Search | Punch and Jurists

Glover v. Cain, No. 96-30638 (5th Cir.) (128 F.3d 900) (November 20, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

Glover v. Cain, No. 96-30638 (5th Cir.) (128 F.3d 900) (November 20, 1997) (Judge Jerry E. Smith) by Case noted that some Circuits have ruled that the failure to furnish a trial transcript may constitute "cause", while others have reached the opposite conclusion. State's long delay in providing transcripts to …

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 Court finds that bare check-kiting constitutes a Federal offense under 18 U.S.C. Sec. 1344(1).

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, Grouping

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by The district court in this case refused to group the defendant's mail fraud and money laundering convictions as closely related counts under U.S.S.G. § 3D1.2, instead applying § 3D1.4, which resulted in …

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith) by In this case the Government argued that defense counsel had been negligent in failing to subpoena the witness in question eariler, since a month before counsel requested the subpoena the Government had …

U.S. v. Mansolo, No. 96-50882 (5th Cir.) (129 F.3d 749) (November 18, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Mansolo, No. 96-50882 (5th Cir.) (129 F.3d 749) (November 18, 1997) (Judge Harold R. Jr. DeMoss) by This is one of those crazy double jeopardy cases that makes one wonder when the final demise of the Double Jeopardy Clause will be rung. Here, the defendant was charged with …

U.S. v. Smith, No. 96-9097 (11th Cir.) (127 F.3d 1388) (November 17, 1997) (Judge Joel F. Dubina)

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

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

U.S. v. Smith, No. 96-9097 (11th Cir.) (127 F.3d 1388) (November 17, 1997) (Judge Joel F. Dubina) by Case upheld sentencing enhancement for use of guns during drug offense (even though defendant argued that gun was not in his possession at time of drug crime) based on relevant conduct. This …

U.S. v. Cropp, No. 95-5908 (4th Cir.) (127 F.3d 354) (October 10, 1997) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists

U.S. v. Cropp, No. 95-5908 (4th Cir.) (127 F.3d 354) (October 10, 1997) (Judge Sam J. III Ervin) by Limits on discussing sentencing ranges for cooperating witnesses during cross examination are permissible to prevent jury from considering jury nullification.

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz) by In the parlance of the Government's alphabet language, this is one of those IYCMAVAGSSTDI* cases (*"If you can't make a valid arrest, get some sucker to do it.") Here, a "massive" armada …

U.S. v. Clark, No. 97-1132, No. 366 (2nd Cir.) (128 F.3d 122) (November 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Clark, No. 97-1132, No. 366 (2nd Cir.) (128 F.3d 122) (November 6, 1997) (Judge Jon O. Newman) by Court vacated a sentence because the district court relied only on the first paragraph of Sec. 5K2.11 and failed to consider wether the crime "may not threaten the harm sought …

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Garrett v. Hawk, No. 96-1429 (10th Cir.) (127 F.3d 1263) (October 28, 1997) (Judge David M. Ebel) by In McCarthy v. Madigan, 503 U.S. 140 (1992), the Supreme Court ruled that no exhaustion of administrative remedies was required for a Federal prisoner to bring a Bivens-type action (see, Bivens v. …

U.S. v. Bauer, No. 97-1779 (7th Cir.) (129 F.3d 962) (November 20, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Bauer, No. 97-1779 (7th Cir.) (129 F.3d 962) (November 20, 1997) (Judge Michael S. Kanne) by In this case, in response to an objection to a fine based on the district court's failure to make express findings regarding the defendant's financial situation and the other factors listed in …

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe) by Case contains detailed discussion of the hearsay exception known as the declarant unavailable exception and explores the 2nd Circuit's two-part test for determining "similar motive" under Rule 804(b)(1).

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith) by The facts in this outrageous witness intimidation case are complex but important. The defendant was first indicted on drug and money laundering charges on July 7, 1995 and his trial began on …

U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse) by United States v. Berndt, 127 F.3d 251 (2nd Cir. 1997) (Judge Kearse) United States v. Stein, 127 F.3d 777 (9th Cir. 1997) (Judge Goodwin) Another increasingly slippery rule is U.S.S.G. …

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe) by Case reviewed criteria for cross-examinantion of an unfriendly witness under Rule 608(b) of the Fed.R.Evid.

U.S. v. Rogers, No. 97-1111, No. 442 (2nd Cir.) (129 F.3d 76) (October 28, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Rogers, No. 97-1111, No. 442 (2nd Cir.) (129 F.3d 76) (October 28, 1997) (Per Curiam) by After defendant's motion for suppression of evidence was denied, she offered to enter a conditional guilty plea; and when the Government refused to accept that plea, she then agreed to a bench …

Wooten v. Dist. Of Columbia Metro. Police Dept., No. 97-7103 (D.C. Cir.) (129 F.3d 206) (November 18, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, In Forma Pauperis

Wooten v. Dist. Of Columbia Metro. Police Dept., No. 97-7103 (D.C. Cir.) (129 F.3d 206) (November 18, 1997) (Judge A. Raymond Randolph) by Court holds that purpose of new § 1915(a)(3) "is not simply to deter, but to preclude prisoners from taking appeals in forma pauperis when they attempt to …

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

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. Earnest, No. 97-1222 (7th Cir.) (129 F.3d 906) (November 14, 1997) (Judge Walter J. Cummings)

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

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

U.S. v. Earnest, No. 97-1222 (7th Cir.) (129 F.3d 906) (November 14, 1997) (Judge Walter J. Cummings) by Even though defendant earlier admitted that the drug for which he was convicted was crack, because he was denied an evidentiary hearing to determine whether it was crack for sentencing purposes, the …

Bilzerian v. U.S., No. 96-2920 (2nd Cir.) (127 F.3d 237) (September 30, 1997) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists

Bilzerian v. U.S., No. 96-2920 (2nd Cir.) (127 F.3d 237) (September 30, 1997) (Judge Joseph M. McLaughlin) by Here the Court held that the Supreme Court's ruling in U.S. v. Gaudin, 515 U.S. 506 (1995) that materiality under 18 USC § 1001 is a question for the jury, is a …