Search | Punch and Jurists

U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl) by Here, although the Court ultimately reversed a downward departure granted for aberrant conduct, it acknolwedged that "aberrant behavior departures are available to first offenders whose course of criminal conduct involves more than …

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Pardue, No. 97-1730 (7th Cir.) (134 F.3d 1316) (January 26, 1998) (Judge Terrence T. Evans) by

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Summation

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael) by This case gives one scary example of how far some prosecutors will go to achieve a conviction - even if it means fabricating crimes and deliberately withholding material exculpatory evidence. In this …

U.S. v. McClain, No. 97-15128 (9th Cir.) (133 F.3d 1191) (January 13, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

U.S. v. McClain, No. 97-15128 (9th Cir.) (133 F.3d 1191) (January 13, 1998) (Judge Betty Binns Fletcher) by

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt) by

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd) by This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession …

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. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam) by Here the court vacated a sentence because the district court had determined that the Career Offender Guidline punished the defender twice by enhancing both his offense level and his criminal history category …

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Statements - Out of Court

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer) by

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

U.S. v. Campo, No. 97-1113 (2nd Cir.) (140 F.3d 415) (March 27, 1998) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Campo, No. 97-1113 (2nd Cir.) (140 F.3d 415) (March 27, 1998) (Per Curiam) by Here the Court held that the district court's refusal to grant a downward departure pursuant to § 5K1.1 due to the Government's refusal to make a specific sentencing recommendation was erroneous, and remanded to …

U.S. v. Marin-Castaneda, No. 97-5252 (3rd Cir.) (134 F.3d 551) (January 22, 1998) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Marin-Castaneda, No. 97-5252 (3rd Cir.) (134 F.3d 551) (January 22, 1998) (Judge Timothy K. Lewis) by The 67 year-old defendant in this case pled guilty to importing 1,227 grams of heroin in ingested pellets. He was sentenced to 57 months in prison. On appeal his principal argument was …

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by Here the Court rejected the defendant's contention that the Attorney General's Memorandum recommending sentence reductions for aliens who consent to deportation mandates such a reduction in all cases. The issue in …

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by The issue in this case was whether the Attorney General's Memorandum, dated April 28, 1995, in which she encouraged prosecutors to recommend sentence reductions for aliens in return for plea agreements …

U.S. v. Vazquez-Rivera, No. 97-1267 (1st Cir.) (135 F.3d 172) (February 2, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Federal Carjacking Statute

U.S. v. Vazquez-Rivera, No. 97-1267 (1st Cir.) (135 F.3d 172) (February 2, 1998) (Judge Juan R. Torruella) by Here, while the court rejected a claim that a carjacking victmin had suffered "serious bodily injury" during a rape while her car was seized, it did hold that she had suffered a …

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Immigration Hearings

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald) by Case held that § 440(a) of the AEDPA, which divests courts of appeals of jurisdiction to review certain deportation orders was not impermissibly retroactive.

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by This case contains a detailed analysis of the new rules that deal with the introduction of evidence of prior sex crimes in certain types of sex cases. See also the Tenth Circuit's …

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …

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 …