Search | Punch and Jurists

U.S. v. Kennedy, No. 97-3009 (D.C. Cir.) (133 F.3d 53) (January 16, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists

U.S. v. Kennedy, No. 97-3009 (D.C. Cir.) (133 F.3d 53) (January 16, 1998) (Judge Judith W. Rogers) by In this case the Court held that the Hobbs Act prohibits interference with interstate commerce through either robbery or extortion, and because extortion does not necessarily involve violence, not all crimes under …

U.S. v. Leandre, No. 96-3166 (D.C. Cir.) (132 F.3d 796) (January 13, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists

U.S. v. Leandre, No. 96-3166 (D.C. Cir.) (132 F.3d 796) (January 13, 1998) (Judge Judith W. Rogers) by This case reviews the criteria for determining when a person's reduced mental capacity entitles him to a downward departure; and it rejects the use of a "but for" standard - I.e., but …

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, Senior Citizens Against Marketing Scams Act

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by This case described some of the purposes and limitations of the SCAMS Act as follows: "The foci of the vulnerable victim enhancement and the SCAMS Act differ on two key dimensions. The SCAMS …

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As …

U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam) by In this case, the defendant had been sentenced to two consecutive terms, one for a drug trafficking conviction and one for a §924(c) conviction. After the defendant successfully challenged his §924(c) conviction …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch) by Maybe they just felt sorry for the defendant. After all, he had been ripped off big-time by two big-time lawyers. Maybe they just felt that the Government had gone too far …

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Prison Conditions

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in …

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 …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder) by Here the Court held that the defendant was not entitled to habeas relief on a freestanding claim of actual innocence since that rquires an "extraordinarily high" threshhold of evidence. This is another …

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

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

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson) by This case is as much about the stubbornness of the independent and much-appealed Judge Fuste as it is about the principal legal issue raised: what constitutes being “in-custody” for purposes of border …

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin)

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

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

U.S. v. Moore-Bey, No. Crim. A. 95-00319 (D.D.C.) (981 F.Supp. 688) (October 6, 1997) (Judge Stanley Sporkin) by

Heisler v. Kralik, No. 94 CIV 2243 (DLC) (S.D.N.Y.) (981 F.Supp. 830) (October 29, 1997) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Civil Rights Violations

Heisler v. Kralik, No. 94 CIV 2243 (DLC) (S.D.N.Y.) (981 F.Supp. 830) (October 29, 1997) (Judge Denise Cote) by This case presents a current review of the bases upon which Federal prisoners can bring Bivens type actions. Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. …

U.S. v. Marshall, No. 96-3053 (D.C. Cir.) (132 F.3d 63) (January 6, 1998) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Material to the Preparation of the Defense

U.S. v. Marshall, No. 96-3053 (D.C. Cir.) (132 F.3d 63) (January 6, 1998) (Judge David B. Sentelle) by

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood) by The Court rejected the defendant's burden of proof argument by noting that "The Three Strikes law operates as a sentence enhancement device, in a manner very much like the persistent felony offender …

U.S. v. Maxwell, No. 97-1557 (7th Cir.) (131 F.3d 622) (December 4, 1997) (Judge Walter J. Cummings)

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

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

U.S. v. Maxwell, No. 97-1557 (7th Cir.) (131 F.3d 622) (December 4, 1997) (Judge Walter J. Cummings) by Court reversed district courts calculation of loss based only on bonuses paid to defendant rather than total loss incurred by employer.

U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson) by

U.S. v. Hinojosa-Lopez, No. 97-40183 (5th Cir.) (130 F.3d 691) (December 4, 1997) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Hinojosa-Lopez, No. 97-40183 (5th Cir.) (130 F.3d 691) (December 4, 1997) (Judge Carolyn Dineen King) by Here the Court joined most other Circuits in holding that a State felony conviction which would only be a misdemeanor under Federal law still constitutes an "aggravated felony" for purposes of USSG …

U.S. v. Moore, No. 96-5852 (6th Cir.) (131 F.3d 595) (December 11, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Moore, No. 96-5852 (6th Cir.) (131 F.3d 595) (December 11, 1997) (Judge Karen Nelson Moore) by Over the strong dissent of Judge Merritt, the Court held that it was improper for the district court to impose the dangerous weapon enhancement under § 2D1.1(b)(1) because the scope of the …

McCardle v. Haddad, No. 96-9133(L), No. 1613 (2nd Cir.) (131 F.3d 43) (November 21, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

McCardle v. Haddad, No. 96-9133(L), No. 1613 (2nd Cir.) (131 F.3d 43) (November 21, 1997) (Judge Amalya Lyle Kearse) by As the nation remains engulfed in its efforts to cut costs and reduce expenses wherever politically easy, we are beginning to see the effects of those efforts on the nation's …