Search | Punch and Jurists

U.S. v. Igbonwa, No. 96-1848 (3rd Cir.) (120 F.3d 437) (August 7, 1997) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Igbonwa, No. 96-1848 (3rd Cir.) (120 F.3d 437) (August 7, 1997) (Judge Max Rosenn) by

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple)

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

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

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple) by Case held that a jury is not required to be told that the defendant has been acquitted of prior criminal acts where evidence of such prior charges has been introduced to the …

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides) by The defendant in this case was convicted of various crimes, and one of the issues raised on appeal was whether the district court erred by imposing a two level "vulnerable victim" enhancement …

U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Warrants

U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland) 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 …

Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall)

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

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

Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall) by In this case, one of the crimes for which the defendant was convicted was that he had possessed a firearm during and in relation to a drug trafficking offense in violation of …

U.S. v. Barron-Cabrera, No. 96-2060 (10th Cir.) (119 F.3d 1454) (July 21, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Barron-Cabrera, No. 96-2060 (10th Cir.) (119 F.3d 1454) (July 21, 1997) (Judge David M. Ebel) by In this case the Court affirmed the validity of a border search, even though the Border Patrol officer's testimony was that he was able to ascertain that he had reasonable grounds for …

U.S. v. Ramos-Oseguera, No. 95-10386 (9th Cir.) (120 F.3d 1028) (July 30, 1997) (Judge Robert Boochever)

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

Filed under: Punch And Jurists

U.S. v. Ramos-Oseguera, No. 95-10386 (9th Cir.) (120 F.3d 1028) (July 30, 1997) (Judge Robert Boochever) by Case discussed and approved in principle the availability of downward departure based on the Battered Woman Syndrome. The defendant in this case argued for a downward departure based on youthful lack of guidance, …

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill) by Here the Court held that the failure of the district court to explicitly discuss the aiding and abetting theory of liability was unnecessary because such a theory is not an essential …

U.S. v. Mulderig, No. 95-30206 (5th Cir.) (120 F.3d 534) (August 15, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Mulderig, No. 95-30206 (5th Cir.) (120 F.3d 534) (August 15, 1997) (Judge Carl E. Stewart) by Court held that no hearing was required to determine whether defendant had suffered actual and substantial prejudice from the Government's nine-year pre-indictment delay.

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Johnson, No. 96-3337 (10th Cir.) (120 F.3d 1107) (August 6, 1997) (Judge Stephanie K. Seymour) by Here, the Court rejected a claim that a two-year delay in the defendant's indictment violated her due process rights. The Court held that: "Preindictment delay is not a violation of the Due …

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

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

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

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

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 This is an interesting case in which the Court vacated a conviction because it found that, at the time the defendant entered his plea, "he could not have understood its consequences." Knowing …

Doe v. Pataki, No. 96-6249, No. 1237 (2nd Cir.) (120 F.3d 1263) (August 22, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96-6249, No. 1237 (2nd Cir.) (120 F.3d 1263) (August 22, 1997) (Judge Jon O. Newman) by E.B. v. Verniero, 119 F.3d 1077 (3rd Cir. 1997) (Judge Stapleton) Doe v. Pataki, 120 F.3d 1263 (2nd Cir. 1997) (Judge Newman) Roe v. Office of Adult Probation, 125 F.3d …

Murphy v. Lynn, No. 96-2392, No. 848 (2nd Cir.) (118 F.3d 938) (July 8, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Travel Restrictions

Murphy v. Lynn, No. 96-2392, No. 848 (2nd Cir.) (118 F.3d 938) (July 8, 1997) (Judge Amalya Lyle Kearse) by This decision contains a detailed and interesting discussion about a citizen's constitutional right to travel. Here, a motorist brought a civil rights action (under 42 U.S.C. § 1983) against various …

U.S. v. Grover, No. 96-1329 (10th Cir.) (119 F.3d 850) (July 21, 1997) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists

U.S. v. Grover, No. 96-1329 (10th Cir.) (119 F.3d 850) (July 21, 1997) (Judge Paul J. Jr. Kelly) by

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood) by Here the Court agreed that the basic purpose of Rule 48(a) was "to check the common law power of prosecutors to enter a nolle prosequi before jeopardy attaches and then proceed to …

U.S. v. Collins, No. 96-30115 (9th Cir.) (118 F.3d 1394) (July 9, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Collins, No. 96-30115 (9th Cir.) (118 F.3d 1394) (July 9, 1997) (Judge Jr. William C. Canby) by Case held that application of new statute authorizing reimposition of supervised release following termination of earlier term violated the Ex Post Facto Clause. For contrary views see U.S. v. Page, 131 …

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 The prosecutor in this case was really cute. With brazenly insincere coquettishness, he kept reminding the jury of the very things that it should not consider when it retired to reach a …

U.S. v. Lanier, No. 93-5608 (6th Cir.) (120 F.3d 640) (August 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Lanier, No. 93-5608 (6th Cir.) (120 F.3d 640) (August 14, 1997) (Per Curiam) by In January of 1996, an en banc Sixth Circuit reversed the civil rights conviction of a State Judge who had been charged, under 18 U.S.C. § 242, with various acts of sexual misconduct while …

U.S. v. Drapeau, No. 96-3374 (8th Cir.) (121 F.3d 344) (July 28, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Drapeau, No. 96-3374 (8th Cir.) (121 F.3d 344) (July 28, 1997) (Judge Frank J. Magill) by Court reversed sentence enhancement based on U.S.S.G. § 3A1.2(a) because the firebomb that the defendant caused to be thrown at a police car - not a policeman - so the policeman was …