Search | Punch and Jurists

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Warrants

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian) by United States v. Turner, 119 F.3d 18 (D.C.Cir. 1997) (Judge Garland) United States v. Taylor, 119 F.3d 625 (8th Cir. 1997) (Judge McMillian) The principal topic of these two cases was two of …

U.S. v. Garzon, No. 96-1197 (10th Cir.) (119 F.3d 1446) (July 18, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Abandoned Property

U.S. v. Garzon, No. 96-1197 (10th Cir.) (119 F.3d 1446) (July 18, 1997) (Judge David M. Ebel) by In this case, the Court reversed a conviction on the grounds that the district court had erred when it concluded that the defendant had "abandoned" his backpack by leaving it on a …

Warner v. Orange County Dept. of Probation, No. 93 Civ. 1544 (GLG) (S.D.N.Y.) (968 F.Supp. 917) (June 27, 1997) (Judge Gerard L. Goettel)

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

Filed under: First Amendment, Punch And Jurists

Warner v. Orange County Dept. of Probation, No. 93 Civ. 1544 (GLG) (S.D.N.Y.) (968 F.Supp. 917) (June 27, 1997) (Judge Gerard L. Goettel) by The Court also held that the prevuious failure of the defendant to object to or appeal from the imposition of the special condition requiring him to …

U.S. v. Alton, No. 96-3251 (8th Cir.) (120 F.3d 114) (July 14, 1997) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists

U.S. v. Alton, No. 96-3251 (8th Cir.) (120 F.3d 114) (July 14, 1997) (Judge C. Arlen Beam) by Here the Court held that there was no violation of the defendant's double jeopardy rights by resentencing him, after a successful Bailey appeal, using the gun bump enhancement contained in USSG § …

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson) by

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by This is a significant decision about upward departures, which holds that encouraged departures may not be used to increase a sentence if the conduct is already taken into account by the …

U.S. v. McDonald, No. 96-1534 (1st Cir.) (121 F.3d 7) (August 20, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Core Concerns

U.S. v. McDonald, No. 96-1534 (1st Cir.) (121 F.3d 7) (August 20, 1997) (Judge Bruce M. Selya) by In the mystical world of plea agreements, the courts often pay lip service to the "core concerns" that provide the underpinning for Rule 11 of the Fed.R.Crim.P. Those core concerns are usually …

Doe v. I.N.S., No. 97-16093 (9th Cir.) (120 F.3d 200) (July 29, 1997) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Audita Querela

Doe v. I.N.S., No. 97-16093 (9th Cir.) (120 F.3d 200) (July 29, 1997) (Judge Diarmuid F. O'Scannlain) by Citing a number of other decisions, the Court observed that the 1946 Amendments to the Fed.R.Civ.P 60(b) expressly abolished several common law writs, including audita querela and coram nobis in civil proceedings; …

U.S. v. Fletcher, No. 96-20383 (5th Cir.) (121 F.3d 187) (August 25, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Fletcher, No. 96-20383 (5th Cir.) (121 F.3d 187) (August 25, 1997) (Judge John M. Jr. Duhé) by The defendant was charged in his indictment with bank robbery in violation of 18 U.S.C. § 2113(a); but when the court instructed the jury it also included elements of a § …

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald) by In this case, the Government sought summary judgment in a civil forfeiture brought against two vehicles owned by the claimant and alleged to have been involved in or purchased …

U.S. v. Mendoza, No. 96-50137 (9th Cir.) (121 F.3d 510) (August 6, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Mendoza, No. 96-50137 (9th Cir.) (121 F.3d 510) (August 6, 1997) (Judge Jr. William C. Canby) by Court held that a proper grounds for departure is the defendant's lack of control over, or knowledge of, the purity of the methamphetamine that he delivered; and the failure of the …

Reece v. U.S., No. 95-8988 (11th Cir.) (119 F.3d 1462) (August 8, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

Reece v. U.S., No. 95-8988 (11th Cir.) (119 F.3d 1462) (August 8, 1997) (Judge Gerald B. Tjoflat) by Here the Court affirmed the district court's conclusion that the drugs involved were D-type methamphetamine rather than the less penal L-type, and rejected the defendant's claim that counsel had been ineffective for …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by This is a rare case in which the Court reversed and vacated a sentence due to the failure of the district court to apply U.S.S.G. § 2X1.1 in a money laundering case …

Johnson v. Sawyer, No. 96-20667 (5th Cir.) (120 F.3d 1307) (August 21, 1997) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

Johnson v. Sawyer, No. 96-20667 (5th Cir.) (120 F.3d 1307) (August 21, 1997) (Judge Rhesa Hawkins Barksdale) by This case explored the availablity of damages, under 26 U.S.C. §7217(a), for the wrongful disclosure of tax return information - even if the information was previously disclosed in a prior criminal proceeding.

U.S. v. McDonald, No. 96-1534 (1st Cir.) (121 F.3d 7) (August 20, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Core Concerns

U.S. v. McDonald, No. 96-1534 (1st Cir.) (121 F.3d 7) (August 20, 1997) (Judge Bruce M. Selya) by

Burtch v. U.S. Dept. of the Treasury, No. 96-35066 (9th Cir.) (120 F.3d 1087) (August 15, 1997) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Civil Disabilities

Burtch v. U.S. Dept. of the Treasury, No. 96-35066 (9th Cir.) (120 F.3d 1087) (August 15, 1997) (Judge J. Clifford Wallace) by For a contrary view, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995) and Palma v. U.S., 48 F.Supp.2d 481 (E.D.Pa. 1999). Case held that failure of …

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by Here, the Government argued that evidence of prior sexual misconduct was relevant to show intent, in particular the intent element required by the statute - but the court held that "intent is …

U.S. v. Hardy, No. 96-3341 (7th Cir.) (120 F.3d 76) (July 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Hardy, No. 96-3341 (7th Cir.) (120 F.3d 76) (July 18, 1997) (Per Curiam) by Citing decisions from the Eighth and Tenth Circuits, the Court concluded that U.S. v. Lopez, 514 U.S. 549 (1995) had no effect on the validity of § 922(u) as a legitimate exercise of Conress' …

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton) by

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam) by Case held that Guidelines' enhancement applies if the defendant knows that any portion of the funds he is responsible for laundering were the proceeds of illegal drug trafficking. At sentencing in this …