Search | Punch and Jurists

U.S. v. Hernandez, No. 95-50181 (9th Cir.) (109 F.3d 1450) (March 31, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Hernandez, No. 95-50181 (9th Cir.) (109 F.3d 1450) (March 31, 1997) (Per Curiam) by Court held that district court abused Its discretion in rejecting defendant's offer to stipulate to prior felony conviction.

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry) by While this case is noted primarily to show the impact of the Supreme Court’s recent decision in Old Chief v. U.S., 136 L.Ed.2d 574 (1997), it is also noted to show an …

U.S. v. Blake, No. 96-2933 (8th Cir.) (107 F.3d 651) (February 26, 1997) (Judge Donald D. Alsop)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Blake, No. 96-2933 (8th Cir.) (107 F.3d 651) (February 26, 1997) (Judge Donald D. Alsop) by This is one of the first cases to discuss the Supreme Court's decision in Old Chief v. U.S., 136 F.3d 574, where it ruled that it was an abuse of discretion for …

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry) by United States v. Blake, 107 F.3d 651 (8th Cir. 1997) (Judge Alsop) United States v. Wilson, 107 F.3d 774 (10th Cir. 1997) (Judge Henry) These are two of the first reported cases …

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum) by The defendant in this case pled guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h); and the plea agreement specified that the object of the conspiracy was …

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay) by Here the Court held that " the sentence imposed after Iversen violated her probation--six months imprisonment plus three years supervised release--was within the range of sentences available at the time of initial …

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace) by Here the Court rejected the defendant's argument that the 1994 amendments to 18 USC §§ 3553 and 3565 rendered mandatory the suggested prison sentences contained in Chapter Seven of the Guidelines.

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (87 F.3d 1405) (July 9, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (87 F.3d 1405) (July 9, 1996) (Judge David S. Tatel) by This is an important (albeit fairly technical) decision that explores the enormously complex and convoluted intricacies of Rule 404(b) of the Fed.R.Evid. which attempts to define when "prior bad acts" evidence can …

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig) by Case held that because a sentence imposed upon revocation of a term of supervised release is an authorized part of the original sentence, punishment for the later offense is not barred by …

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby) by Some six months after the defendant was released from prison on a prior charge, he was arrested on a new charge to which he pled guilty. The Government and the defendant stipulated that …

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, Definitions

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by Case ordered a remand to determine whether the defendant was properly claissified as a career offender, based on his argument that mere possession did not constitute a "controlled substance offense". This case …

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson)

Article • December 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson) by At his original sentencing for cocaine distribution, the trial court departed downward due to the defendant's medical condition and imposed a three-year term of probation. Later, after the defendant failed a urinalysis …

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin)

Article • October 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin) by Here the defendant was sentenced to a consecutive term of imprisonment under § 5G1.3(a) and was given a two point increase in his criminal history points for committing the present Federal offense while …

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones) by This technical but important case gives new meaning to the concept of "total punishment" under Guideline §5G1.2(b). That Section provides that, in multiple count cases, "the sentence imposed on each other count …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by Joining a number of other Circuits (listed at p. 1286), this case held that § 3583 authorizes the revocation of supervised release even where the resulting incarceration, when combined with the …

U.S. v. Domino, No. 94-10933 (5th Cir.) (62 F.3d 716) (August 22, 1995) (Judge Jacques L. Jr. Wiener)

Article • September 1, 1995

Filed under: Punch And Jurists, Stipulations

U.S. v. Domino, No. 94-10933 (5th Cir.) (62 F.3d 716) (August 22, 1995) (Judge Jacques L. Jr. Wiener) by Case held that any "stipulation" under § 1B1.2(a) must establish a factual basis for each element of the more serious offense before it can be used to increase a defendant's sentence. …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by While this is not a Guideline case per se, it does discuss revocation of supervised release and it holds that 18 U.S.C. § 3583 authorizes the revocation of supervised release "even …

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney) by The defendant was released from prison in 1990 and commenced serving a five year term of supervised release. In 1994 he traveled to New York without obtaining appropriate authorization from his probation …

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …