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U.S. v. Ayers, No. 95 CR 131 (N.D.Ill.) (971 F.Supp. 1197) (May 30, 1997) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Lack of Guidance as a Youth

U.S. v. Ayers, No. 95 CR 131 (N.D.Ill.) (971 F.Supp. 1197) (May 30, 1997) (Judge Ann Claire Williams) by In November of 1992, the Sentencing Commission added this new policy statement which holds that "lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not relevant …

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley) by In the May 19, 1997 issue of Punch and Jurists (Vol. 4, No. 20) we reported on a case, U.S. v. Jones, 957 F.Supp. 1088 (E.D.Ark. 1997), in which Judge Eisele held that …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one …

U.S. v. Gonzalez-Portillo, No. 96-3382 (7th Cir.) (121 F.3d 1122) (August 29, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Gonzalez-Portillo, No. 96-3382 (7th Cir.) (121 F.3d 1122) (August 29, 1997) (Judge Ilana Diamond Rovner) by The Court stated that: "Because all crimes covered by § 2L1.2 involve illegal presence in the United States by aliens, deportability was certainly accounted for in the guideline. [Thus], the district court …

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Thompson, No. 96-30394 (5th Cir.) (122 F.3d 304) (September 23, 1997) (Per Curiam) by Although the Court affirmed that a conviction under § 924(c) could be justified based on the Pinkerton doctrine of co-conspirator liability, it reversed the conviction here based on the factual record of this case. …

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery) by Guideline departures warranted when money laundering is charged in cases not involving drugs and organized crime enterprises. This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely …

In Re Hanserd, No. 96-8051 (6th Cir.) (123 F.3d 922) (August 25, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

In Re Hanserd, No. 96-8051 (6th Cir.) (123 F.3d 922) (August 25, 1997) (Judge Karen Nelson Moore) by In this case a Federal prisoner sought leave from the courts to file a second motion to vacate his sentence under 28 U.S.C. § 2255. Originally, he filed a motion to vacate …

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes) by A collection of thoughts of the validity of waivers of rights of appeal in plea agreements. QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in …

U.S. v. Salinas, No. 96-21034 (5th Cir.) (122 F.3d 5) (August 26, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Salinas, No. 96-21034 (5th Cir.) (122 F.3d 5) (August 26, 1997) (Per Curiam) by Court held that granting an acceptance of responsibilty reduction was not improper even though the defendant failed to accept responsibility for relevant conduct - because there was no evidence that the defendant falsely denied …

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

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 QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in plea agreements. Unquestionably, appeal waivers are fraught with peril and risk for the defendants. The Government's superior bargaining …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by This week, our Hard-Nosed Judge of the Week Award goes to Judge George W. Lindberg of the Northern District of Illinois. In sentencing the two defendants in this case for conspiring to …

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Summons/Complaint/Cross Complaint

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold) by No right to counsel upon filing of criminal complaint.

U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer)

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

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

U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer) by This important case was first reviewed by us in our June 16, 1997 issue (Vol. 4, No. 24). Presumably, after a Government request for a rehearing, the original decision which was reported …

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway) by Here the Court held that district courts do not have subject-matter jurisdiction to review the ATF's refusal to investigate or act upon applications for restoration of firearms privileges for convicted felons. …

U.S. v. Wofford, No. 96-10008 (9th Cir.) (122 F.3d 787) (August 21, 1997) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists

U.S. v. Wofford, No. 96-10008 (9th Cir.) (122 F.3d 787) (August 21, 1997) (Judge Diarmuid F. O'Scannlain) by United States v. Taylor, 122 F.3d 685 (8th Cir. 1997) (Judge Gibson) United States v. Wofford, 122 F.3d 787 (9th Cir. 1997) (Judge O’Scannlain) As growing hordes of ex-cons are released from …

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon) by This case belongs in that runaway best-seller entitled "Fifty Ways to Rig a Sentence." Rule 32(b)(6)(B) of the Fed.R.Crim.P. provides that a party may object to any "material information" contained in his …

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold) by Here the Court agreed that the district court had erred in permitting the introduction of certain impeachment evidence that resulted in undue prejudice and jury confusion, but neverthless held that the error …

U.S. v. Palma-Ruedas, No. 95-5554; 95-560 (3rd Cir.) (121 F.3d 841) (July 30, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists

U.S. v. Palma-Ruedas, No. 95-5554; 95-560 (3rd Cir.) (121 F.3d 841) (July 30, 1997) (Judge Timothy K. Lewis) by Quote from Justice Story abou the purposes of constitutional venue guarantee in Article III that the trial of all crimes shall be held in the State where such crimes have been …

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 …