Search | Punch and Jurists

U.S. v. Byrd, No. 96-50733 (5th Cir.) (116 F.3d 770) (June 23, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists

U.S. v. Byrd, No. 96-50733 (5th Cir.) (116 F.3d 770) (June 23, 1997) (Judge John M. Jr. Duhé) by Case held that there was no plain error in determining that the defendant could be sentenced under an amendment to the statute that became effective after her probation was ordered.

U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood) by In this case, the defendant, president and largest shareholder of a small engineering and surveying firm, was convicted of tax evasion arising from his diversion of a substantial amount of money nominally …

U.S. v. Molina, No. 94 CR 576 (E.D.N.Y.) (963 F.Supp. 213) (April 30, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Molina, No. 94 CR 576 (E.D.N.Y.) (963 F.Supp. 213) (April 30, 1997) (Judge Jack B. Weinstein) by At the conclusion of this decision, Judge Weinstein rhetorically asks: "Under the blindfold, does justice weep?" His unstated answer is clear. She weeps with increasing anguish and rage! The defendant in …

U.S. v. Bailey, No. 95-50721 (5th Cir.) (115 F.3d 1222) (June 12, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Bailey, No. 95-50721 (5th Cir.) (115 F.3d 1222) (June 12, 1997) (Judge John M. Jr. Duhé) by United States v. Bailey, 115 F.3d 1222 (5th Cir. 1997) United States v. Crawford, 115 F.3d 1397 (8th Cir. 1997) Both of these cases address constitutional challenges to the Child Recovery …

U.S. v. Martin, No. 96-7373 (3rd Cir.) (116 F.3d 702) (June 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Martin, No. 96-7373 (3rd Cir.) (116 F.3d 702) (June 18, 1997) (Per Curiam) by Case is noted for Judge Sloviter's dissent in which he argues that in a § 2255 petition, the court has no authority to modify the original sentence after an appeal limited to the issues …

Lambert v. Blackwell, No. 96-6244 (E.D.Pa.) (962 F.Supp. 1521) (April 28, 1997) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists

Lambert v. Blackwell, No. 96-6244 (E.D.Pa.) (962 F.Supp. 1521) (April 28, 1997) (Judge Stewart Dalzell) by This is a frightening saga of how corrupt law enforcement officials and a prosecutor conspired to convict an innocent woman of murder; of how a State court judge - and ultimately the entire judicial …

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. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Thomas, No. 95-1337 (2nd Cir.) (116 F.3d 606) (May 20, 1997) (Judge Jose A. Cabranes) by QUOTE OF THE WEEK - Jury nullification - a different view. Although Judge Wiseman's decision in this case was subsequently vacated by an unpublished order of the Sixth Circuit, his words represent …

Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim)

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

Filed under: Excessive Force, Punch And Jurists

Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim) by Riley v. Dorton, 115 F.3d 1159 (4th Cir. 1997) (En Banc) (Judge Wilkinson) Estate of Davis by Ostenfeld v. Delo, 115 F.3d 1388 (8th Cir. 1997) (Judge Tunheim) …

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz) by This case represents an important reminder of how the Government seeks to use the crimes it charges as the basis for sentencing. The defendant, a prisoner at the Lorton Reformatory in Virginia, …

U.S. v. Clase-Espinal, No. 96-1881 (1st Cir.) (115 F.3d 1054) (June 19, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Clase-Espinal, No. 96-1881 (1st Cir.) (115 F.3d 1054) (June 19, 1997) (Judge Conrad K. Cyr) by This case is noted in part because it discussed at length an April 28, 1995 memorandum issued by Attorney-General Reno, entitled "Deportation of Criminal Aliens", which authorizes U.S. Attorneys to agree to …

Riley v. Dorton, No. 94-7120 (4th Cir.) (115 F.3d 1159) (June 16, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

Riley v. Dorton, No. 94-7120 (4th Cir.) (115 F.3d 1159) (June 16, 1997) (Judge J. Harvie III Wilkinson) by Case held that Fourth Amendment did not extend protection from excessive force to pretrial detainees.

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone) by Perhaps sparked by growing criticism that the formalities of sentencing hearings are a charade to mask the reality of "assembly line justice" (see, U.S. v. Barnes, 948 F.2d 325, 331 …

U.S. v. Wai-Keung, No. 94-4344 (11th Cir.) (115 F.3d 874) (June 20, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Wai-Keung, No. 94-4344 (11th Cir.) (115 F.3d 874) (June 20, 1997) (Per Curiam) by Here the Court held that the district court did not err in calculating the "intended loss" through thre use of fake credit cards, because the intended loss need not be "realistically possible". The Court …

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker) by In the annals of criminal law there is probably no feat more difficult than upsetting a conspiracy conviction - and yet that is precisely what happened in this case. The defendant, eager …

U.S. v. Morris, No. 96-3070 (D.C. Cir.) (116 F.3d 501) (June 13, 1997) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists

U.S. v. Morris, No. 96-3070 (D.C. Cir.) (116 F.3d 501) (June 13, 1997) (Judge Stephen F. Williams) by Here the Court adopted the "sentencing package" theory as the basis for its authority to amend the unchallenged portions of the original sentence following a Bailey-type appeal filed pursuant to a motion …

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins) by Case reversed a downward departure for extraordinary family circumstances, holding that 21 year old defendant who had remained with this newborn child, rather than abaondoning it, was not an event that …

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. Nieblas, No. 96-10324 (9th Cir.) (115 F.3d 703) (June 6, 1997) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Nieblas, No. 96-10324 (9th Cir.) (115 F.3d 703) (June 6, 1997) (Judge Ferdinand F. Fernandez) by Case held that a probationer who voluntarily appeared for questioning by probation officer and customs officials was not involved in a "custodial interrogation" that would trigger her Miranda rights.

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …