Search | Punch and Jurists

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 Quote from former Associate Director of DOJ's Asset Forfeiture Program describing the Alice-in-Wonderland attitude of the forfeiture laws. QUOTE OF THE WEEK - The forfeiture laws - legalized treasure hunts. …

U.S. v. Crochiere, No. 97-1555 (1st Cir.) (129 F.3d 233) (November 18, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Crochiere, No. 97-1555 (1st Cir.) (129 F.3d 233) (November 18, 1997) (Judge Sandra L. Lynch) by Proof of an overt act not required under Federal criminal civil rights statute; but case lists contrary holdings in other circuits. In case of first impression, court held that Government was not …

U.S. v. Embry, No. 97-1402 (7th Cir.) (128 F.3d 584) (October 22, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Reimbursement of Costs

U.S. v. Embry, No. 97-1402 (7th Cir.) (128 F.3d 584) (October 22, 1997) (Judge Terrence T. Evans) by Here the Court held that the seizure of funds from a probationer and transfer of such funds, without a hearing, to the U.S. Treasury as reimbursement for legal fees was proper. United …

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson) by Case held that defendant's family circumstances - that he was sole support for two children who, in his absence would be cared for by an alleged drug abuser and his diabetic mother …

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 Court rejected the use of any downward departure base on the crack-cocaine sentencing disparity.

U.S. v. Word, No. 95-8288 (11th Cir.) (129 F.3d 1209) (November 21, 1997) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists

U.S. v. Word, No. 95-8288 (11th Cir.) (129 F.3d 1209) (November 21, 1997) (Judge James Larry Edmondson) by Case held that the defendant was denied her rights to a fair trial when the trial court denied her the opportunity to present lay testimony to show that she was coerced under …

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg) by The defendant in this case was convicted of one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4); and his Guideline sentencing range was 12 to 18 months. …

U.S. v. Cruz, No. 96-10159 (9th Cir.) (127 F.3d 791) (September 19, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists

U.S. v. Cruz, No. 96-10159 (9th Cir.) (127 F.3d 791) (September 19, 1997) (Judge A. Wallace Tashima) by United States v. Davis, 127 F.3d 68 (D.C. Cir. 1997) (Judge Garland) United States v. Cropp, 127 F.3d 354 (4th Cir. 1997) (Judge Earvin) Among the many cases this week that discussed …

U.S. v. O'Keefe, No. 96-31181 (5th Cir.) (128 F.3d 885) (November 11, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. O'Keefe, No. 96-31181 (5th Cir.) (128 F.3d 885) (November 11, 1997) (Judge Emilio M. Garza) by In this case, the Government brought a series of indictments against a group of defendants charged with participating in a fraud against a medical malpractice insurer. Those indictments listed different factual bases …

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by Court held that the defendant should get no credit or offset against his forfeiture order for the value of property previously forfeited. Relying heavily on U.S. v. Various Computers and Computer Equipment, …

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Torres, No. 96-1535, No. 1587 (2nd Cir.) (128 F.3d 38) (October 9, 1997) (Judge Guido Calabresi) by United States v. Torres, 128 F.3d 38 (2nd Cir. 1997) (Judge Calabresi) Torres dealt principally with the rules that apply to dismissal of jurors for bias; but it also discussed a …

U.S. v. Padilla-Pena, No. 97-1297 (8th Cir.) (129 F.3d 457) (November 6, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

U.S. v. Padilla-Pena, No. 97-1297 (8th Cir.) (129 F.3d 457) (November 6, 1997) (Judge John R. Gibson) by United States v. Wardlaw, 977 F.Supp. 1481 (N.D.Ga. 1997) (Judge Shoob) Both of these cases deal with various aspects of the Federal wire-tap laws. In Padilla-Pena the defendants claimed that the Government …

U.S. v. Avery, No. 95-5232 (6th Cir.) (128 F.3d 974) (November 3, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Avery, No. 95-5232 (6th Cir.) (128 F.3d 974) (November 3, 1997) (Judge Nathaniel R. Jones) by The defendant in this case, a Black, was targeted for a search at an airport by one of the thousands of drug interdicton squads that are rapidly becoming an integral part of …

U.S. v. Winchell, No. 96-1513 (10th Cir.) (129 F.3d 1093) (November 3, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Knowledge/Scienter

U.S. v. Winchell, No. 96-1513 (10th Cir.) (129 F.3d 1093) (November 3, 1997) (Judge Stephen H. Anderson) by As this tax protestor case shows, the established rule that the Government must prove specific intent as well as willfulness and materiality sometimes does not apply in cases dealing with the filing …

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lainez-Leiva, No. 97-1467, No. 1125 (2nd Cir.) (129 F.3d 89) (November 3, 1997) (Per Curiam) by On April 17, 1996, a Federal Grand Jury returned a one-count indictment against the defendant in this case, charging him with unlawful presence in the United States after a previous felony conviction …

Amrine v. Bowersox, No. 96-1892 (8th Cir.) (128 F.3d 1222) (November 3, 1997) (Judge Diana E. Murphy)

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

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

Amrine v. Bowersox, No. 96-1892 (8th Cir.) (128 F.3d 1222) (November 3, 1997) (Judge Diana E. Murphy) by In this fascinating prison case, the petitioner presented numerous pieces of evidence that prison officials had conspired to manufacture evidence that he had committed a murder while in prison. The lower court …

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin) by In reversing an upward departure based upon a combination of "more than minimal planning" and "scheme to defraud more than one victim", the Court stated that "it is the rare case that …

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter) by Here the Court refused to attribute to the defendant, for sentencing purposes, the amount of drugs that an undercover agent attempted to sell to him and for which he did not have sufficient …

U.S. v. Lopez-Iraeta, No. 96-35151 (11th Cir.) (129 F.3d 1206) (November 21, 1997) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Exculpatory No Doctrine

U.S. v. Lopez-Iraeta, No. 96-35151 (11th Cir.) (129 F.3d 1206) (November 21, 1997) (Judge Joseph Woodrow Hatchett) by Case held that "exculpatory no" doctrine does not apply to prosecutions for falsely claiming U.S. citizenship.

U.S. v. Castro, No. 97-1684 (1st Cir.) (129 F.3d 226) (November 18, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Castro, No. 97-1684 (1st Cir.) (129 F.3d 226) (November 18, 1997) (Judge Bruce M. Selya) by Case held that trial court did not abuse its discretion when it excluded the testimony of two prospective witnesses who had announced that they would invoke their Fifth Amendment rights.