C.Cir. 1998) (En Banc) (Judge Randolph) Both of these decisions reflect a growing …

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse) by This is one of those typical, inconsistent Brady-rule violation cases (see, Brady v. Maryland, 373 U.S. 83 (1963)) that tests the creative ingenuity of the courts. Of course, the decision …