Search | Punch and Jurists

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam) by Case held that Guidelines' enhancement applies if the defendant knows that any portion of the funds he is responsible for laundering were the proceeds of illegal drug trafficking. At sentencing in this …

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. 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. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark) by This is another Guidelines case that raises an issue we haven't seen in a while - namely, whether a defendant is properly sentenced when the court uses the weight of the entire …

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (962 F.Supp. 370) (May 20, 1997) (Judge Jack B. Weinstein)

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

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

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (962 F.Supp. 370) (May 20, 1997) (Judge Jack B. Weinstein) by The long saga of Charles Shonubi's sentencing travails appears to be over. After four previous published decisions (which mainly evidenced an intense struggle between Judge Weinstein and the Second Circuit about how …

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam) by Case held that district court abused its discretion in denying motion for reduction of sentence for a crime involving wet marijuana where there were witnesses who could testify as to weight of dry marijuana. …

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry) by

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock) by The issue before the Court in this case was whether a combination of liquid by-products and methamphetamine constitute a "mixture or substance containing a detectable amount of methamphetamine" for purposes of sentencing …

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina) by Rejecting the Ninth Circuit's view in U.S. v. Kipp, 10 F.3d 1463, the 11th Circuit holds that drugs held for personal consumption are properly included as relevant conduct in determining the defendant's …

U.S. v. Veloza, No. 95-4407 (11th Cir.) (83 F.3d 380) (May 21, 1996) (Judge Rosemary Barkett)

Article • June 1, 1996 • from P&J June, 1996

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

U.S. v. Veloza, No. 95-4407 (11th Cir.) (83 F.3d 380) (May 21, 1996) (Judge Rosemary Barkett) by Court firmly held that "the fact that a courier plays an essential role in an importation scheme does not alone necessarily preclude him from receiving a reduction for a minor role." (Id., at …

U.S. v. Mindel, No. 94-50562 (9th Cir.) (80 F.3d 394) (April 5, 1996) (Judge Proctor Jr. Hug)

Article • May 1, 1996 • from P&J May, 1996

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

U.S. v. Mindel, No. 94-50562 (9th Cir.) (80 F.3d 394) (April 5, 1996) (Judge Proctor Jr. Hug) by This is an interesting restitution case in which the court ruled that a group of the defendant's victims had no standing to intercede and to object to the district court's decision to …

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse)

Article • May 1, 1996 • from P&J May, 1996

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

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse) by This is an important case in which the Court held that the record did not support the imposition of a requirement that the defendant notify third party clients of his …

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez)

Article • April 1, 1996 • from P&J April, 1996

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

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by Important case in which the Court held that the parolee had a due process right in preventing parole bureau from notifying his employer of his status. After the defendant in this …

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez)

Article • April 1, 1996 • from P&J April, 1996

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

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by Important case in which the Court held that the parolee had a due process right in preventing parole bureau from notifying his employer of his status.

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez)

Article • April 1, 1996 • from P&J April, 1996

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

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by After the defendant in this case was released from prison in early 1982, he began working for a mental health services organization. No condition of the court or his certificate of …

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey)

Article • March 1, 1996 • from P&J March, 1996

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

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey) by In this case [at headnotes 9-10], the court emphatically rejects the argument that a drug courier is necessarily entitled to a sentence reduction under § 3B1.2 for being a minor participant. It …

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis) by This is another one of those sick cases that exemplifies the Government's stubborn refusal to admit mistakes even though the mistake in question resulted in the imposition of a sentence that was …

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin) by Case held that possession of 5.72 grams of crack was sufficient to sustain a conviction of possession with intent to distribute - a conclusion supported in large part based on a …

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam) by The Second Circuit holds that the "safety valve" provisions of 18 U.S.C. § 3553(f) is limited to departures from the statutory mandatory minimum sentences, but does not authorize a downward departure from the sentence …

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by This case involves an oft-overlooked defense to claim that a defendant should be classified as a "career offender" under § 4B1 of the Guidelines. One of the provisions of that section says …