Search | 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)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Rohde, No. 2:97-CR-0200 (D.Utah) (989 F.Supp. 1151) (December 4, 1997) (Judge J. Thomas Greene) by Court held that after an enhancement for obstuction of justice an indictment for perjury based on the same false testimony was impermissible even if the Government sought no new punishment.

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

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

Filed under: Punch And Jurists, Access To Courts

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by This is one of those indigent pro se prisoner cases, routinely was assigned to a Magistrate Judge, which just may have produced some unintended and highly provocative results. The Magistrate’s Memorandum and Order revealed …

U.S. v. Grimmond, No. 96-4825 (4th Cir.) (137 F.3d 823) (March 6, 1998) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Speedy Trial Rights

U.S. v. Grimmond, No. 96-4825 (4th Cir.) (137 F.3d 823) (March 6, 1998) (Judge Karen J. Williams) by Case held that a 35 month delay between indictment and arraignment did not warrant relief.

Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval) by This case involved several administrative forfeiture notices, one of which was sent by certified mail to the federal facility at which the plaintiff-appellant was detained. The Court determined that the …

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, Juries - Anonymous/Sequestered

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr) by Here the Court held that the district court had not abused its discretion by enpaneling an anonymous jury, although it noted that the use of such procedures "is an extraordinary protective device" …

U.S. v. Buchanan, No. CRIM. 95-10188-NG (D.Mass.) (987 F.Supp. 56) (December 18, 1997) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Buchanan, No. CRIM. 95-10188-NG (D.Mass.) (987 F.Supp. 56) (December 18, 1997) (Judge Nancy Gertner) by It is not surprising that, once again, our lead case was written by Judge Nancy Gertner from Massachusetts. Consistently, she cuts through the legal gibberish and political games of criminal law to prove …

U.S. v. Hobbs, No. 97-4393 (4th Cir.) (136 F.3d 384) (February 18, 1998) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists

U.S. v. Hobbs, No. 97-4393 (4th Cir.) (136 F.3d 384) (February 18, 1998) (Judge Thomas Selby III Ellis) by Here the Court held that each of three burglaries for which the defendant had previously been convicted occurred on ocasions different from others for purposes of the ACCA even though they …

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald) by The Court did acknowledge that in U.S. v. Lam Kwong-Wah, 966 F.2d 682 (D.C.Cir. 1992) "extraordinary circumstances" might call for the use of a higher standard of proof - such as clear …

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald) by Although the Court observed that it has "several times" warned against the evils of mirroring hypothetical questions on the grounds that such questions constitute impermissible expert testimony about the defendant's mental state, …

U.S. v. Lazo-Ortiz, No. 96-5424 (11th Cir.) (136 F.3d 1282) (March 10, 1998) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Lazo-Ortiz, No. 96-5424 (11th Cir.) (136 F.3d 1282) (March 10, 1998) (Judge Peter T. Fay) by The convoluted issue in this case was: "Whether the sentence of an alien convicted of reentering the United States after a previous deportation order may be enhanced [by 16 levels] under U.S.S.G. …

U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Instant Offense

U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse) by This decision is noted because it deals with a frequently misapplied Guideline provision, namely U.S.S.G. § 3C1.1 which permits a two-level sentence enhancement for obstructing or impeding the administration of justice "during …

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, Constructive/Imputed/Presumed knowledge

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse) by In holding that the Brady rule does not impose an unlimited duty on the prosecutor to inquire of other Government offices, the Court explained that a contrary view would "condemn …

U.S. v. Sheinbaum, No. 97-41055 (5th Cir.) (136 F.3d 443) (February 27, 1998) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Sheinbaum, No. 97-41055 (5th Cir.) (136 F.3d 443) (February 27, 1998) (Judge Patrick E. Higginbotham) by Case held that the fact that the defendants had reached a civil settlement with their victim did not preclude an award of restitution under the VWPA. In this case the Court acknowledged …

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant) by In 1981, the petitioner in this case was arrested and charged with a murder that took place in 1974. He moved to dismiss the charges on the grounds that …

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (136 F.3d 740) (March 3, 1998) (Judge John C. Godbold)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (136 F.3d 740) (March 3, 1998) (Judge John C. Godbold) by This case involves another judge who showed blind allegiance to the principle that justice demands eking out the maximum possible penalty, this time even if unsupported by his own prior …

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner) by This case is noted for one of those Snippets of Justice that speaks volumes about our criminal justice system - and particularly how the Government openly fears having the system judged by …

U.S. v. McClanahan, No. 97-2420 (7th Cir.) (136 F.3d 1146) (February 18, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. McClanahan, No. 97-2420 (7th Cir.) (136 F.3d 1146) (February 18, 1998) (Judge Michael S. Kanne) by No notice of upward departure required for sentences outside the Guideline's Revocation Table.

U.S. v. McClanahan, No. 97-2420 (7th Cir.) (136 F.3d 1146) (February 18, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. McClanahan, No. 97-2420 (7th Cir.) (136 F.3d 1146) (February 18, 1998) (Judge Michael S. Kanne) by Case held that no notice of upward departure is required for sentences outside the Guideline's Revocation Table.

U.S. v. Page, No. 96-4083 (6th Cir.) (136 F.3d 481) (February 12, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Page, No. 96-4083 (6th Cir.) (136 F.3d 481) (February 12, 1998) (Judge Gilbert S. Merritt) by Over the strong dissent of Judge Moore, the majority somewhat limited the scope of the Violence Against Women Act, holding that the prohibition against domestic violence does not extend to acts occurring …

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 …