Search | Punch and Jurists

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides …

LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson) by Case is noted principally for Judge Pregerson's dissent in which he argues that the petitioner's challenge to Arizona's lethal gas statute is ripe for review.

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin) by In the case the Court agreed that it had been improper for the district court to allow the use of the defendant's prior out-of-court statements under Rule 801(d)(1)(B). The Government had argued, …

U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often …

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson) by Here, although the Court joined with other Circuits in "encouraging strict adherence" to Fed.R.Crim.P. 24(c) dealing with the use of peremptory challenges, it held that the defendant had suffered no prejudice …

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey) by

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Assimilative Crimes Act

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina) by In its discussion of the Assimilated Crimes Act (ACA) the court noted, inter alia, that "Prosecution under the ACA is for enforcement of federal law assimilating a state statute, not for enforcement …

U.S. v. Padilla, No. 97 CR 72 (SAS) (S.D.N.Y.) (986 F.Supp. 163) (August 15, 1997) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Padilla, No. 97 CR 72 (SAS) (S.D.N.Y.) (986 F.Supp. 163) (August 15, 1997) (Judge Shira A. Scheindlin) by In this case, Judge Scheindlin granted in part defense motions to suppress some of the evidence that was seized during a searh on the grounds that such evidence was not …

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill)

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

Filed under: Punch And Jurists

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by United States v. Adkinson, 135 F.3d 1363 (11th Cir. 1998) (Judge Hill) ("Adkinson I") United States v. Adkinson, 158 F.3d 1147 (11th Cir. 1998) (Judge Hill) ("Adkinson II") These two rather extraordinary …

U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones) by In this case the Court rejected a broad series of challenges that alleged the Federal Extortion Statutes were unconsitutionally overbroad.

U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones)

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

Filed under: Punch And Jurists

U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones) by While this case dealt with a constitutional challenge to the Federal extortion statute, it is noted because of the sentencing memorandum which requested a downward departure based on coercion, duress …

U.S. v. Sylve, No. 96-30327 (9th Cir.) (135 F.3d 680) (February 2, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Assimilative Crimes Act

U.S. v. Sylve, No. 96-30327 (9th Cir.) (135 F.3d 680) (February 2, 1998) (Judge Robert Boochever) by In this case, the Court reversed and vacated the district court's determination that participation in a State deferred program for alcohol abuse was not "punishment" within the meaning of the Assimilative Crimes Act. …

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington) by This is one of the first cases to examine § 921(a)(33) which added "misdemeanor crime of domestic violence" as a new category of persons who are prohibited from possessing firearms. In this case …

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Kahoe, No. 96-7215 (4th Cir.) (134 F.3d 1230) (January 28, 1998) (Judge William W. Jr. Wilkins) by The gun activists often claim that the Government lives in abject fear of anyone (except, of course, Government employees) possessing guns - because an armed citizenry poses a threat to its …

U.S. v. Garcia, No. 96-10043 (9th Cir.) (135 F.3d 667) (February 2, 1998) (Judge Stephen V. Wilson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Garcia, No. 96-10043 (9th Cir.) (135 F.3d 667) (February 2, 1998) (Judge Stephen V. Wilson) by In this case, the defendant argued that his sentence was erroneously increased with an obstruction of justice enhancement under U.S.S.G. § 3C1.1 because the standard for proving an obstruction of justice enhancement …

U.S. v. Lopez, No. CR 91-082L (D.R.I.) (985 F.Supp. 59) (November 24, 1997) (Judge Ronald R. Lagueux)

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

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

U.S. v. Lopez, No. CR 91-082L (D.R.I.) (985 F.Supp. 59) (November 24, 1997) (Judge Ronald R. Lagueux) by Case held that a 32 month delay in reporting of a stste offense did not preclude the sentencing of a defendant for violation of his supervised release with a sentence to run …

U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists

U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter) by QUOTE OF THE WEEK - Of Government cowardice and the disappearing-ink of § 5K1 letters. In a recent case in which the Government did not dispute that the defendant had been …

U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay) by You may not get a sentencing break if you are a drug addict in this country - but, as this case shows, you usually can if you are a former law enforcement …