Search | Punch and Jurists

U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case held that the Daubert standards do not apply to expert law enforcement testimony concerning a defendant's drug dealer profile. One of the issues raised in this case was whether the trial …

U.S. v. Briones-Mata, No. 96-3514 (8th Cir.) (116 F.3d 308) (May 12, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Briones-Mata, No. 96-3514 (8th Cir.) (116 F.3d 308) (May 12, 1997) (Per Curiam) by In this case the defendant argued that the district court erred in imposing a sixteen-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(2) (1995), contending that the term "aggravated felony" as used in that …

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 Case held that exculpatory affidavits from co-defendants who did not testify at trial because they exercised their Fifth Amendment rights were "newly discovered evidence" for purposes of Rule 33. Rule 33 of …

U.S. v. Miller, No. 95-1077(L), No. 343 (2nd Cir.) (116 F.3d 641) (June 20, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Miller, No. 95-1077(L), No. 343 (2nd Cir.) (116 F.3d 641) (June 20, 1997) (Judge Amalya Lyle Kearse) by The Government really hit the jackpot in this drug case. The aggregate sentences imposed on the nine defendants were 17 life sentences, plus 60 years, plus 3,529 months (which comes …

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins) by Case held that Supreme Court's decision in Bailey did not announce a new rule of constitutional law and thus may not form the basis for a second or successive petition under …

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel) by Joining nine other Circuits, the Court holds that claims of ineffective assustance of counsel may not be brought under the guise of Rule 33's "newly discovered evidence" prong.

U.S. v. Smith, No. 96-3415 (10th Cir.) (116 F.3d 857) (June 27, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Smith, No. 96-3415 (10th Cir.) (116 F.3d 857) (June 27, 1997) (Judge Deanell R. Tacha) by Here the Court held that "Precluding the district court from reconsidering the entire sentence after one count of conviction is vacated would be inconsistent with the purposes and structure of the U.S. …

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

In Re Vial, No. 96-614 (4th Cir.) (115 F.3d 1192) (June 16, 1997) (Judge William W. Jr. Wilkins) by Case held that the "newly discovered evidence" exception to bars on second and successive motions apply only to challenges to the underlying conviction and is not available to support claimed sentencing …

U.S. v. Sally, No. 96-1864 (3rd Cir.) (116 F.3d 76) (May 28, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Sally, No. 96-1864 (3rd Cir.) (116 F.3d 76) (May 28, 1997) (Judge Richard L. Nygaard) by Here the Court held that post-offense rehabilitation efforts, including post-conviction rehabilitation efforts, may constitute a sufficient basis for a downward sentence departure, provided the efforts are so exceptional as to remove the …

U.S. v. Van Brocklin, No. 96-2326 (8th Cir.) (115 F.3d 587) (June 6, 1997) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists

U.S. v. Van Brocklin, No. 96-2326 (8th Cir.) (115 F.3d 587) (June 6, 1997) (Judge C. Arlen Beam) by Court held that forfeiture order which required defendant, who reaped no benefit from crime, to pay same restitution as a co-defendant who reaped substantial benefits violated the Excess Fines Clause.

Doe v. U.S., No. Civ. 97-0106 B(POR) (S.D.Cal.) (964 F.Supp. 1429) (April 30, 1997) (Judge Rudi M. Brewster)

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

Filed under: Punch And Jurists, Expungement/Removal

Doe v. U.S., No. Civ. 97-0106 B(POR) (S.D.Cal.) (964 F.Supp. 1429) (April 30, 1997) (Judge Rudi M. Brewster) by Court granted motion to expunge a 27 year old conviction of a now-repealed marijuana tax statute. They never let go. In 1970, this John Doe, then a minor, was arrested and …

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Modus Operandi Evidence

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey) by Case held that evidence that defendant had robbed other banks several months earlier was admissible for the purposes of establishing "modus operandi.".

Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram)

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

Filed under: Punch And Jurists, Victims - Official

Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram) by Ah, the fickle standards of criminal justice! Not too long ago, the Second Circuit ruled, in United States v. Matthews, 106 F.3d 1092 (2nd Cir. 1997), that the defendant could …

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, Office of Professional Responsibility (OPR)

Lambert v. Blackwell, No. 96-6244 (E.D.Pa.) (962 F.Supp. 1521) (April 28, 1997) (Judge Stewart Dalzell) by Quote from David Burnham's book - Above the Law: Secret Deals, Political Fixes, and Other Misadventures of the U.S. Department of Justice - about the rank hypocrisy of the Office of Professional Responsibility. QUOTE …

U.S. v. Dennis, No. 96-1971 (7th Cir.) (115 F.3d 524) (June 11, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Dennis, No. 96-1971 (7th Cir.) (115 F.3d 524) (June 11, 1997) (Judge Harlington Jr. Wood) by United States v. Dennis, 115 F.3d 524 (7th Cir. 1997) (Judge Wood) United States v. Webb, 115 F.3d 711 (9th Cir. 1997) (Judge Trott) Both of these cases deal with the growing …

U.S. v. $49,576.00 U.S. Currency, No. 95-56170 (9th Cir.) (116 F.3d 425) (June 25, 1997) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $49,576.00 U.S. Currency, No. 95-56170 (9th Cir.) (116 F.3d 425) (June 25, 1997) (Judge Alex Kozinski) by Alerted by a suspicious American Airlines agent, DEA officials stopped a "very nervous" passenger getting off a plane in California, and seized $49,576 he was carrying in a locked bag. The …

U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides) by In a case of first impression the Court held that "prior felony conviction" included conviction committed after the defendant committed the instant offense, but before sentencing in the instant offense. In its …

U.S. v. Hernandez, No. 96-10539 (5th Cir.) (116 F.3d 725) (June 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Hernandez, No. 96-10539 (5th Cir.) (116 F.3d 725) (June 18, 1997) (Per Curiam) by Following a Bailey-type appeal pursuant to 28 U.S.C. 2255, district court has authority to increase the sentence on the unchallenged counts of conviction.

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes) by Case explored at length the history and purposes of Rule 804(b)(3) and held that there is no per se bar to admission of any and all statements against interest that implicate another.

U.S. v. Mixon, No. 96-6498 (11th Cir.) (115 F.3d 900) (June 20, 1997) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists

U.S. v. Mixon, No. 96-6498 (11th Cir.) (115 F.3d 900) (June 20, 1997) (Judge Paul H. Roney) by Here the Eleventh Circuit affirmed a revised sentence imposed after a Bailey-type appeal, even though the new sentence was longer than the sentence that was vacated, holding that the new sentence did …