Search | Punch and Jurists

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Status as an Alien

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are …

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case. …

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by Here the court addressed the overlapping scope of, and the difference bwteen, the vulnerable victims enhancement set forth in U.S.S.G. § 2F1.1(b)(2)(B) and the language in the Senior Citizens Against Marketing Scams Act …

Henry v. County of Shasta, No. 95-16704 (9th Cir.) (132 F.3d 512) (December 23, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Henry v. County of Shasta, No. 95-16704 (9th Cir.) (132 F.3d 512) (December 23, 1997) (Judge Stephen Reinhardt) by Here the Ninth Circuit denied police officials the defense of qualified immunity because they had, for a long time, followed a policy of abusing the rights of motorists who sought to …

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King) by Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death …

U.S. v. Conley, No. 96-3255 (10th Cir.) (131 F.3d 1387) (December 15, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury

U.S. v. Conley, No. 96-3255 (10th Cir.) (131 F.3d 1387) (December 15, 1997) (Judge David M. Ebel) by Here the Court affirmed the use of the reckless endangerment enhancement in USSG § 3C1.2 for non-drivers of the getaway vehicle, since they were armed, supporting the conclusion that they had control …

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hill, No. 96-3113 (D.C. Cir.) (131 F.3d 1056) (December 23, 1997) (Judge Patricia M. Wald) by This case contains a detailed analysis of the Supreme Court's decision in Taylor v. U.S., 495 U.S. 575 (1990) and its ruling that when deciding whether a prior conviction qualifies as a …

U.S. v. Pierce, No. 97-1474 (8th Cir.) (132 F.3d 1207) (December 24, 1997) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists

U.S. v. Pierce, No. 97-1474 (8th Cir.) (132 F.3d 1207) (December 24, 1997) (Judge Gerald W. Heaney) by United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein) United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney) Both of these decisions are destined to make a …

U.S. v. Bauer, No. 97-10046 (9th Cir.) (132 F.3d 504) (December 22, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Bauer, No. 97-10046 (9th Cir.) (132 F.3d 504) (December 22, 1997) (Judge Thomas G. Nelson) by The defendant in this case was convicted of concealing assets and making false statements in connection with his bankruptcy petition. His sole defense at trial was that he did not possess the …

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Claiborne, No. 97-30311 (5th Cir.) (132 F.3d 253) (January 6, 1998) (Per Curiam) by Court held that "attempted unauthorized entry" under Louisiana law may be treated as a "crime of violence" under the career offender provisions of the Guidelines.

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings) by Here the Court rejected challenges to the validity of the Civil Rights of Institutionalized Persons Act on the grounds that they violated equal protection or the separation of powers doctrine.

U.S. v. Damm, No. 97-1543 (8th Cir.) (133 F.3d 636) (January 8, 1998) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists

U.S. v. Damm, No. 97-1543 (8th Cir.) (133 F.3d 636) (January 8, 1998) (Judge Roger L. Wollman) by Tthis “Damm” case is another good example of the nitpicking redundancies and etymological distinctions that seem to prevail in all gun cases. Here, the defendant was a driver of an armored car …

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg) by In this case, the district court reduced a Guidelines sentence from 63 months to 48 months based on the defendant's "longstanding record of exemplary service to [his] community", and possible economic injury …

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton)

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

Filed under: Punch And Jurists, Deliberate Indifference

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge …

U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson) by This case is noted because it recognizes still another novel ground for a downward departure under the Guidelines - one which the Court called a person’s “cultural assimilation” into American society. The Ninth …

U.S. v. Gilliard, No. 96-9459 (11th Cir.) (133 F.3d 809) (January 21, 1998) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Gilliard, No. 96-9459 (11th Cir.) (133 F.3d 809) (January 21, 1998) (Judge Susan H. Black) by Court held that it was not an abuse of discretion to exclude polygraph evidence under the standards of Rule 403.

U.S. v. Drinkwine, No. 97-1194, No. 711 (2nd Cir.) (133 F.3d 203) (January 8, 1998) (Judge Ellsworth A. Van Graafeiland)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Drinkwine, No. 97-1194, No. 711 (2nd Cir.) (133 F.3d 203) (January 8, 1998) (Judge Ellsworth A. Van Graafeiland) by Court vacates fine because the sentencing proceedings, including the PSR, did not sufficiently follow the dictates of Guidelines § 5E1.2, particularly failing to consider defendant's ability to pay the …

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Civil Rights Violations

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings) by

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall) by Quote from a law review article about the spurious and apocryphal doctrines that often lie behind the Federal Rules of Evidence. QUOTE OF THE WEEK - The completely spurious and apocryphal doctrines …

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez) by Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez) Each of these cases explores …