Search | Punch and Jurists

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

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer) by In approving the use of a sophisticated means enhancement under § 2T1.1(b)(2), the court agreed that "there is a certain amount of overlap among various factors as they relate to sophisticated means, …

Patrasso v. Nelson, No. 96-3962 (7th Cir.) (121 F.3d 297) (August 5, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Strickland Standard

Patrasso v. Nelson, No. 96-3962 (7th Cir.) (121 F.3d 297) (August 5, 1997) (Judge Daniel A. Manion) by In 1983, James Patrasso was convicted of two counts of attempted murder. He was sentenced to a term of 60 years in prison. Since then he appealed his conviction and sentence to …

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 In this case, the Court ruled that the defendant was not entitled to the return of his property despite the Government's failure to commence any forfeiture proceedings, since the defendant had …

U.S. v. Pierson, No. 95-30185 (9th Cir.) (121 F.3d 560) (August 21, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Pierson, No. 95-30185 (9th Cir.) (121 F.3d 560) (August 21, 1997) (Judge David R. Thompson) by In this case, the Court confirmed that in the Ninth Circuit a sentence reduction based on aberrant behavior does not require that the behavior be a single spontaneous or thoughtless act involving …

U.S. v. Van Someren, No. 96-3665 (8th Cir.) (118 F.3d 1214) (July 3, 1997) (Judge John F. Nangle)

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

Filed under: Punch And Jurists, Excludable Time

U.S. v. Van Someren, No. 96-3665 (8th Cir.) (118 F.3d 1214) (July 3, 1997) (Judge John F. Nangle) by Here the Court held that time spent of plea negotiations is excludable under the Speedy Trial Act as a "proceeding involving the defendant" under § 3161(h)(1).

Gilbert v. Moore, No. 96-12 (4th Cir.) (121 F.3d 144) (July 29, 1997) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists

Gilbert v. Moore, No. 96-12 (4th Cir.) (121 F.3d 144) (July 29, 1997) (Judge Donald S. Russell) by In this case a panel from the Fourth Circuit held that an implied malice jury instruction which improperly shifted the burden of proof as to malice from the prosecution to the defense …

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple) by The defendant in this case was charged with possession of crack cocaine with intent to distribute. Prior to the commencement of trial, his counsel moved to bar the admission of evidence relating …

U.S. v. Chatman, No. 96-3515 (8th Cir.) (119 F.3d 1335) (July 17, 1997) (Judge Paul A. Magnuson)

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

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

U.S. v. Chatman, No. 96-3515 (8th Cir.) (119 F.3d 1335) (July 17, 1997) (Judge Paul A. Magnuson) by In this case the Court held that a defendant who pled guilty to possession with intent to distribute cocaine was properly denied a "minor partricipant" sentence reduction, based in part on the …

U.S. v. Aerts, No. 96-3649 (7th Cir.) (121 F.3d 277) (July 28, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Aerts, No. 96-3649 (7th Cir.) (121 F.3d 277) (July 28, 1997) (Judge Joel L. Flaum) by Court held that voluntary admission of a role in a previous bank robbery did not qualify for a sentence departure under § 5K2.16, since that was a type of public crime not …

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Trigg, No. 96-1487 (7th Cir.) (119 F.3d 493) (July 8, 1997) (Judge Kenneth F. Ripple) by Here, the Court rejected a claim that the district court had improperly delegated too much discretion to the Probation Officerto set a schedule for the payment of restitution. The Court did acknowledge …

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, Appearance of Justice/Impartiality

Johnson v. Sawyer, No. 96-20667 (5th Cir.) (120 F.3d 1307) (August 21, 1997) (Judge Rhesa Hawkins Barksdale) by While the Court acknowledged that the power to reassign pending cases to different judges is an extraordinary one, it exercised that right due to flagrant and abusive interference by the district judge …

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

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple) by Case held that Bartkus exception to the dual sovereignty doctrine did not apply where there was significant cooperation between federal and state authorities - since it was not enough to make the …

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, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by In this child molestation case, the defendant argued that the district court had erred by admitting prior bad acts evidence that he had twice previously sexually assaulted girls under the age of …

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

Benson v. U.S., No. 96 C 7886 (N.D.Ill.) (969 F.Supp. 1129) (July 7, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Travel Restrictions

Benson v. U.S., No. 96 C 7886 (N.D.Ill.) (969 F.Supp. 1129) (July 7, 1997) (Judge James H. Alesia) 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 …

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima) by The Ninth Circuit has issued another strong entrapment decision in which it affirmed Judge Panner’s decision to grant a judgment of acquittal on the grounds that the defendant had been unlawfully entrapped …

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court denied the police a defense of qualified immunity after conducting a strip search on a female who was obviously being "punished" for driving a male friend that the police …

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Guideline Policy Statements/Commentary

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton) by

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Threats

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella) by Case held that crime of transmitting threatening communications in interstate commerce in violation of 18 USC § 875(c) requires proof of general intent only so Government need not prove that defendant intended …

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam) by Here the Court held that although the temporal remoteness of extrinsic evidence introduced to show intent weakens its probative value, the age of a prior conviction has never been held to be a per …