Search | Punch and Jurists

U.S. v. Richardson, No. 95-3053 (7th Cir.) (130 F.3d 765) (November 14, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Richardson, No. 95-3053 (7th Cir.) (130 F.3d 765) (November 14, 1997) (Judge Terrence T. Evans) by Here the Court held that when a defendant is charged with a CCE crime in violation of 21 USC § 848, the district court does not have to agree which three particular …

U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay)

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

Filed under: Punch And Jurists, Warrants

U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay) by Court granted a motion to suppress because warrant lacked sufficient particularity.

U.S. v. Banks, No. 96-4822 (4th Cir.) (130 F.3d 621) (December 2, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Banks, No. 96-4822 (4th Cir.) (130 F.3d 621) (December 2, 1997) (Judge Frank J. Magill) by

U.S. v. Carter, No. 97-2122 (10th Cir.) (130 F.3d 1432) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Carter, No. 97-2122 (10th Cir.) (130 F.3d 1432) (December 16, 1997) (Judge Mary Beck Briscoe) by Case reversed possession conviction because the court failed to instruct the jury on proper venue.

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen) by Court stated that "Electrocution has never been found to be cruel and unusual punishment by any American court." (Id., at 337).

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by It is little wonder that RICO charges have become the Holy Grail of Federal criminal prosecutions. The RICO laws are so complex, so confusing and so multi-faceted that they can cover just about anything. …

U.S. v. Saacks, No. 97-30246 (5th Cir.) (131 F.3d 540) (December 16, 1997) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Saacks, No. 97-30246 (5th Cir.) (131 F.3d 540) (December 16, 1997) (Judge Jacques L. Jr. Wiener) by Court held that bankruptcy fraud is in itself a violation of a judicial or administrative order or process which properly warrants the use of the sentence enhancement contained in § 2F1.1(b)(4)(B) …

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by The district court held, and the Court of Appeals ageed, that the striking of of six out of seven black venirepersons constituted a prima facie case of discrimination; but that case was …

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson) by In this case the Court examined, and rejected, a series of arguments made by a defendant who sought a downward sentencing departure based on his severe drug dependence. Although U.S.S.G. § …

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Closure of Courtroom

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman) by This disturbing en banc decision consolidates and re-addresses appeals in three separate, previous decisions - namely, Ayala v. Speckard, 89 F.3d 91 (2nd Cir. 1996) ("Ayala I"); Okonkwo v. Lacy, …

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold) by United States v. Catton, 130 F.3d 805 (7th Cir. 1997) (Judge Posner) United States v. Turner, 130 F.3d 815 (8th Cir. 1997) (Judge Arnold) Both of these cases deal with slightly different …

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold) by Here the Court rejected a double jeopardy challenge by using the broad "same elements test" enunciated in U.S. v. Dixon, 509 U.S. 688, even though it was painfully obvious that the Government's …

U.S. v. Santiago-Becerril, No. 96-1937 (1st Cir.) (130 F.3d 11) (November 20, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists

U.S. v. Santiago-Becerril, No. 96-1937 (1st Cir.) (130 F.3d 11) (November 20, 1997) (Judge Levin H. Campbell) by Judicial intimidation? Pshaw! That just doesn't happen in America. But here's a case that may test your beliefs. It's a case that dealt primarily with the many ways in which the Speedy …

U.S. v. David, No. 95-1522 (2nd Cir.) (131 F.3d 55) (November 25, 1997) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. David, No. 95-1522 (2nd Cir.) (131 F.3d 55) (November 25, 1997) (Judge Fred I. Parker) by Case held that a five year delay in prosecution of civil forfeiture did not violate defendant's due process rights.

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. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya) by Court held that special skill enhancment does not require either formal training or professional stature; and that enhancement does not hinge on the complexity of the task to be performed.

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe) by This case is noted for its discussion of the "same elements test" and its statement that "the assumption underlying the Blockburger rule is that Congress ordinarily does not intend to punish the …

U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay)

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

Filed under: Punch And Jurists, Warrants

U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay) by This is one of those rare cases in which a court granted a motion to suppress all the fruits of a search because the warrant that failed to meet the particularity …

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists

U.S. v. Turner, No. 97-1882 (8th Cir.) (130 F.3d 815) (December 5, 1997) (Judge Morris Sheppard Arnold) by United States v. Catton, 130 F.3d 805 (7th Cir. 1997) (Judge Posner) United States v. Turner, 130 F.3d 815 (8th Cir. 1997) (Judge Arnold) Both of these cases deal with slightly different …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …