Search | Punch and Jurists

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

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey) by At sentencing in this case, the Court deviated upward from the applicable five to eleven month sentencing range set forth in § 7B1.4 of the Guidelines without giving the defendant any advance …

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich) by Here, citing Old Chief v. U.S., 136 L.Ed.2d 574 (1997), the Court held that admitting evidence of the defendant's prior convictions despite his offer to stipulate to his status as a felon …

S.E.C. v. Palmisano, No. 96-6197 (2nd Cir.) (135 F.3d 860) (February 4, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

S.E.C. v. Palmisano, No. 96-6197 (2nd Cir.) (135 F.3d 860) (February 4, 1998) (Judge Amalya Lyle Kearse) by This case is noted because it is one of the first reported cases to discuss the impact of the Supreme Court's recent decision Hudson v. U.S., 139 L.Ed.2d 450 (1997). In that …

U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy) by In this drug case the district court added sentence enhancements both for reckless endangerment during flight (U.S.S.G. § 3C1.2) and for knowingly assaulting a police officer (U.S.S.G. § 3A1.2(b) - arising out …

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Batson Claims

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi) by This multi-issue habeas case is noted principally because of its affirmation of an important ruling on so- called Batson-challenges (see, Batson v. Kentucky, 476 U.S. 79 (1986) to race-related peremptory challenges …

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

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

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green) by QUOTE OF THE WEEK - The Sentencing Guidelines - Are they a "failed experiment" under which the "inflexible prosecutorial mind" dictates the sentencing parameters? "[G]iven the frequency with which the guidelines …

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by A careful reading of this case will make any careful defense lawyer think twice about proffers: first about whether a client should even consider making a proffer; and, second, whether the traps …

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan) by One of the issues raised in this case was whether it was proper to admit the testimony of the defendant's partner concerning why their limited partnership collapsed. The Court held that "the …

Gilbert v. Moore, No. 96-12 (4th Cir.) (134 F.3d 642) (January 22, 1998) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists

Gilbert v. Moore, No. 96-12 (4th Cir.) (134 F.3d 642) (January 22, 1998) (Judge Donald S. Russell) by The key issue on appeal was the implied malice instruction. At the close of the guilt phase of the Petitioners' trial, the trial court instructed the jury that murder is "the killing …

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

U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman) by In this case the Court held that even though the defendant had completed his sentence and had been deported, the Government was permitted to cross-appeal from his sentence on the grounds that …

U.S. v. Wright, No. 95-8397 (11th Cir.) (133 F.3d 1412) (January 28, 1998) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Wright, No. 95-8397 (11th Cir.) (133 F.3d 1412) (January 28, 1998) (Judge Emmett Ripley Cox) by This is an important decision which appears to change radically the grounds upon which a defendant may be denied a sentence reduction for acceptance of responsibility under the provisions of U.S.S.G. § …

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

U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) by QUOTE OF THE WEEK - One view of the commonly-held fallacy that curative instructions are an effective means of undoing the damage that has been wrought by inappropriate comments and the admission of improper …

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by The issue in this case was whether a defendant, who qualified for a resentencing under the retroactive application of Guideline Amendment 516 (dealing with the weight of marijuana plants), was also eligible …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Until 1994, if a person was on supervised release, and his term of supervised release was revoked for some infraction, and he was sent back to prison, most of the Circuits …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by Special Commentary "It's my game, my field, my rules and I'm the referee!" We have often complained about a practice which in recent years seems to be growing out of proportion - the …

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …