Search | Punch and Jurists

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 - Authorized

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. 25 Sandra Court, Sandwich, Ill., No. 97-2042 (7th Cir.) (135 F.3d 462) (January 30, 1998) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists

U.S. v. 25 Sandra Court, Sandwich, Ill., No. 97-2042 (7th Cir.) (135 F.3d 462) (January 30, 1998) (Judge Walter J. Cummings) by This case is noted because of its comprehensive review of the concept of "proportionality" when examining claims that the Excessive Fines Clause of the Eighth Amendment bars a …

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker) by Case granted motion to supress evidence on grounds that the affidavit in support of the wiretap order was seriously deficient and it failed to meet the "necessity requirements" contained in § 2518(1)(c). …

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here, the Court rejected the defendant's argument that the crimes at issue did not cause or threaten the harm or evil sought to be prevented by the law proscribing the offense at issue, …

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here the Court held that the district court must impose a sentence falling within the Guidelines range notwithstanding his personal opinion that 'the Guideline range is disproportionate and unduly harsh'." (Id., at 407). …

U.S. v. Beckner, No. 97-30285 (5th Cir.) (134 F.3d 714) (February 2, 1998) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists

U.S. v. Beckner, No. 97-30285 (5th Cir.) (134 F.3d 714) (February 2, 1998) (Judge Patrick E. Higginbotham) by Court reversed a third conviction of wire fraud, finding that the Government had failed to prove that the defendant/attorney had any actual knowledge of the fraud of his client or that he …

U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) 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 so difficult …

U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) 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 so difficult …

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian)

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

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

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian) 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 that …

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson) by In this case the court rejected the defendant's proposed jury instruction that he was entitled to have the jury determine whether he had a valid entrapment by estoppel defense. He was charged …

Hadix v. Johnson, No. 96-2463 (6th Cir.) (133 F.3d 940) (January 13, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review

Hadix v. Johnson, No. 96-2463 (6th Cir.) (133 F.3d 940) (January 13, 1998) (Per Curiam) by This prison case is noted because it reversed a highly persuasive decision of Judge Feikens (reported at Hadix v. Johnson, 947 F.Supp. 1100 (E.D.Mich. 1996) (Hadix I)) in which he held unconstitutional one of …

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson) by One of the issues addressed in this case was the controversial topic of jury nullification. On that issue, the Court wrote as follows: "Juries sometimes assume the power of nullification; still, nullification …

U.S. v. Cole, No. 97-1323 (2nd Cir.) (135 F.3d 114) (January 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Cole, No. 97-1323 (2nd Cir.) (135 F.3d 114) (January 14, 1998) (Per Curiam) by The defendant in this case sent threatening letters to the President and a Senator. After his conviction under 18 U.S.C. § 876, he appealed arguing that the district court should not have applied a …

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by QUOTE OF THE WEEK - The unfettered power of Federal prosecutors to determine the fates of criminal defendants. "The decision to prosecute this state case as a federal case lies in the …

U.S. v. Bunner, No. 97-5066 (10th Cir.) (134 F.3d 1000) (January 20, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists

U.S. v. Bunner, No. 97-5066 (10th Cir.) (134 F.3d 1000) (January 20, 1998) (Judge Bobby R. Baldock) by It should be apparent by now that defendants who take advantage of the Supreme Court’s ruling in Bailey v. U.S., 516 U.S. 137 (1995) by appealing that portion of their conviction that …

U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman) by The Court in this case affirmed a downward departure granted to the defendant on the grounds that his prior felony conviction drastically overstated the seriousness of the underlying crime for purposes of …

U.S. v. Bunner, No. 97-5066 (10th Cir.) (134 F.3d 1000) (January 20, 1998) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Doctrine of Frustration of Purpose

U.S. v. Bunner, No. 97-5066 (10th Cir.) (134 F.3d 1000) (January 20, 1998) (Judge Bobby R. Baldock) by It should be apparent by now that defendants who take advantage of the Supreme Court’s ruling in Bailey v. U.S., 516 U.S. 137 (1995) by appealing that portion of their conviction that …

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 Here the Eighth Circuit basically held that the BOP's interpretation of its own regulations dealing with eligibility for the drug treatment programs deserved controlling weight, unless plainly erroneous or inconsistent with its …

U.S. v. Soares, No. SACV87-0544-GLT(GMT) (C.D.Cal.) (985 F.Supp. 1227) (December 4, 1997) (Judge Gary L. Taylor)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Soares, No. SACV87-0544-GLT(GMT) (C.D.Cal.) (985 F.Supp. 1227) (December 4, 1997) (Judge Gary L. Taylor) by The issue in this case was whether it was proper to add to the loss calculation accrued interest on a loan. Although the Ninth Circuit has not yet ruled on the issue, the …

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker) by It is impossible to do justice to the significance of this lengthy decision in which first Magistrate Judge Brazil, and then District Judge Walker concluded that the Government had so violated the …