Search | Punch and Jurists

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya) by Although there have not been many recent reported cases dealing with the forfeiture laws, forfeitures have not been in repose; and the Government is now seeking broad new powers to seize property …

U.S. v. Spurgeon, No. 96-1448 (2nd Cir.) (117 F.3d 641) (May 30, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Spurgeon, No. 96-1448 (2nd Cir.) (117 F.3d 641) (May 30, 1997) (Per Curiam) by This case noted that the First, Fourth, Sevent, Ninth and Tenth Circuits have already held that the "in connection with" language of § 2K2.1(b)(5) should be construed as equivalent to the "in relation to" …

U.S. v. Fern, No. 95-4099 (11th Cir.) (117 F.3d 1298) (July 24, 1997) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists

U.S. v. Fern, No. 95-4099 (11th Cir.) (117 F.3d 1298) (July 24, 1997) (Judge Joseph Woodrow Hatchett) by QUOTE OF THE WEEK - Indictments: Are they a sword or a shield? "The grand jury plays a unique role in the federal criminal process. But just what that role is is …

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart) by Court held that use of hearsay evidence as basis for revoking parole constituted a violation of his procedural due process and Sixth Amendment rights.

U.S. v. Bryant, No. 95-3148 (D.C. Cir.) (117 F.3d 1464) (July 8, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists

U.S. v. Bryant, No. 95-3148 (D.C. Cir.) (117 F.3d 1464) (July 8, 1997) (Judge Karen LeCraft Henderson) by QUOTE OF THE WEEK - The incredibly convenient monikers of justice. "We acknowledge that there are more verbal formulas for the scope of appellate review (plenary or de novo, clearly erroneous, abuse …

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza) by Among the many issues raised in this case, the court held that one defendant was unduly prejudiced by a joint trial with co-defendants who were the only witnesses who could verify his …

U.S. v. Carroll, No. WMN-96-0398 (D.Md.) (966 F.Supp. 392) (June 6, 1997) (Judge Herbert N. Maletz)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Carroll, No. WMN-96-0398 (D.Md.) (966 F.Supp. 392) (June 6, 1997) (Judge Herbert N. Maletz) by The issue in this case was whether the court could or should grant a downward departure pursuant to U.S.S.G. § 4A1.3 on the grounds that applying a "career offender status" to a defendant …

U.S. v. Murphy, No. 96-4628 (4th Cir.) (117 F.3d 137) (June 26, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Murphy, No. 96-4628 (4th Cir.) (117 F.3d 137) (June 26, 1997) (Judge J. Harvie III Wilkinson) by For similar rulings in other Circuits, see U.S. v. Crawford, 115 F.3d 1397 (8th Cir. 1997) and U.S. v. Muench, 153 F.3d 1298 (11th Cir. 1998). [Editor's Note: In 1992, Congress …

Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)

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

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

Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by QUOTE OF THE WEEK - "The methods we employ in the enforcement of our criminal laws have aptly been called the measures by which the quality of our civilization may be judged." …

In Re McBryde, No. 95-11082 (5th Cir.) (117 F.3d 208) (July 2, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Recusal, Punch And Jurists

In Re McBryde, No. 95-11082 (5th Cir.) (117 F.3d 208) (July 2, 1997) (Judge Patrick E. Higginbotham) by See also U.S. v. Bremers, 195 U.S. 221 (5th Cir. 1999). This is another case involving the reassignment of cases based on the pendency of charges against Judge McBryde of Texas, here …

U.S. v. Pankhurst, No. 96-20563 (5th Cir.) (118 F.3d 345) (July 18, 1997) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists

U.S. v. Pankhurst, No. 96-20563 (5th Cir.) (118 F.3d 345) (July 18, 1997) (Judge Rhesa Hawkins Barksdale) by In this case the Fifth Circuit joined four other Circuits in holding that, just as the defendant must receive advance notice of a upward departure, the Government is entitled to receive advance …

U.S. v. Delvalle, No. 95 CR 1120 (JBW) (E.D.N.Y.) (967 F.Supp. 781) (July 11, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Delvalle, No. 95 CR 1120 (JBW) (E.D.N.Y.) (967 F.Supp. 781) (July 11, 1997) (Judge Jack B. Weinstein) by Despite the fact that the Guidelines only mention "single acts of aberrant behavior"in an introductory comment that pertains only to probation and split sentences (see, U.S.S.G. Ch. 1, Pt. A, …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay) by Case held that where the defendant was charged with "fixing" drunk driving convictions, the court held that the Government need only establish that the charged extortion had a minimal effect on interstate …

U.S. v. Wright, No. 95-8397 (11th Cir.) (117 F.3d 1265) (July 24, 1997) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Wright, No. 95-8397 (11th Cir.) (117 F.3d 1265) (July 24, 1997) (Judge Phyllis A. Kravitch) by The defendant in this case was charged and convicted of possessing machine guns in violation of 18 U.S.C. § 922(o). The defendant was a member of a militia organization; and, initially, he …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam) by This case addressed downward departures under U.S.S.G. § 5K2.13 based on a defendant's "diminished capacity" in the context of the provision of § 5K2.13 that states that such departures are permissible "provided that the …

U.S. v. Gort-DiDonato, No. 1:95-CR-144 (W.D.Mich.) (967 F.Supp. 254) (June 19, 1997) (Judge Richard A. Enslen)

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

Filed under: Punch And Jurists

U.S. v. Gort-DiDonato, No. 1:95-CR-144 (W.D.Mich.) (967 F.Supp. 254) (June 19, 1997) (Judge Richard A. Enslen) by What does a judge do when he gets reversed? He gets angry! When Judge Enslen first sentenced the defendant in this case, he imposed a two level enhancement pursuant to the provisions of …

U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson) by In this case, the D.C. Circuit affirmed a two level sentence enhancement under § 3B1.3 for an employee who was convicted of interstate transportation of stolen property in connection with her scheme …

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett) by Case held that the withholding of tapes of a defense witness's conversations, which contained impeachment evidence favorable to the defense, with an IRS agent violated the Brady rule.