Search | Punch and Jurists

U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court conceded that there was no evidence that the defendants used or possessed any firearms before they broke into a pawn shop, but once they picked up guns during …

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by The Tenth Circuit reversed a substantial downward departure granted in numerous grounds including doubts about the witnesses' credibility, the strength of the evidence about the defendant's intent and proof of the interstate …

U.S. v. Sablan, No. 94-10534 (9th Cir.) (114 F.3d 913) (June 5, 1997) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Sablan, No. 94-10534 (9th Cir.) (114 F.3d 913) (June 5, 1997) (Judge Edward Leavy) by This is an important Guidelines decision that flows from the Supreme Court's landmark ruling in Koon v. U.S., 135 L.Ed.2d 392 (1996); and, in the minds of the dissenting judges, it is destined …

U.S. v. Smith, No. 96-4492 (4th Cir.) (115 F.3d 241) (May 30, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 96-4492 (4th Cir.) (115 F.3d 241) (May 30, 1997) (Judge Francis D. Jr. Murnaghan) by Here the Court held that the district court can resentence a defendant on one part of a sentencing package after the original term has been served so long as the defendant …

Hayes v. McBride, No. 3:96-CV-0508-AS (N.D.Ind.) (965 F.Supp. 1186) (May 13, 1997) (Judge Allen Sharp)

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

Filed under: Due Process, Punch And Jurists

Hayes v. McBride, No. 3:96-CV-0508-AS (N.D.Ind.) (965 F.Supp. 1186) (May 13, 1997) (Judge Allen Sharp) by Every prisoner should read this case, because it contains one of the best recent reviews of the few due process rights that prisoners still retain. In this case a prison guard alleged that, during …

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 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 …

McGore v. Wrigglesworth, No. 97-1165 (6th Cir.) (114 F.3d 601) (June 11, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, In Forma Pauperis

McGore v. Wrigglesworth, No. 97-1165 (6th Cir.) (114 F.3d 601) (June 11, 1997) (Judge Boyce F. Jr. Martin) by Despite its name, the Prison Litigation Reform Act of 1995 (the "PLRA") wasn't even enacted into law until 1996. Consistent with that mistake, the Sixth Circuit notes that the PLRA also …

U.S. v. Scrivner, No. 95-30227 (9th Cir.) (114 F.3d 964) (June 10, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Methamphetamine

U.S. v. Scrivner, No. 95-30227 (9th Cir.) (114 F.3d 964) (June 10, 1997) (Judge Thomas G. Nelson) by Note: this case was based on the law before Guideline Amendment 518 was adopted. Case held that where a defendant fails to object at sentencing to type of drug used for sentencing …

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. 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, Exceptions

U.S. v. Miller, No. 95-1077(L), No. 343 (2nd Cir.) (116 F.3d 641) (June 20, 1997) (Judge Amalya Lyle Kearse) by Court held that an act that is alleged to have been done in furtherance of an alleged conspiracy is not an "other" act within the meaning of Rule 404(b); rather …

U.S. v. Buchanan, No. 95CR-10188-NG (D.Mass.) (964 F.Supp. 533) (March 31, 1997) (Judge Nancy Gertner)

Article • July 1, 1997 • from P&J April, 1998

Filed under: Punch And Jurists

U.S. v. Buchanan, No. 95CR-10188-NG (D.Mass.) (964 F.Supp. 533) (March 31, 1997) (Judge Nancy Gertner) by Here the Court rejected a Government motion to use an expert witness because Government waited till two weeks before trial to file motion.

U.S. v. Howard, No. 96-4675 (4th Cir.) (115 F.3d 1151) (June 13, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

U.S. v. Howard, No. 96-4675 (4th Cir.) (115 F.3d 1151) (June 13, 1997) (Judge J. Harvie III Wilkinson) by Case held that a defendant was not "in custody" of federal agents when they met him at aiport, transported him to his probation officer and then interrogated him, so he was …

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, Effective Assistance of Counsel

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel) by Can a defendant file a Rule 33 motion on the basis of a claim of ineffective assistance of counsel? Generally not. In this case, the D.C. Circuit joins nine other Circuits in …

McGore v. Wrigglesworth, No. 97-1165 (6th Cir.) (114 F.3d 601) (June 11, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, In Forma Pauperis

McGore v. Wrigglesworth, No. 97-1165 (6th Cir.) (114 F.3d 601) (June 11, 1997) (Judge Boyce F. Jr. Martin) by Despite its name, the Prison Litigation Reform Act of 1995 (the "PLRA") wasn't even enacted into law until 1996. Consistent with that mistake, the Sixth Circuit notes that the PLRA also …

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: Punch And Jurists, Lack of Guidance as a Youth

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker) by Court held that downward departures based on lack of guidance as a youth was a permitted grounds for departure before 1992 when § 5H1.12 2 was adopted.

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 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. 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, Impeachment

U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case affirmed the use of drug dealer profile evidence to establish a modus operandi. The principal issue in this case dealt with the growing use of the made-to-measure “drug dealer profile” - …

U.S. v. Layman, No. 96-4500 (4th Cir.) (116 F.3d 105) (June 24, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Layman, No. 96-4500 (4th Cir.) (116 F.3d 105) (June 24, 1997) (Judge William W. Jr. Wilkins) by There is perhaps no area of the law that is more confusing today than the all important issue of whether a court can amend a sentence once it has been imposed. …

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, Federal Tort Claims Act (FTCA)

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 …

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 United States v. Morris, 116 F.3d 501 (D.C.Cir. 1997) (Judge Williams) United States v. Martin, 116 F.3d 702 (3rd Cir. 1997) (Per Curiam) United States v. Hernandez, 116 F.3d 725 (5th Cir. 1997) (Per …