Search | Punch and Jurists

U.S. v. Vance, No. 94-10245 (9th Cir.) (62 F.3d 1152) (August 7, 1995) (Judge Andrew J. Kleinfeld)

Article • September 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Vance, No. 94-10245 (9th Cir.) (62 F.3d 1152) (August 7, 1995) (Judge Andrew J. Kleinfeld) by Here the Court holds that "the district court cannot consider the defendant's refusal to discuss the offense with the probation officer as evidence weighing against acceptance of responsibility.". This case covers an …

U.S. v. Capers, No. 93-5625 (4th Cir.) (61 F.3d 1100) (August 10, 1995) (Judge M. Blane Michael)

Article • September 1, 1995

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Capers, No. 93-5625 (4th Cir.) (61 F.3d 1100) (August 10, 1995) (Judge M. Blane Michael) by Case held that the courts can give retroactive effect to a clarifying (as opposed to substantive) amendment regardless of whether it is listed in USSG § 1B1.10. This decision confirms [at headnote …

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé)

Article • August 1, 1995

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé) by In this case, the defendant asked the court to depart from the mandatory minimum sentence on the grounds that he had complied with the provisions of § 5C1.2 of the Guidelines …

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé)

Article • August 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé) by Case held that a probation officer is not "the Government" for purposes of the safety valve statute and that giving information to the probation officer did not satisfy the statute.

U.S. v. Jones, No. 94-1391 (7th Cir.) (52 F.3d 697) (April 17, 1995) (Judge Ilana Diamond Rovner)

Article • June 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Jones, No. 94-1391 (7th Cir.) (52 F.3d 697) (April 17, 1995) (Judge Ilana Diamond Rovner) by A case that shows some of the evils that are attendant to the interview with the Probation Officer who is preparing the Presentence Report. Here, the Probation Officer recommended that the defendant …

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner)

Article • May 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner) by This decision contains an important analysis of what is required of a defendant to qualify for the three point Guideline reduction under U.S.S.G. § 3E1.1 (Acceptance of Responsibility). The district court had …

U.S. v. Cabell, No. 94-236 (CRR) (D.D.C.) (890 F.Supp. 13) (June 16, 1995) (Judge Charles R. Richey)

Article • January 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Cabell, No. 94-236 (CRR) (D.D.C.) (890 F.Supp. 13) (June 16, 1995) (Judge Charles R. Richey) by This is a multi-issue Guideline case where Judge Richey holds, inter alia, that the defendant met the "safety valve" provisions of § 5C1.2 of the Guidelines. Here the Government argued that he …

U.S. v. Ekwunoh, No. CR 91-684 (JBW) (E.D.N.Y.) (888 F.Supp. 369) (December 9, 1994) (Judge Jack B. Weinstein)

Article • August 1, 1994

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ekwunoh, No. CR 91-684 (JBW) (E.D.N.Y.) (888 F.Supp. 369) (December 9, 1994) (Judge Jack B. Weinstein) by United States v. Ekwunoh, 888 F.Supp. 364 (E.D.N.Y. 1994) United States v. Ekwunoh, 888 F.Supp. 369 (E.D.N.Y. 1994) These two related decisions are updates of the long-running feud between Senior District …

U.S. v. Bryan, No. 87-3059 (9th Cir.) (868 F.2d 1032) (January 18, 1989) (Judge J. Clifford Wallace)

Article • January 1, 1994

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Bryan, No. 87-3059 (9th Cir.) (868 F.2d 1032) (January 18, 1989) (Judge J. Clifford Wallace) by Here the prosecution argued that under Rule 16(a)(1)(C), it is obligated to provide documents only if they are in the actual possession of the prosecution. According to the prosecution, "in the possession …

U.S. v. Upton, No. CR-90-0629 (E.D.N.Y.) (856 F.Supp. 727) (June 29, 1994) (Judge I. Leo Glasser)

Article • January 1, 1994

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Upton, No. CR-90-0629 (E.D.N.Y.) (856 F.Supp. 727) (June 29, 1994) (Judge I. Leo Glasser) by Here the Court held that the Government's disclosure obligations under Rule 16(a)(1)(C) extends to agencies that are involved in the same investigation - based on their level of involvement. "Rule 16 provides for …

U.S. v. Poindexter, No. Crim. No. 88-0080-01 (D.D.C.) (727 F.Supp. 1470) (September 11, 1989) (Judge Harold H. Greene)

Article • January 1, 1994

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Poindexter, No. Crim. No. 88-0080-01 (D.D.C.) (727 F.Supp. 1470) (September 11, 1989) (Judge Harold H. Greene) by The Court observed that "Rule 16(a)(1)(C), requires only the production of documents in the hands of the prosecutor, any investigative unit under the prosecutor's control, and any other federal agency allied …