Search | Punch and Jurists

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney) by This is an important case that deals with the fairly customary practice of putting the screws to cooperating witnesses after they have cooperated. Here, the defendant appealed her 20-year sentence for drug …

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by This forfeiture case shows ease by which the Government can seize cash under the so-called "probable cause standards" that prevail in the Alice-in-Wonderland world of the Federal drug forfeiture statutes. …

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne) 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 …

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich)

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

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

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich) by Case is cited for strong dissent by Judge Jones calling for re-analysis of unfair and racially discriminatory crack/cocaine sentencing scheme.

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (978 F.Supp. 364) (June 6, 1997) (Judge Mark L. Wolf)

Article • December 1, 1997 • from P&J September, 1999

Filed under: Punch And Jurists, Necessity

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (978 F.Supp. 364) (June 6, 1997) (Judge Mark L. Wolf) by In one of a series of explosive cases on Government misconduct arising out of wilfull failure to comply with the disclosure requirements of 18 USC § 2518, the Court warned that the Acting …

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple) by In this case, the defendant engaged in a scheme to defraud his employer, Dairyland Power Cooperative. The defendant's job was to sell the company's used equipment. He would obtain checks from purchasers …

U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld) by Case held that a defendant is not entitled to retroactive application of the safety valve provisions of the law when he is resentenced due to amendments to the drug weight equivalency tables.

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam) by Incarceration upon revocation of supervised release is proper even when the total incarceration, including the time served for the substantive offense, exceeds the maximum incarceration permissible under the substantive statute. United States v. Proctor, …

U.S. v. Barnette, No. 95-3591 (11th Cir.) (129 F.3d 1179) (November 20, 1997) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

U.S. v. Barnette, No. 95-3591 (11th Cir.) (129 F.3d 1179) (November 20, 1997) (Judge James Larry Edmondson) by Although thus case involved a civil contempt petition, it is noted for its extensive discussion of the history and purpose of the "fugitive disentitlement doctrine", which grants courts the discretion to dismiss …

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: Punch And Jurists, Factual Disputes/Findings

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. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones) by Case held that a person may not be denied the extra one point sentence reduction for "super acceptance" of responsibility on the grounds that he also qualified for an obstruction of justice …

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by This forfeiture case shows ease by which the Government can seize cash under the so-called "probable cause standards" that prevail in the Alice-in-Wonderland world of the Federal drug forfeiture statutes. …

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, Predisposition/Inducement

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 a contention by the defendant that the district court had erred by failing to grant him a judgment of acquittal based on entrapment. …

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes) 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 …

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson) by Here the Court affirmed the district court's decision that, following Bailey v. U.S., a defendant cannot withdraw just a portion of his plea agreement; he must withdraw the entire agreement because the …

U.S. v. Davis, No. 96-3024 (D.C. Cir.) (127 F.3d 68) (October 17, 1997) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 96-3024 (D.C. Cir.) (127 F.3d 68) (October 17, 1997) (Judge Merrick B. Garland) by Case approved limits on cross examination of police officer on grounds that information sought was only marginally relevant.

Miniken v. Walter, No. CS-96-407-JLQ (E.D.Wash.) (978 F.Supp. 1356) (August 26, 1997) (Judge Justin L. Quackenbush)

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

Filed under: Punch And Jurists, Prison Mail

Miniken v. Walter, No. CS-96-407-JLQ (E.D.Wash.) (978 F.Supp. 1356) (August 26, 1997) (Judge Justin L. Quackenbush) by Court held it improper and a violation of both the First and Fourteenth Amendments for a prison to concoct regulations designed to prohibit distribution of Prison Legal News to prisoners. Although the Government …

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam) by Case reversed an enhancement for possession of a gun, where the defendant objected to the Presentence Report, and the Government offered no other evidence to establish such possession. Here, the probation officer testified that …

U.S. v. Yoon, No. 96-2943 (7th Cir.) (128 F.3d 515) (October 15, 1997) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Check-Kiting/Bad Checks

U.S. v. Yoon, No. 96-2943 (7th Cir.) (128 F.3d 515) (October 15, 1997) (Judge William J. Bauer) by Case held that bare check-kiting constitutes a Federal crime under the bank fraud statutes. Bad cases make bad law - and this case is no exception. Responding to a claim that the …

U.S. v. Salemme, No. 94-10287 (D.Mass.) (978 F.Supp. 343) (May 22, 1997) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Salemme, No. 94-10287 (D.Mass.) (978 F.Supp. 343) (May 22, 1997) (Judge Mark L. Wolf) by Here the Court stated that: "In contrast to the requirements concerning probable cause and prior applications [for a wiretap order]. . . ., the government's statutory obligation to make 'a full and complete …