Search | Punch and Jurists

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. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner) by In this case, the defendant objected to a recommendation contained in the Presentence Report that he was a manager of a cocaine business. After a sentencing hearing, the district court concluded that …

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by QUOTE OF THE WEEK - Some observations on the mandatory minimum sentencing laws. "[T]he mandatory sentencing laws . . . have brought about such relative inflexibility with respect to sentencing that, once the …

U.S. v. Johnson, No. 90-196-S (M.D.Ala.) (981 F.Supp. 1443) (October 23, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Johnson, No. 90-196-S (M.D.Ala.) (981 F.Supp. 1443) (October 23, 1997) (Judge Myron H. Thompson) by Despite a surprising paucity of case law on the topic, the Court concluded that it may order the unconditional release of a defendant who had been committed provided it finds, by a clear …

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists

U.S. v. Melton, No. 97-6028 (10th Cir.) (131 F.3d 1400) (December 15, 1997) (Judge Stephanie K. Seymour) by In this case the Court held that the district court had erred in attributing to the defendant acts of his coconspirators that occurred after he was arrested since those acts were beyond …

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly)

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

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

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly) by Here the Court approved a § 2D1.1(b)(1) enhancement for possession of a dangerous weapon that were found at the defendant's lab where he worked and residence because the court found they …

Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists

Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker) 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 Albritton) …

U.S. v. Wilson, No. 97-1626 (7th Cir.) (131 F.3d 1250) (December 22, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Wilson, No. 97-1626 (7th Cir.) (131 F.3d 1250) (December 22, 1997) (Judge Ilana Diamond Rovner) by This is an interesting case that follows a resentencing of the defendant after his earlier 51-month sentence was vacated by the Seventh Circuit in a decision reported at 98 F.3d 281 (7th …

U.S. v. Norflett, No. Vic.A. 97-11013-EFH (D.Mass.) (981 F.Supp. 718) (December 10, 1997) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists

U.S. v. Norflett, No. Vic.A. 97-11013-EFH (D.Mass.) (981 F.Supp. 718) (December 10, 1997) (Judge Edward F. Harrington) by Case held that sentence reduction for diminished capacity is not available for crimes of violence; which the First Circuit had ruled in a previous appeal of this case applied to this unarmed …

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)

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

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

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé) by The opening words of Judge Dennis’ dissent in this disgraceful civil rights suit for damages are all that are needed to understand the import of this case - and how far …

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein) by This case is noted for Judge Weinstein's patient and eloquent thesis that the Guidelines do leave a Fderal judge with the power to impose individualized sentences, including alternatives to imprisonment, if the …

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr)

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

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

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr) by In this case, the Government sought to introduce certain allegedly altered documents as evidence of intent to defraud and consciousness of guilt on the part of the defendant. The Court held that because …

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)

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

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

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by As a prelude to this case, it should be noted that, by 1991, there were more than 100 separate Federal mandatory minimum statutes (see, U.S. v. Spencer, 25 F.3d 1105, 1112 (D.C.Cir. 1994)). …

U.S. v. Jones, No. 96-10113 (5th Cir.) (132 F.3d 232) (January 5, 1998) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Jones, No. 96-10113 (5th Cir.) (132 F.3d 232) (January 5, 1998) (Judge Robert M. Parker) by Court rejected a broad array of constitutional challenges to the Federal Death Penalty Act.

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Attempts/Incomplete Acts

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base …

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by Although the provisions of U.S.S.G. § 2B3.1(b)(2)(C), provides for a sentence enhancement “if a firearm was brandished, displayed or possessed, the Court held that the Government wasn't really required to prove such …

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein) 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. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam) by This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant …

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Deliberate Indifference

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen) by Over the dissent of Judge Arnold, the Court held that withholding medical attention for over a week to a prisoner complaining of heart pains did not constitute deliberate indifference to a serious …

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: Retroactivity, Punch And Jurists

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Although most Circuits have rejected this approach, see U.S. v. Brady, 88 F.3d 225 (3rd Cir. 1996) for a similar view - and see U.S. v. Lominac, 144 F.3d 308 (4th …