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Franklin v. Henry, No. 96-16320 (9th Cir.) (122 F.3d 1270) (August 29, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

Franklin v. Henry, No. 96-16320 (9th Cir.) (122 F.3d 1270) (August 29, 1997) (Judge John T. Jr. Noonan) by Walters v. McCormick, 122 F.3d 1172 (9th Cir. 1997) (Judge Farris) Franklin v. Henry, 122 F.3d 1270 (9th Cir. 1997) (Judge Noonan) Both of these cases deal with child molestation crimes …

U.S. v. Gottesman, No. 96-1674, No. 1505 (2nd Cir.) (122 F.3d 150) (September 3, 1997) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists

U.S. v. Gottesman, No. 96-1674, No. 1505 (2nd Cir.) (122 F.3d 150) (September 3, 1997) (Judge Joseph M. McLaughlin) by This decision raises an important restitution issue that is often overlooked, in part because of the erroneous belief that objections about restitution should be deferred until the defendant is released …

U.S. v. Taylor, No. 96-3372 (8th Cir.) (122 F.3d 685) (September 9, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Taylor, No. 96-3372 (8th Cir.) (122 F.3d 685) (September 9, 1997) (Judge John R. Gibson) by

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey) by Case is noted for its listing of decisions affirming the validity of appeal waiver provisions. United States v. Rosa, 123 F.3d 94 (2nd Cir. 1997) (Judge Oakes) United States v. Wolley, 123 …

U.S. v. Handa, No. 96-16468 (9th Cir.) (122 F.3d 690) (August 4, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists

U.S. v. Handa, No. 96-16468 (9th Cir.) (122 F.3d 690) (August 4, 1997) (Judge John T. Jr. Noonan) by District court can modify original sentence following successful Bailey-type appeal.

Parretti v. U.S., No. 95-56586 (9th Cir.) (122 F.3d 758) (August 29, 1997) (Judge William A. Norris)

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

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

Parretti v. U.S., No. 95-56586 (9th Cir.) (122 F.3d 758) (August 29, 1997) (Judge William A. Norris) by

U.S. v. Oates, No. 97-10442 (5th Cir.) (122 F.3d 222) (September 4, 1997) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Completion of All Acts

U.S. v. Oates, No. 97-10442 (5th Cir.) (122 F.3d 222) (September 4, 1997) (Judge Will L. Garwood) by Court rejected use of U.S.S.G. § 2X1.1 because bank fraud was substantially complete at the time of defendant's arrest.

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt) by

U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever) by In this case the court noted the following: "Whether due process has been violated is decided under a balancing test and 'if mere negligent conduct by the prosecutors is asserted, then obviously the …

U.S. v. Navarro, No. CR S-94-390 LKK (E.D.Cal.) (972 F.Supp. 1296) (July 20, 1997) (Judge Lawrence K. Karlton)

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

Filed under: Prosecutors, Punch And Jurists

U.S. v. Navarro, No. CR S-94-390 LKK (E.D.Cal.) (972 F.Supp. 1296) (July 20, 1997) (Judge Lawrence K. Karlton) by In our issue dated June 9, 1997 (Vol. 4, No. 23), we first discussed this case in which Judge Karlton dismissed a conviction on the grounds that the appointment of a …

U.S. v. Rudberg, No. 96-30204 (9th Cir.) (122 F.3d 1199) (August 12, 1997) (Judge John W. Sedwick)

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

Filed under: Punch And Jurists

U.S. v. Rudberg, No. 96-30204 (9th Cir.) (122 F.3d 1199) (August 12, 1997) (Judge John W. Sedwick) by Whenever prosecutors use witnesses who have received or hope to receive reduced sentences for substantial assistance, they attempt to imply that the truthfulness of those witnesses has been established and verified beyond …

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl) by For years, the courts have delicately skirted the infamous practices of sentencing entrapment and its cousin, sentencing factor manipulation. Sentencing entrapment occurs "when the government causes a defendant initially predisposed to commit …

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl)

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

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

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl) by Here, the Court rejected the defense argument that the amount of loss should not include the alleged "losses" attributable to checks that were deposited with a Government shell corporation in a sting …

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl)

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

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

U.S. v. Rizzo, No. 96-2002 (1st Cir.) (121 F.3d 794) (August 11, 1997) (Judge Norman H. Stahl) by Citing U.S. v. Saldana, 109 F.3d 100 (1st Cir. 1997), the defendant argued that he should have received a downward departure based on the Government's delay in waiting till he had completed …

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis) by Case held that for purposes of mandatory minimum statute there is no difference between D- and L-types methamphetamine.

U.S. v. Dethlefs, No. 96-2071 (1st Cir.) (123 F.3d 39) (August 18, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Preservation of Judicial Resources

U.S. v. Dethlefs, No. 96-2071 (1st Cir.) (123 F.3d 39) (August 18, 1997) (Judge Bruce M. Selya) by Here the Court rejected a series of extraordinary departures based on acceptance of responsibility, primarily because the defendants agreed to plead guilty shortly before trial, saving the court an "immense load" of …

Norton v. Dimazana, No. 96-40912 (5th Cir.) (122 F.3d 286) (September 22, 1997) (Judge Emilio M. Garza)

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

Filed under: Filing Fees, Punch And Jurists

Norton v. Dimazana, No. 96-40912 (5th Cir.) (122 F.3d 286) (September 22, 1997) (Judge Emilio M. Garza) by Among the notable holdings in this case was a conclusion that "The fee provisions of the PLRA, in a sense, level the playing field between incarcerated I.f.p. litigants and other litigants in …

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Bass, No. 96-2325 (8th Cir.) (121 F.3d 1218) (August 11, 1997) (Judge Floyd R. Gibson) by Court vacated a special condition of supervised release requiring defendant, convicted of drug conspiracy, to refrain from use of alcohol due to lack of evidence that defendant was prone to abuse of …

U.S. v. Schlei, No. 95-3004 (11th Cir.) (122 F.3d 944) (September 18, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Schlei, No. 95-3004 (11th Cir.) (122 F.3d 944) (September 18, 1997) (Judge Arthur L. Alarcon) by Here the Court held that under Rule 33, a court may grant a motion for new trial on one of two grounds. First a court may grant a new trial "in the …

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Threats

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter) by Enhancement permitted only if requisite intent occurs contemporaneously with or after the threat. The defendant in this case was convicted to making interstate threats in violation of 18 U.S.C. …