Search | Punch and Jurists

U.S. v. Perez, No. 94-10313 (9th Cir.) (116 F.3d 840) (June 20, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Perez, No. 94-10313 (9th Cir.) (116 F.3d 840) (June 20, 1997) (Judge A. Wallace Tashima) by Because this is an en banc decision, and because it is yet another attempt to make some sense out of the Supreme Court's plain error doctrine as enunciated in U.S. v. Olano, …

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson) by Here the Ninth Circuit agreed with the defendant's claim that he had not knowingly and voluntarily waived his right to a jury trial due to his limited understanding of English, a waiver form …

U.S. v. Saldana, No. 96-1371 (1st Cir.) (109 F.3d 100) (March 31, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Saldana, No. 96-1371 (1st Cir.) (109 F.3d 100) (March 31, 1997) (Judge Michael Boudin) by Can sentencing manipulation constitute a proper basis for a downward departure under § 5K2.0? In this case, the First Circuit implied that under certain circumstances such manipulation could be a proper basis for …

U.S. v. Mercedes, No. 90 CR 450 (RWS) (S.D.N.Y.) (1997 WL 458740) (August 12, 1997) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Mercedes, No. 90 CR 450 (RWS) (S.D.N.Y.) (1997 WL 458740) (August 12, 1997) (Judge Robert W. Sweet) by Here the court held that when a prisoner is released prior to expiration of his sentence through no fault and the authorities make no attempt over a lengthy period of …

U.S. v. Sposito, No. 95-1755 (1st Cir.) (106 F.3d 1042) (February 18, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Sposito, No. 95-1755 (1st Cir.) (106 F.3d 1042) (February 18, 1997) (Judge Juan R. Torruella) by The enigma of the perpetually malfunctioning Speedy Trial Clock! The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) (the "STA") states that if a defendant is not brought to trial within …

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Mendez, No. 95-20002 (5th Cir.) (102 F.3d 126) (December 10, 1996) (Judge Reynaldo G. Garza) by According to the Fifth Circuit, the defendant in this case was "from a small town in Columbia and had been in the United States for only eight days before his arrest [on …

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block) by Here's another case that shows the galling power of the prosecutors to determine sentences. The jury in this case found the defendant guilty on two of the counts charged, but …

Cross v. Cunningham, No. 95-2272 (1st Cir.) (87 F.3d 586) (June 27, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

Cross v. Cunningham, No. 95-2272 (1st Cir.) (87 F.3d 586) (June 27, 1996) (Judge Michael Boudin) by The petitioner in this case sought a writ of habeas corpus on the grounds that New Hampshire had violated the anti-shuttling provisions of the Interstate Agreement on Detainers Act. The lower court dismissed …

U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman) by The real issue involved in this World Trade Center bombing case was the highly technical question whether the Court had jurisdiction to hear an appeal after the defendants had first appealed their …

U.S. v. Mejia, No. 91-6108 (11th Cir.) (82 F.3d 1032) (May 14, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Mejia, No. 91-6108 (11th Cir.) (82 F.3d 1032) (May 14, 1996) (Judge James Larry Edmondson) by Here the Court held that, in a multi-defendant case, the grant of one defendant's motion to extend the time to file motions under the Speedy Trial Act tolls the STA as to …

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Although Rule 32(b)(6)(A) states that a defendant must receive his presentence report 35 days prior to the sentencing hearing (unless waived), this Court joins four other Circuits in holding that the defendant …