Search | Punch and Jurists

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, Polygraph Evidence/Testing

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. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court approved a § 3B1.3 enhancement on top of a § 3B1.2 enhancement, stating it was not "solely" because of his position as a physician. This Guideline specifically states …

U.S. v. Courtois, No. 96-5105 (10th Cir.) (131 F.3d 937) (December 11, 1997) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Courtois, No. 96-5105 (10th Cir.) (131 F.3d 937) (December 11, 1997) (Judge Carlos Lucero) by The holding in this case seems to be at odds with the holdings in two previous Tenth Circuit rulings, namely U.S. v. Lee, 989 F.2d 377, 380 (10th Cir. 1993) and U.S. v. …

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Here the Court explored the concept of indeterminite sentences within the meaning of U.S.S.G. §§ 4A1.2 and 2L1.2.

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

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, Obstruction of Justice

U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson) by Case held that attempts to conceal funds during criminal tax investigation supported an obstruction of justice enhancement.

Gabbert v. Conn, No. 95-56610 (9th Cir.) (131 F.3d 793) (December 8, 1997) (Judge Michael Daly Hawkins)

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

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

Gabbert v. Conn, No. 95-56610 (9th Cir.) (131 F.3d 793) (December 8, 1997) (Judge Michael Daly Hawkins) by The other side of the immunity issue is the topic of absolute immunity - which is reserved only for the really big cheeses - the judges and the prosecutors - because the …

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by

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, Polygraph Evidence/Testing

U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock) by Court held that probative value of polygraph evidence was outweighed by its prejudicial effect on the jury.

U.S. v. Ross, No. 96-3556 (11th Cir.) (131 F.3d 970) (December 19, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Ross, No. 96-3556 (11th Cir.) (131 F.3d 970) (December 19, 1997) (Judge Arthur L. Alarcon) by Case held that provisions of USSG § 1B1.2, which permit the court to determine which offenses the defendant conspired to commit if jury does not specify those offenses, does not violate the …

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by The Eight Circuit vacated a downward departure in this case granted in part on the basis that incarceration would place a terrible financial burden on the wife. It stated that "even if …

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by Based on the fact that the defendant in this case regularly attended both a sex offender therapy program and an intensive chemical dependency program while working full time, starting right after his …

U.S. v. Johnson, No. 96-30126 (9th Cir.) (130 F.3d 1352) (December 10, 1997) (Judge Eugene A. Wright)

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

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Johnson, No. 96-30126 (9th Cir.) (130 F.3d 1352) (December 10, 1997) (Judge Eugene A. Wright) by Court rejected a claim that the term "affected" in U.S.S.G. § 2F1.1(b)(6)(B) was unconstitutionally vague.

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Graham, No. 96-3056 (6th Cir.) (128 F.3d 372) (October 21, 1997) (Judge Damon J. Keith) by Convictions reversed on grounds that eight year hiatus between indictment and trial violated the Sixth Amendment's call for a speedy trial. Here the Court held that because "the prosecutor and the court …

U.S. v. Wardlaw, No. 1:97-CR-114MHS (N.D.Ga.) (977 F.Supp. 1481) (September 22, 1997) (Judge Marvin H. Shoob)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Authencity/Authentication

U.S. v. Wardlaw, No. 1:97-CR-114MHS (N.D.Ga.) (977 F.Supp. 1481) (September 22, 1997) (Judge Marvin H. Shoob) by United States v. Padilla-Pena, 129 F.3d 457 (8th Cir. 1997) (Judge Gibson) Both of these cases deal with various aspects of the Federal wire-tap laws. In Padilla-Pena the defendants claimed that the Government …

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy)

Article • December 1, 1997 • from P&J December, 1997

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

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy) by In September, 1996, Judge Longstaff issued an important decision, in Lyon v. Vande Krol, 940 F.Supp. 1433 (S.D.Iowa 1996), in which he ruled that part of the in forma pauperis statute contained …

U.S. v. Patterson, No. 97-2216 (8th Cir.) (128 F.3d 1259) (November 13, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Patterson, No. 97-2216 (8th Cir.) (128 F.3d 1259) (November 13, 1997) (Per Curiam) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d 63 (2nd Cir. 1997) …

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Sentencing, Punch And Jurists

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand) by Speaking of the iron will and steel fist of Judge Lechner, this case indirectly involves another one of his proverbial sentences. Here, one Richard Bertoli was charged with …

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay) by One of the issues raised in this case was whether the defendants could properly be convicted of a gun charge under 18 U.S.C. § 924(c), for "using" or "carrying" a weapon "during …

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold) by QUOTE OF THE WEEK - Sentences that can't be explained, justified or defended! "[T]he fundamental problem with the guidelines is not their attempt to guide judicial discretion or their severity, but their …