Search | Punch and Jurists

U.S. v. S.A., No. 97-1155 (8th Cir.) (129 F.3d 995) (November 17, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Commitment

U.S. v. S.A., No. 97-1155 (8th Cir.) (129 F.3d 995) (November 17, 1997) (Judge Roger L. Wollman) by Case held that statute providing for civil commitment of offenders (18 USC § 4246) applied to juvenile offenders being held pursuant to the Juvenile Justice and Deliquency Prevention Act (18 USC §§ …

Inmates of Suffolk County v. Rouse, No. 97-1261 (1st Cir.) (129 F.3d 649) (November 7, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Inmates of Suffolk County v. Rouse, No. 97-1261 (1st Cir.) (129 F.3d 649) (November 7, 1997) (Judge Bruce M. Selya) by Court rejected separation of powers, due process and equal protection challenges to provisions of PLRA permitting prisons to seek relief from consent decrees granting "prospective relief".

U.S. v. Fleming, No. 96-5762 (6th Cir.) (128 F.3d 285) (October 17, 1997) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Fleming, No. 96-5762 (6th Cir.) (128 F.3d 285) (October 17, 1997) (Judge Gilbert S. Merritt) by Case held that "intended loss" is not an appropriate criterion in cases "in which the total intended loss bore no relation to 'economic reality' . . . because . . . the …

U.S. v. Jones, No. 96-1438L, No. 41 (2nd Cir.) (129 F.3d 718) (November 19, 1997) (Per Curiam)

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

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

U.S. v. Jones, No. 96-1438L, No. 41 (2nd Cir.) (129 F.3d 718) (November 19, 1997) (Per Curiam) by Case rejected claim that defendant's transfer from state to federal custody pursuant to writ ad testificandum triggered the Speedy Trial Act. The defendant was transferred from state custody to Federal custody pursuant …

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter) by Here the Government presented no direct evidence that the defendant cased any mailings - relying instead solely on circumstantial evidence. While the Court agreed that sometimes circumstantial evidence will suffice, nevertheless …

Frank v. U.S., No. 95-6019, No. 138 (2nd Cir.) (129 F.3d 273) (November 13, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Brady Handgun Violence Prevention Act

Frank v. U.S., No. 95-6019, No. 138 (2nd Cir.) (129 F.3d 273) (November 13, 1997) (Per Curiam) by Case held that provisons of Brady Handgun Law that require local officials to undertake background checks of potential handgun buyers violated the Tenth Amendment.

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 QUOTE OF THE WEEK - Blind eyes and deaf ears: the crack/cocaine controversy "I recognize that this court has rejected a variety of constitutional challenges to the 100:1 [crack/cocaine] ratio, but I …

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Instant Offense

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse) by In this case the Court affirmed the use of an obstruction of justice enhancement under USSG § 3C1.1for conduct in which the defendant attempted to obstruct justice on behalf of a co-conspirator, …

U.S. v. Wells, No. 93-3924 (8th Cir.) (127 F.3d 739) (October 14, 1997) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, More than Minimal Planning

U.S. v. Wells, No. 93-3924 (8th Cir.) (127 F.3d 739) (October 14, 1997) (Judge Michael J. Melloy) by The Court noted that "more than minimal planning 'is deemed present in any case involving repeated acts over a period of time, unless it is clear that each instance was purely opportune'." …

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 United States v. Meza, 127 F.3d 545 (7th Cir. 1997) United States v. Wong, 127 F.3d 725 (8th Cir. 1997) United States v. Blackwell, 127 F.3d 947 (10th Cir. 1997) One of …

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy) by Case held that because family circumstances are a discouraged factor, when familiy circimstances are used as the sole basis for a downward departure, they must be "extraordinary." (id., at 968-69). In this …

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

U.S. v. Slaughter, No. 97-1005 (8th Cir.) (128 F.3d 623) (October 16, 1997) (Judge James M. Rosenbaum)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Slaughter, No. 97-1005 (8th Cir.) (128 F.3d 623) (October 16, 1997) (Judge James M. Rosenbaum) by United States v. Torres, 128 F.3d 38 (2nd Cir. 1997) (Judge Calabresi) United States v. Slaughter, 128 F.3d 623 (8th Cir. 1997) (Judge Rosenbaum) Buried deep in two cases this week was …

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: Forfeiture, Punch And Jurists

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by Relying heavily on U.S. v. Various Computers and Computer Equipment, 82 F.3d 582 (3rd Cir. 1996), the Court denied the defendant's claim that the prior forfeiture violated the Fifth Amendment's prohibition against …

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker) by Here the Court upheld an enhancement upheld for being an organizer or leader of a criminal activity that was "otherwise extensive" even though Government did not argue that five …

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 Relying on earlier precedent, the Court affirmed its unique rule that a conspiracy terminates "when there is affirmative evidence of abandonment, disavowal or defeat of the object of the conspiracy" - a …

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 An absurd tax prosecution case is which a tax protested is prosecuted criminally for filing a return showing $7.5 billion in income and withholding in a single year.

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 QUOTE OF THE WEEK - Although one of the purposes of the Founding Fathers in writing the Double Jeopardy Clause into our Constitution was to protect against multiple and repeated punishment …

In Re Sealed Case, No. 97-3006 (D.C. Cir.) (129 F.3d 637) (November 21, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J November, 1998

Filed under: Punch And Jurists, Attorney/Client

In Re Sealed Case, No. 97-3006 (D.C. Cir.) (129 F.3d 637) (November 21, 1997) (Per Curiam) by Court refused to reconsider en banc previous decision reported at 124 F.3d 230 holding that attorney-client privilege does not survice the client's death.

U.S. v. Senn, No. 96-3373 (7th Cir.) (129 F.3d 886) (November 6, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Senn, No. 96-3373 (7th Cir.) (129 F.3d 886) (November 6, 1997) (Judge Terrence T. Evans) by The Seventh Circuit reversed a sentence enhancement for obstruction of justice based on the fact that the defendant had lied about certain aspects of his case, holding that the lies were not …