Search | Punch and Jurists

U.S. v. McDowell, No. 96-3734 (7th Cir.) (117 F.3d 974) (June 24, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. McDowell, No. 96-3734 (7th Cir.) (117 F.3d 974) (June 24, 1997) (Judge Joel L. Flaum) by Here the Court held that since only the Government may now file Rule 35(b) motions, an interpretation of that Rule which permits the Government to waive the time limits would render the …

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett) by

U.S. v. Holland, No. 96-3045 (D.C. Cir.) (117 F.3d 589) (July 8, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Holland, No. 96-3045 (D.C. Cir.) (117 F.3d 589) (July 8, 1997) (Judge A. Raymond Randolph) by

U.S. v. Steele, No. 94-3139 (11th Cir.) (117 F.3d 1231) (July 24, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (117 F.3d 1231) (July 24, 1997) (Judge Stanley F. Jr. Birch) by Citing its earlier decision reported at 105 F.3d 603, the Court held than an indictment failing to allege behavior outside the scope of a pharmacist's professional practice cannot support a conviction …

U.S. v. Cabrera, No. 96-3972 (8th Cir.) (116 F.3d 1243) (July 7, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cabrera, No. 96-3972 (8th Cir.) (116 F.3d 1243) (July 7, 1997) (Judge John R. Gibson) by Case affirmed the principle that a conspiracy conviction can be sustained even though all the evidence was circumstantial. The defendant in this case was convicted of a conspiracy to distribute methamphetamine in …

U.S. v. Studevent, No. 96-3095 (D.C. Cir.) (116 F.3d 1559) (July 8, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Studevent, No. 96-3095 (D.C. Cir.) (116 F.3d 1559) (July 8, 1997) (Judge Karen LeCraft Henderson) by United States v. Studevent, 116 F.3d 1559 (D.C. Cir. 1997) United States v. Barnes, 117 F.3d 328 (7th Cir. 1997) In fraud cases under the Guidelines, the length of a defendant's sentence …

U.S. v. Brown, No. 94-9387 (11th Cir.) (117 F.3d 471) (July 21, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Brown, No. 94-9387 (11th Cir.) (117 F.3d 471) (July 21, 1997) (Judge Edward E. Carnes) by In this money structuring case the court held that a guilty plea plea entered before the Supreme Court's decision in Ratzlaf v. U.S., 510 U.S. 135 (1994) was not knowingly and voluntarily …

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett) by

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

U.S. v. Webb, No. 94-0245 (D.D.C.) (966 F.Supp. 16) (May 30, 1997) (Judge Stanley Sporkin) by Here Judge Sporkin granted a substantial downward departure on the grounds that he had become addicted to drugs in his youth and because of sentencing entrapment. This decision contains another one of those frequent …

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

U.S. v. Wright, No. 95-8397 (11th Cir.) (117 F.3d 1265) (July 24, 1997) (Judge Phyllis A. Kravitch) by Here the Court rejected the defendant's claims that 18 U.S.C. § 922(o), which prohibite the possession or transfer of machine guns, violates the defendant's Second Amendment right to bear arms.

U.S. v. Garza, No. 95-21094 (5th Cir.) (118 F.3d 278) (July 16, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Garza, No. 95-21094 (5th Cir.) (118 F.3d 278) (July 16, 1997) (Judge Harold R. Jr. DeMoss) by It is becoming quite obvious that the Government is dedicated to expanding the elastic reach of the severe money laundering penalties to cover just about any crime. Far too few defendants …

U.S. v. White, No. 94-3063 (D.C. Cir.) (116 F.3d 903) (June 27, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. White, No. 94-3063 (D.C. Cir.) (116 F.3d 903) (June 27, 1997) (Per Curiam) by In this case, the district court had allowed defense counsel to cross-examine a police officer about a hearsay declarant's drug use, drug dealing, and prior convictions, but had not allowed defense counsel to impeach …

U.S. v. Granados, No. 96-2670 (8th Cir.) (117 F.3d 1089) (July 8, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Failure to Make Findings or Articulate Reasons

U.S. v. Granados, No. 96-2670 (8th Cir.) (117 F.3d 1089) (July 8, 1997) (Judge John R. Gibson) by Case held that the failure of the district court to make specific findings that explained contested issue of the quantity of drugs attributable to the defendant required vacation of the sentence and …

U.S. v. Rodriguez, No. 96-4095 (8th Cir.) (116 F.3d 1225) (June 25, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists

U.S. v. Rodriguez, No. 96-4095 (8th Cir.) (116 F.3d 1225) (June 25, 1997) (Judge Richard S. Arnold) by The defendant in this case raised an interesting claim: he argued that he was entitled to a new trial because his Fifth Amendment rights had been violated when the jury, during its …

U.S. v. Grajales-Montoya, No. 96-1788 (8th Cir.) (117 F.3d 356) (June 26, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Summaries

U.S. v. Grajales-Montoya, No. 96-1788 (8th Cir.) (117 F.3d 356) (June 26, 1997) (Judge Morris Sheppard Arnold) by The Court held that "the rule appears to contemplate . . . that a summary will be admitted instead of, not in addition to, the documents that it summarizes . . . …

U.S. v. Rodriguez, No. 96-4095 (8th Cir.) (116 F.3d 1225) (June 25, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Rodriguez, No. 96-4095 (8th Cir.) (116 F.3d 1225) (June 25, 1997) (Judge Richard S. Arnold) by The defendant in this case raised an interesting claim: he argued that he was entitled to a new trial because his Fifth Amendment rights had been violated when the jury, during its …

U.S. v. Boe, No. 96-31228 (5th Cir.) (117 F.3d 830) (July 11, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists

U.S. v. Boe, No. 96-31228 (5th Cir.) (117 F.3d 830) (July 11, 1997) (Judge John M. Jr. Duhé) by In this case the district court not only denied the defendant's motion for a reduction of his sentence based on Guideline Amendment 516, it justified that decision by noting that it …

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, Records - Business/Foreign/Public, etc.

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin) by Case held that hearsay statements are not admissible under Rule 803 merelt because they appear within public records.

U.S. v. Crawford, No. 96-2808 (8th Cir.) (115 F.3d 1397) (June 23, 1997) (Judge Theodore McMillian)

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

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

U.S. v. Crawford, No. 96-2808 (8th Cir.) (115 F.3d 1397) (June 23, 1997) (Judge Theodore McMillian) by Eighth Circuit upholds the constitutionality of the Child Recovery Support Act [now known as the Deadbeat Parents Punishment Act) and holds that venue was proper in the district where the child who is …

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz) by In this case, the defendant acknowledge both at Jenkins' criminal trial and at his own trial for perjury that he had lied to the grand jury. The Court stated that "simply admitting …