Search | Punch and Jurists

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam) by Here the Court held that the district court was authorized to impose two consecutive terms of imprisonment on a parolee following his violation of a condition of two separate terms of supervised release that …

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 United States v. Ortiz, 136 F.3d 161 (D.C. Cir. 1998) (Judge Rogers) Thomas v. Superintendent/Woodbourne Corr. Facility, 136 F.3d 227 (2nd Cir. 1997) (Per Curiam) Both of these cases deal with the …

U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones) by Here the Court vacated a sentence based on the more serious type of d-methamphetamine because the Government failed to carry its burden of proof in establishing the identity of the drugs involved. …

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers) by This case is noted because it outlines the approaches of the different Circuits on the issue of whether the new limitations in the AEDPA limiting the filing of a second or successive …

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers) by Second or successive petitions.

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore) by The Court stated: "Federal Rule of Criminal Procedure 12(b)(2) provides that '[d]efenses and objections based on defects in the indictment or information . . . ' must be raised prior to trial. …

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner) by In this case Judge Gertner, sua sponte, granted a downward departure to a resident alien to avoid the harsh and questionable policies of the Bureau of Prisons that deny community confinement status to …

U.S. v. Gallant, No. 97-10111 (9th Cir.) (136 F.3d 1246) (February 25, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Remorse

U.S. v. Gallant, No. 97-10111 (9th Cir.) (136 F.3d 1246) (February 25, 1998) (Judge John T. Jr. Noonan) by Case held that implicit in acceptance of responsibility is an admission of moral wrongdoing, which is satisfied by contrition and remorse - but not by expressions of regret for being caught.

In Re US Currency, $844,520.00, No. 97-2210 (8th Cir.) (136 F.3d 581) (February 19, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Waivers/Defaults

In Re US Currency, $844,520.00, No. 97-2210 (8th Cir.) (136 F.3d 581) (February 19, 1998) (Per Curiam) by While the Court is this case, by a per curiam order, routinely affirmed the seizue of $844,520 in this case on the grounds that the claimant had failed to file a claim …

U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam) by Case held that double counting is permissible if it accounts for more than one type of harm caused by the defendant's conduct or where each enhancement serves a unique purpose under the Guidelines (Id., …

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson) by United States v. McDougal, 137 F.3d 547 (8th Cir. 1998) (Judge Gibson) United States v. Espy, 989 F.Supp. 17 (D.D.C. 17 1997) (Judge Urbina) For those interested in following the political machinations …

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

In Re Bennett, No. 97-3461 (11th Cir.) (136 F.3d 1279) (March 10, 1998) (Judge Edward E. Carnes) by Carefully, and with obvious concern about establishing any general precedent, the Court in this case addressed a growing problem for the courts - lengthy delays in the administration of justice. In January …

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Fee Provisions

U.S. v. Ortiz, No. 96-3123 (D.C. Cir.) (136 F.3d 161) (February 24, 1998) (Judge Judith W. Rogers) by Joining all the other Circuits that have ruled on the issue, the Court held that the new filing fee provisions of the PLRA do not apply to habeas corpus proceedings. The Court …

U.S. v. Contreras, No. 97-10163 (9th Cir.) (136 F.3d 1245) (February 25, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Contreras, No. 97-10163 (9th Cir.) (136 F.3d 1245) (February 25, 1998) (Judge John T. Jr. Noonan) by Here the Court held that for purposes of the safety valve disclosure obligations, a defendant's disclosure of information to the Probation Officer is not disclosure to "the Government" in the manner …

U.S. v. Fernandez, No. 94-4021 (11th Cir.) (136 F.3d 1434) (March 17, 1998) (Judge Stanley F. Jr. Birch)

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

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

U.S. v. Fernandez, No. 94-4021 (11th Cir.) (136 F.3d 1434) (March 17, 1998) (Judge Stanley F. Jr. Birch) by The central issue in this explosive appeal was whether the Government had withheld critical material information of which it was aware that would "point the finger" at CIA participation in the …

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener) by Among the issues raised in this case was the interesting question of whether a claim of ineffective assistance of counsel can constitute a valid basis for a downward departure under the …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by This well publicized case shows another aspect of unpublished decisions. The case involved the sentencing of the 69-year old reputed head of the Genovese crime family who had long warded off …

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 This is one of those speedy trial cases that raises both questions and eyebrows. On April 22, 1993, the defendant was indicted on a series of Federal gun and drug charges. Subsequently, …