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, Nexus between crime and property

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya) by Here the Court rejected the claim that the Government's forfeiture was invalid because it had failed to produce any evidence that the defendant personally used the property in question to further his …

U.S. v. Ritter, No. 97-1182 (6th Cir.) (118 F.3d 502) (July 22, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Ritter, No. 97-1182 (6th Cir.) (118 F.3d 502) (July 22, 1997) (Judge Karen Nelson Moore) by Here the Court rejected a First Amendment challenge to a condition of supervised release that required the defendant to notify his present and future employers that he had been convicted to embezzlement.

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin) by Case rejected the use of hearsay statements against penal interest, holding that there must be indicia of trustworthiness of trhe specific essential assertions not merely the facts contained in the statement.

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore) by Here the Court held that a defense that sounds in inducement is limited to entrapment, and thus held that the defendant's claim that the Government's alleged "sidestepping" of the statute of limitations …

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris) by For a well-reasoned contrary view, see U.S. v. Saavedra, 148 F.3d 1311 (11th Cir. 1998). Here the Court held that in determining the offense guideline, a sentencing court may properly consider the …

U.S. v. Grossman, No. 96-10255 (5th Cir.) (117 F.3d 255) (July 8, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Grossman, No. 96-10255 (5th Cir.) (117 F.3d 255) (July 8, 1997) (Judge Robert M. Parker) by This is as rare as it gets in Federal criminal cases these days. Seven times the Fifth Circuit intoned that the Government had failed to present any evidence that the defendant had …

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 United States v. Fern, 117 F.3d 1298 (11th Cir. 1997) United States v. Lasky, 967 F.Supp. 749 (E.D.N.Y. 1997) Both of these cases deal with the sufficiency of indictments - a topic …

U.S. v. Jacobs, No. 96-1341 (2nd Cir.) (117 F.3d 82) (July 7, 1997) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Jacobs, No. 96-1341 (2nd Cir.) (117 F.3d 82) (July 7, 1997) (Judge Richard D. Cudahy) by As the Government increasingly seeks to attack defense counsel who represent defendants in drug cases, this case presents a timely analysis of the "crime-fraud exception" to the attorney-client privilege. The Court explained …

U.S. v. Walker, No. 97-1647 (7th Cir.) (118 F.3d 559) (July 17, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. Walker, No. 97-1647 (7th Cir.) (118 F.3d 559) (July 17, 1997) (Judge Joel L. Flaum) by Court affirmed a sua sponte resentencing of the defendant more than three months after deciding the merits of his collateral attack.

U.S. v. Webb, No. 94-0245 (D.D.C.) (966 F.Supp. 16) (May 30, 1997) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Webb, No. 94-0245 (D.D.C.) (966 F.Supp. 16) (May 30, 1997) (Judge Stanley Sporkin) by This decision contains another one of those frequent judicial bashings of the Guidelines that always seem to fall upon deaf ears. The defendant in this case was convicted of distribution of 50 grams or …

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Rogers, No. 95-5351 (6th Cir.) (118 F.3d 466) (July 2, 1997) (Judge Karen Nelson Moore) by "To prove unconstitutional pre-indictment delay, the defendant must first prove "substantial prejudice to his right to a fair trial." United States v. Brown, 959 F.2d 63, 66 (6th Cir. 1992). The government …

U.S. v. Richards, No. 96-3796 (8th Cir.) (118 F.3d 622) (July 21, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Rape Shield Rule

U.S. v. Richards, No. 96-3796 (8th Cir.) (118 F.3d 622) (July 21, 1997) (Judge Morris Sheppard Arnold) by The defendant in this case was accused of rape; and his principal defense was that the victim had had intercourse with several other people immediately prior to her altercation with the defendant; …

U.S. v. Killingsworth, No. 96-6021 (10th Cir.) (117 F.3d 1159) (June 30, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

U.S. v. Killingsworth, No. 96-6021 (10th Cir.) (117 F.3d 1159) (June 30, 1997) (Judge David M. Ebel) by Case rejected claims that the Government had failed to meet the necessity and minizimations requirements of its application for a wiretap order and its procedures after the wiretap was in place.

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris) by Case held that when a defendant attempts to excuse his conduct he is not entitled to an acceptance of responsibility sentence reduction even if the excuses are not a legal justification sufficient …

U.S. v. Noriega, No. 92-4687 (11th Cir.) (117 F.3d 1206) (July 7, 1997) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists

U.S. v. Noriega, No. 92-4687 (11th Cir.) (117 F.3d 1206) (July 7, 1997) (Judge Phyllis A. Kravitch) by Court cites Kerr v. Illinois, 119 U.S. 436 (1886) for the proposition that "the power of a court to try a person for a crime is not impaired by the fact that …

U.S. v. Noriega, No. 92-4687 (11th Cir.) (117 F.3d 1206) (July 7, 1997) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

U.S. v. Noriega, No. 92-4687 (11th Cir.) (117 F.3d 1206) (July 7, 1997) (Judge Phyllis A. Kravitch) by The Court observed that "Evidence regarding the bribing of a witness, although disturbing, clearly does not constitute impeachment material, and therefore Noriega cannot satisfy the [U.S. v. Garcia, 13 F.3d 1464 (11th …

U.S. v. Polk, No. 96-40836 (5th Cir.) (118 F.3d 286) (July 17, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Polk, No. 96-40836 (5th Cir.) (118 F.3d 286) (July 17, 1997) (Judge Carl E. Stewart) by Here the Court held that an enhancement under USSG § 3A1.2(a) (Official Victim) was properly applied to a crime of solicitation and attempt to blow up an IRS building, even though the …

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan) by This decision reflects minor modifications to a decision first reported in our issue dated April 21, 1997 (Vol. 4, No. 16); and it stems from one of those massive (217 count) …

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 A key holding in this case was that the courts, when considering a double jeopardy motion after a defendant has moved for a retrial, must focus primarily on the prosecution's intent to …

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, Supervisory Powers

U.S. v. Bryant, No. 95-3148 (D.C. Cir.) (117 F.3d 1464) (July 8, 1997) (Judge Karen LeCraft Henderson) by This is one of those bizarre cases that raises some troubling questions about the political realities of the courts' oft-invoked and much-vaunted supervisory powers. Here, two of the three judges acknowledged that …