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Testa v. U.S., No. 90 Civ. 6003 (S.D.N.Y.) (971 F.Supp. 833) (August 8, 1997) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Testa v. U.S., No. 90 Civ. 6003 (S.D.N.Y.) (971 F.Supp. 833) (August 8, 1997) (Judge Jed S. Rakoff) by

Testa v. U.S., No. 90 Civ. 6003 (S.D.N.Y.) (971 F.Supp. 833) (August 8, 1997) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

Testa v. U.S., No. 90 Civ. 6003 (S.D.N.Y.) (971 F.Supp. 833) (August 8, 1997) (Judge Jed S. Rakoff) by Testa v. United States, 971 F.Supp. 833 (S.D.N.Y. 1997) (Judge Rakoff) United States v. Warren, 971 F.Supp. 1288 (E.D.Ark. 1997) (Judge Howard) Two cases published the week of October 6, 1997 …

U.S. v. Warren, No. LR-CR-95-248 (E.D.Ark.) (971 F.Supp. 1288) (July 15, 1997) (Judge George Jr. Howard)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Warren, No. LR-CR-95-248 (E.D.Ark.) (971 F.Supp. 1288) (July 15, 1997) (Judge George Jr. Howard) by

U.S. v. Warren, No. LR-CR-95-248 (E.D.Ark.) (971 F.Supp. 1288) (July 15, 1997) (Judge George Jr. Howard)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Warren, No. LR-CR-95-248 (E.D.Ark.) (971 F.Supp. 1288) (July 15, 1997) (Judge George Jr. Howard) by Testa v. United States, 971 F.Supp. 833 (S.D.N.Y. 1997) (Judge Rakoff) United States v. Warren, 971 F.Supp. 1288 (E.D.Ark. 1997) (Judge Howard) Two cases published the week of October 6, 1997 show the …

U.S. v. Wilson, No. 96-4235 (4th Cir.) (118 F.3d 228) (July 2, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Wilson, No. 96-4235 (4th Cir.) (118 F.3d 228) (July 2, 1997) (Judge Francis D. Jr. Murnaghan) by In this case the Fourth Circuit reversed Judge Turk's decision to set aside a tax conviction under § 7212(a) on insufficiency of evidence grounds, holding, inter alia, that "The acts themselves …

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, Evidence - Newly Discovered

U.S. v. Bryant, No. 95-3148 (D.C. Cir.) (117 F.3d 1464) (July 8, 1997) (Judge Karen LeCraft Henderson) by Citing its earlier decision in U.S. v. Sensi, 879 F.3d 888, 901 (D.C.Cir. 1989), the Court noted that a new trial may be granted under Rule 33 "only when five conditions are …

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. 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. 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. 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. Montilla-Rivera, No. 96-1773 (1st Cir.) (115 F.3d 1060) (June 19, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Montilla-Rivera, No. 96-1773 (1st Cir.) (115 F.3d 1060) (June 19, 1997) (Judge Sandra L. Lynch) by Rule 33 of the Fed.R.Crim.P. authorizes a district court to grant a new trial "if required in the interests of justice", provided the defendant files such a motion within 7 days after …

U.S. v. Montilla-Rivera, No. 96-1773 (1st Cir.) (115 F.3d 1060) (June 19, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Montilla-Rivera, No. 96-1773 (1st Cir.) (115 F.3d 1060) (June 19, 1997) (Judge Sandra L. Lynch) by Case held that exculpatory affidavits from co-defendants who did not testify at trial because they exercised their Fifth Amendment rights were "newly discovered evidence" for purposes of Rule 33. Rule 33 of …

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel) by Joining nine other Circuits, the Court holds that claims of ineffective assustance of counsel may not be brought under the guise of Rule 33's "newly discovered evidence" prong.

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins) by Case held that the "newly discovered evidence" exception to bars on second and successive motions apply only to challenges to the underlying conviction and is not available to support claimed sentencing …

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings) by Court held that defendant's payment of co-conspirator's cash bond had an effect on interstate commerce and was a financial transaction within the meaning of the money laundering statute.

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer) by Here the Court vacated a "gun bump" enhancement under USSG § 2D1.1(b)(1) based on constructive possession, stating that it was "pure speculation" whether the defendant ever had possession or dominion over the …

U.S. v. Amlani, No. 94-50292 (9th Cir.) (111 F.3d 705) (April 16, 1997) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Amlani, No. 94-50292 (9th Cir.) (111 F.3d 705) (April 16, 1997) (Judge Charles E. Wiggins) by

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran) by This case is noted because it is one of those rare cases in which a judge ruled that the Government's factual allegations were insufficient to support …

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby) by Case is noted for its discussion of the Congressional history of the money laundering statute and its conclusion that Congress did not intend to create a statute punishing mere "money spending.".

U.S. v. Pelullo, No. 95-1829 (3rd Cir.) (105 F.3d 117) (January 9, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Pelullo, No. 95-1829 (3rd Cir.) (105 F.3d 117) (January 9, 1997) (Judge Timothy K. Lewis) by Case denied request for new trial based on alleged juror misconduct in failing to answer truthfully during voir dire.