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U.S. v. Snyder, No. 5:99-CR-528 (HGM/GJD) (N.D.N.Y.) (187 F.Supp.2d 52) (February 20, 2002) (Judge Howard G. Munson)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Snyder, No. 5:99-CR-528 (HGM/GJD) (N.D.N.Y.) (187 F.Supp.2d 52) (February 20, 2002) (Judge Howard G. Munson) by Defendant was sentenced to three years probation after pleading guilty to possession of an unregistered firearm in violation of 26 U.S.C.S. § 5861(d).The Government filed a petition for warrant of summons for …

U.S. v. Disney, No. 00-2195 (10th Cir.) (253 F.3d 1211) (June 19, 2001) (Judge Michael R. Murphy)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Disney, No. 00-2195 (10th Cir.) (253 F.3d 1211) (June 19, 2001) (Judge Michael R. Murphy) by

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell) by Although the Court ultimately held there was no reversible eror, it did hold that when a district court intends to rely on a document other than the PSI at sentencing, it must …

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin) by In holding that the district court's failure to comply with Rule 32(c)(3)(A) of the Fed.R.Crim.P. required a remand for a new sentencing, the Court rejected the Government's argument that the defendant …

U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Weapons

U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans) by Seemingly without pause, the Seventh Circuit continues its unremitting assault on the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000). The issue addressed in this case was whether …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by This decision addressed a number of interesting issues (including its holding that a defendant who goes to trial may still be eligible for a downward departure under U.S.S.G. § 5K2.0 based on …

U.S. v. Recio, No. 99-30135 (9th Cir.) (258 F.3d 1069) (September 27, 2000) (Judge James R. Browning)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Recio, No. 99-30135 (9th Cir.) (258 F.3d 1069) (September 27, 2000) (Judge James R. Browning) by The two defendants in this consolidated appeal, Francisco Jimenez Recio and Adrian Lopez-Meza, appealed their convictions of conspiracy to possess with intent to distribute a controlled substance. Jimenez Recio also appealed his …

U.S. v. Silkman, No. 99-4338 (8th Cir.) (220 F.3d 935) (August 30, 2000) (Judge James B. Loken)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Silkman, No. 99-4338 (8th Cir.) (220 F.3d 935) (August 30, 2000) (Judge James B. Loken) by Here, after the defendant was convicted of tax evaision following an earlier remand, the Court held that an unchallenged certificate of assessment is prima facie evidence of a deficiency when a taxpayer …

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Torres-Ramirez, No. 99-1791 (7th Cir.) (213 F.3d 978) (May 23, 2000) (Judge Frank H. Easterbrook) by This is an interesting drug conspiracy case which highlights an important distinction between a drug conspiracy and a buyer-seller relationship between drug dealers. In this case, Derrick Hardin, a long-time drug dealer …

U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Weapons

U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne) by Here the Seventh Circuit held that applying a sentence enhancement under USSG § 2K2.1(b)(5) for using a firearm in connection with another felony offense is impermissible double counting if both offenses consist …

U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Weapons

U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam) by Here the Court held that an assertion in the defendant's presentence report that he would have stolen all 87 guns on display in a store he attempted to rob was insufficient to justify a …

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Gibbs, No. 97-1374 (3rd Cir.) (190 F.3d 188) (August 26, 1999) (Judge Edward R. Becker) by The principal issue addressed in this case was the ever-expanding scope of conspiracy liability for a defendant whose sole involvement consisted of buying drugs from another member of the conspiracy. Sixteen defendants …

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore) by See the discussion of the prior decision reported at 174 F.3d 762. This decision, which amends in minor repects and replaces the prior decision, was issued in conjunction with the Court's denial …

U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Weapons

U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza) by The defendants in this case were the survivying members of the Branch Davidian sect who were charged with and convicted for, among other things, violating 18 U.S.C. § 924(c)(1) based on their …

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Gibbs, No. 96-3383 (6th Cir.) (174 F.3d 762) (April 16, 1999) (Judge Karen Nelson Moore) by Here the Court vacated the conspiracy convictions of six of the defendants on the grounds that the Government's proof merely showed that they sold crack in the same geographical area - not …

U.S. v. Calderon, No. 97-4202 (11th Cir.) (169 F.3d 718) (March 12, 1999) (Judge Susan H. Black)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Calderon, No. 97-4202 (11th Cir.) (169 F.3d 718) (March 12, 1999) (Judge Susan H. Black) by Here the Court held that: "To obtain a conviction on a substantive Section 1956(a)(1)(A)(i) promotion charge, the Government bears the burden of proving beyond a reasonable doubt that: (1) the defendant conducted …

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Mercer, No. 97-3224 (11th Cir.) (165 F.3d 1331) (January 25, 1999) (Per Curiam) by Here the Eleventh Circuit held that evidence of the defendant's buyer-seller relationship with an unnamed source was insufficient to establish the existence of a conspiracy. Citing U.S. v. Townsend, 924 F.2d 1385, 1394 (7th …

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Dekle, No. 97-9065 (11th Cir.) (165 F.3d 826) (January 21, 1999) (Judge Rosemary Barkett) by Here the Court concluded that the mere fact that the doctor/defendant wrote at least 129 medically unwarranted prescrptions in exchange for sexual favors was insufficient to support conviction for conspiracy to sell drugs. …

Gilbert v. U.S., No. 97-5040 (6th Cir.) (165 F.3d 470) (January 20, 1999) (Judge James G. Carr)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Posse Comitatus Act

Gilbert v. U.S., No. 97-5040 (6th Cir.) (165 F.3d 470) (January 20, 1999) (Judge James G. Carr) by Citing Perpich v. Dep't of Defense, 496 U.S. 334 (1990), the Court concluded that the Act does not apply to the National Guard unless they have been called into "federal service" - …

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (162 F.3d 1285) (January 7, 1999) (Judge Mary Beck Briscoe) by Reversing both the lower court decision and a panel's earlier affirmance of that decision, the en banc court held that the "in furtherance of" element of the offense charged is not limited …