Search | Punch and Jurists

U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Mann, No. 97-10045 (9th Cir.) (130 F.3d 1365) (December 15, 1997) (Judge Charles E. Wiggins) by The sole issue in this case was the proper interpretation of a provision in the Insanity Defense Reform Act (18 U.S.C. §§ 4241-47). The provision in question, § 4244(d), authorizes the court …

U.S. v. Dos Santos, No. CR-94-0581 (E.D.N.Y.) (979 F.Supp. 949) (October 31, 1997) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists

U.S. v. Dos Santos, No. CR-94-0581 (E.D.N.Y.) (979 F.Supp. 949) (October 31, 1997) (Judge I. Leo Glasser) by Court denied use of Writ of Error Coram Nobis to a prisoner who was still serving a prison term - holding that the use of such a Writ is inappropriate unless the …

U.S. v. Rivera, No. 96-2188 (1st Cir.) (131 F.3d 222) (December 2, 1997) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

U.S. v. Rivera, No. 96-2188 (1st Cir.) (131 F.3d 222) (December 2, 1997) (Judge Frank M. Coffin) by This case is noted because it involves an attempt by the Government to expand its realm of already broad criminal statutes. Here, it seized upon on a little-known statute, originally enacted in …

U.S. v. Ward, No. 96-5789 (3rd Cir.) (131 F.3d 335) (November 13, 1997) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Blood Samples/Tests

U.S. v. Ward, No. 96-5789 (3rd Cir.) (131 F.3d 335) (November 13, 1997) (Judge Max Rosenn) by Case approved taking of blood samples under Violence Against Women's Act to test for AID's virus.

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman)

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

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

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman) by Case held that when the defendant asserted a "mere presence" defense, he challanged both his knowledge and intent, thereby allowing admission of prior arrests and convictions offered to show intent and …

U.S. v. Dos Santos, No. CR-94-0581 (E.D.N.Y.) (979 F.Supp. 949) (October 31, 1997) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists

U.S. v. Dos Santos, No. CR-94-0581 (E.D.N.Y.) (979 F.Supp. 949) (October 31, 1997) (Judge I. Leo Glasser) by The defendant in this case was convicted, pursuant to a guilty plea, of conspiracy to conduct financial transactions in violation of 18 U.S.C. § 1956(g). He was sentenced on January 25, 1995; …

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel) by Case held that uncharged amounts of drugs in a drug conspiracy mat be attributed to a defendant as relevant conduct even if he never actually possessed or distributed the drugs.

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman) by This case is noted for the Court's holding on a restitution issue. The Government, after apparently determining that it could only prove a certain amount of losses, stipulated in the plea agreement …

U.S. v. Gollapudi, No. 97-5137 (3rd Cir.) (130 F.3d 66) (November 17, 1997) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists

U.S. v. Gollapudi, No. 97-5137 (3rd Cir.) (130 F.3d 66) (November 17, 1997) (Judge Jane R. Roth) by The issue in this case was whether a failure to "pay over" any taxes under 26 U.S.C. § 7202 constitutes a failure to "pay any tax, or make any return" within the …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith) by

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Right of Allocution

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith) by Court held that right of allocution applies only to original sentence and not to subsequent resentencing.

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam) by For a contrary position, see U.S. v. Mitchell, 122 F.3d 185 (3rd Cir. 1997) - which was overturned in Mitchell v. U.S., Docket No. 97-7541 (U.S. Supreme Court, 4/5/99). Defendant claimed that the district …

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Valenzuela-Escalante, No. 96-4147 (10th Cir.) (130 F.3d 944) (December 5, 1997) (Judge William J. Jr. Holloway) by United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King) United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway) It is hard to deny that alien …

U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock) by United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock) United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold) The impact of the Supreme Court's decision in Daubert …

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Gilchrist, No. 97-7224 (3rd Cir.) (130 F.3d 1131) (December 2, 1997) (Judge William M. Hoeveler) by Here the Court acknowledged that "Supervised release is punishment; it is the deprivation of some small portion of one's liberty imposed as a punitive measure for a bad act." (Id., at 1134).

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Right to be Present

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam) by Citing cases, the Court held that Confrontation Clause does not require presence of defendant at hearing on Motion for New Trial.

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam) by QUOTE OF THE WEEK - Forget the trial errors. Speedy convictions are what we need because "the quest for the perfect is the enemy of the good." "Perfection is elusive. Appellate courts long ago …

U.S. v. Simmons, No. 97-1763 (7th Cir.) (130 F.3d 1223) (November 19, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Simmons, No. 97-1763 (7th Cir.) (130 F.3d 1223) (November 19, 1997) (Judge Terrence T. Evans) by Court ruled the district court had authority to impose drug testing and counseling as a condition of supervised release.

Colston v. Barnhart, No. 96-40634 (5th Cir.) (130 F.3d 96) (November 19, 1997) (Judge W. Eugene Davis)

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

Filed under: Excessive Force, Punch And Jurists

Colston v. Barnhart, No. 96-40634 (5th Cir.) (130 F.3d 96) (November 19, 1997) (Judge W. Eugene Davis) by Case held that trooper's use of deadly force was objectively reasonable.