Search | Punch and Jurists

U.S. v. Valenzeno, No. 95-4203 (6th Cir.) (123 F.3d 365) (August 13, 1997) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Valenzeno, No. 95-4203 (6th Cir.) (123 F.3d 365) (August 13, 1997) (Judge Harry W. Wellford) by Court rejected a broad array of constitutional challenges to the Hobbs Act.

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Threats

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter) by Enhancement permitted only if requisite intent occurs contemporaneously with or after the threat. The defendant in this case was convicted to making interstate threats in violation of 18 U.S.C. …

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam) by United States v. Farrish, 122 F.3d 146 (2nd Cir. 1997) (Judge Cabranes) United States v. Miles, 122 F.3d 235 (5th Cir. 1997) (Per Curiam) The debate over the scope and impact of the Supreme …

U.S. v. King, No. 96-50299 (9th Cir.) (122 F.3d 808) (August 13, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Threats

U.S. v. King, No. 96-50299 (9th Cir.) (122 F.3d 808) (August 13, 1997) (Judge A. Wallace Tashima) by The Court relied heavily on its earlier decision in U.S. v. Twine, 853 F.2d 676 (9th Cir. 1988) where the Court held that "showing of an intent to threaten, required by §§ …

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Miles, No. 95-10001 (5th Cir.) (122 F.3d 235) (September 5, 1997) (Per Curiam) by Case is noted for Judge DeMoss' "specially concurring" opinion in which he explains why he feels this holding in in conflict with U.S. v. Lopez.

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by Dissent of Judge Kozinski Not for Publication UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT * * * * * * * * * * * * * * * * …

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Robinson, No. 96-11165 (5th Cir.) (119 F.3d 1205) (August 8, 1997) (Judge Fortunato P. Benavides) by The Court held: "[I]n Hobbs Act prosecutions based on local activities that affect interstate commerce, the government need not prove that the effect of an individual defendant's conduct was substantial. It suffices …

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Threats

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella) by Case held that crime of transmitting threatening communications in interstate commerce in violation of 18 USC § 875(c) requires proof of general intent only so Government need not prove that defendant intended …

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Castleberry, No. 96-8596 (11th Cir.) (116 F.3d 1384) (June 23, 1997) (Judge Peter T. Fay) by Case held that where the defendant was charged with "fixing" drunk driving convictions, the court held that the Government need only establish that the charged extortion had a minimal effect on interstate …

U.S. v. Steele, No. 94-3139 (11th Cir.) (117 F.3d 1231) (July 24, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (117 F.3d 1231) (July 24, 1997) (Judge Stanley F. Jr. Birch) by Citing its earlier decision reported at 105 F.3d 603, the Court held than an indictment failing to allege behavior outside the scope of a pharmacist's professional practice cannot support a conviction …

U.S. v. Schneider, No. 96-1281 (1st Cir.) (111 F.3d 197) (April 17, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Schneider, No. 96-1281 (1st Cir.) (111 F.3d 197) (April 17, 1997) (Judge Michael Boudin) by This case is noted because of its detailed (albeit non-conclusive) analysis of the purpose and scope of the Insanity Defense Reform Act, 18 U.S.C. § 17 (the "IDRA"). In addition to redefining insanity …

U.S. v. Harrington, No. 96-3060 (D.C. Cir.) (108 F.3d 1460) (March 25, 1997) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Harrington, No. 96-3060 (D.C. Cir.) (108 F.3d 1460) (March 25, 1997) (Judge Patricia M. Wald) by Early one Sunday morning, a Roy Rogers restaurant in Washington, D.C. was robbed. The robber got some $30 and he fled using a get-away car driven by the defendant in this case. …

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Threats

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella) by Here the court rejected as untenable the "reasonable recipient standard" - I.e., whether an ordinary, reasonable recipient would interpret the statements as a threat - because in that case "a defendant may …

U.S. v. Bongiorno, No. 96-1052 (1st Cir.) (106 F.3d 1027) (February 7, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Federal Debt Collection Procedures Act (FDCPA)

U.S. v. Bongiorno, No. 96-1052 (1st Cir.) (106 F.3d 1027) (February 7, 1997) (Judge Bruce M. Selya) by Here the Court held that while restitution is expressly included among the debts that may be collected under the Federal Debt collection Act, it may not be used as a vehicle to …

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam) by The issue raised in this case was whether Congress had exceeded its powers under the Commerce Clause in enacting 18 U.S.C. § 922(o), which criminalizes even the wholly intrastate possession of a machinegun. The …

U.S. v. Steele, No. 94-3139 (11th Cir.) (105 F.3d 603) (February 11, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (105 F.3d 603) (February 11, 1997) (Judge Stanley F. Jr. Birch) by In this case a registered pharmacist was charged with dispensing controlled substances in violation of 21 U.S.C. § 841(a)(1). It was alleged that he filled numerous prescriptions for various controlled substances …

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Threats

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg) by Over the strong dissent of Judge Becker, the majority found that the defendant had made an "express threat of death" for purposes if § 2B3.1(b)(2)(F) by telling a bank teller "I have …

U.S. v. Rybar, No. 95-3185 (3rd Cir.) (103 F.3d 273) (December 30, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Rybar, No. 95-3185 (3rd Cir.) (103 F.3d 273) (December 30, 1996) (Judge Dolores K. Sloviter) by The defendant in this case, a federally licensed firearms dealer, entered a conditional guilty plea to the crimes of unlawful possession of a machine gun in violation of 18 U.S.C. § 922(o)(1) …

U.S. v. Myers, No. 95-20969 (5th Cir.) (104 F.3d 76) (January 14, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Threats

U.S. v. Myers, No. 95-20969 (5th Cir.) (104 F.3d 76) (January 14, 1997) (Judge Jerry E. Smith) by Here the Court strongly disagreed with the Ninth Circuit's view that § 875(c) is a specific intent statute, stating that the Ninth Circuit view "is something of an outlier within Ninth Circuit …

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder) by The rather technical sentencing issue raised in this case was whether the district court could impose a sentencing enhancement, under U.S.S.G. § 2K2.1(b)(4) for unconvicted conduct involving firearms that had obliterated serial …