Search | Punch and Jurists

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 The defendant in this case argued for a downward departure based on youthful lack of guidance, imperfect duress, and battered woman syndrome as a form of diminished capacity. The district court held that …

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, Authority to bind other Government agencies

U.S. v. Igbonwa, No. 96-1848 (3rd Cir.) (120 F.3d 437) (August 7, 1997) (Judge Max Rosenn) by In this case, the defendant claimed that the Government breached his plea agreement by promising him that he would not be deported if he assisted in other drug trafficking investigations; and he moved …

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry)

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

Filed under: Forfeiture, Punch And Jurists

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry) by The defendant in this case argued that because her personal property had been forfeited in administrative proceedings, the district court should have granted her a downward departure in her sentence pursuant to …

U.S. v. Benbrook, No. 97-10308 (5th Cir.) (119 F.3d 338) (July 31, 1997) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists

U.S. v. Benbrook, No. 97-10308 (5th Cir.) (119 F.3d 338) (July 31, 1997) (Judge Jacques L. Jr. Wiener) by Citing its decision in U.S. v. Rodriquez, 114 F.3d 46 (5th Cir. 1997), the Court affirmed that 28 USC § 2255 vests the district court with the power to resentence a …

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam) by United States v. Morey, 120 F.3d 142 (8th Cir. 1997) (Per Curiam) Benson v. United States, 969 F.Supp. 1129 (N.D.Ill. 1997) (Judge Alesia) Both of these cases visit an issue that is destined to …

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by This is one of those sweeping, petulant decisions which deals with a topic that is becoming increasingly important - namely the conditions under which the growing hordes of ex-cons are required to live …

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, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by Case held that the IRS is not a proper "victim" under the restitution statutes for purposes of recovering the costs it incurs in a sting operation. One of the issues raised on …

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, Victims - Generally

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by In this case, the Government sought to have restitution paid to the Government for the costs that it incurred in a sting operation. The Court rejected that position, holding that the VWPA …

E.B. v. Verniero, No. 96-5132 (3rd Cir.) (119 F.3d 1077) (August 20, 1997) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Megan's Laws

E.B. v. Verniero, No. 96-5132 (3rd Cir.) (119 F.3d 1077) (August 20, 1997) (Judge Walter K. Stapleton) by Here the Court upheld the validity of New Jersey's Megan's Law in the face of a broad range of constitutional challenges; but see Judge Becker's dissent in which he likened those laws …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Admissions

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Klein Type Conspiracy

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer) by The defendant in this case was convicted of a conspiracy to defraud the IRS under 18 U.S.C. § 371, which is commonly referred to as a "Klein-type conspiracy". (See, U.S. v. Klein, …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Admissions

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Williams, No. 96-3099 (11th Cir.) (121 F.3d 615) (September 8, 1997) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 96-3099 (11th Cir.) (121 F.3d 615) (September 8, 1997) (Judge Floyd R. Gibson) by In this case the Court rejected Commerce Clause and Tenth Circuit challenges to the CSRA; but it also affirmed that to prove a violation of this statute the Government must prove that …

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer) by In this case, the Court affirmed an upward sentencing departure for sophisticated means, obstruction of justice and role in the offense, even though it acknowledged that the district court had mentioned some …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Hogan, No. 96-2894 (8th Cir.) (121 F.3d 370) (July 31, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Hogan, No. 96-2894 (8th Cir.) (121 F.3d 370) (July 31, 1997) (Judge David R. Hansen) by This case examines the differences between § 3A1.1 in the 1993 version of the Guidelines and in the 1995 version of the Guidelines. The Court noted that Appliation Note 1 in the …

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone) by One of the many issues addressed in this multi-defendant drug conspiracy case dealt with a claim by one of the defendants that he had neither the capacity nor the intent …

Summers v. Singletary, No. 95-2952 (11th Cir.) (119 F.3d 917) (August 15, 1997) (Judge Maurice B. Jr. Cohill)

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

Filed under: Recusal, Punch And Jurists

Summers v. Singletary, No. 95-2952 (11th Cir.) (119 F.3d 917) (August 15, 1997) (Judge Maurice B. Jr. Cohill) by Here the Court held that a motion to recuse a judge under 28 USC § 455(b) must be timely filed, despite the absence of any language in the statute specifying such …

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer) by The issue in this case was whether a statement given to police by a declarant who was offered leniency in exchange for cooperation qualifies under the hearsay exception for statements against penal …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by