Search | Punch and Jurists

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 When this decision was first announced it was widely billed as the decision that would end all future debate on the politically sensitive issue of jury nullification. Perhaps such promises were based …

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, Co-conspirator/Accomplice liability

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins) by Wilson did not dispute the recommended finding that a firearm was possessed under § 2D1.1(b)(1) because there was significant evidence that his coconspirators had possessed firearms. See U.S.S.G. § 1B1.3(a)(1)(B) (explaining …

U.S. v. Pipkin, No. 96-20402 (5th Cir.) (114 F.3d 528) (June 2, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Pipkin, No. 96-20402 (5th Cir.) (114 F.3d 528) (June 2, 1997) (Judge Harold R. Jr. DeMoss) by After observing that the Secretary of Treasury had withdrawn a regulation that would have required banks to post notices of the changes in law in bank tellers windows, Government could not …

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: Excessive Force, Punch And Jurists

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. Riley v. Dorton, 115 F.3d 1159 (4th Cir. 1997) (En Banc) (Judge Wilkinson) Estate of Davis …

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 held that corroboration requirement for admission of statement against interest is not concerned with the veracity of the in-court witness but the trustworthiness of the out-of-court statement (Id., at 1300).

U.S. v. Li, No. 96-1508 (2nd Cir.) (115 F.3d 125) (May 27, 1997) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Li, No. 96-1508 (2nd Cir.) (115 F.3d 125) (May 27, 1997) (Judge Milton I. Shadur) by Here the Court held that the trial court had violated the defendant's right of allocution at sentencing (as set forth in Fed.R.Crim.P. 32(c)(3)(C), and for that reason it remanded the case back …

Rodriguez v. Weprin, No. 95-2416, No. 15 (2nd Cir.) (116 F.3d 62) (June 19, 1997) (Judge J. Garvin Murtha)

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

Filed under: Punch And Jurists

Rodriguez v. Weprin, No. 95-2416, No. 15 (2nd Cir.) (116 F.3d 62) (June 19, 1997) (Judge J. Garvin Murtha) by Speedy justice? Not for Robert Rodriquez. He was convicted in 1983 of various crimes, and he promptly filed a notice of appeal. "On September 23, 1991, seven years and eight …

U.S. v. Villasenor-Cesar, No. 96-30194 (9th Cir.) (114 F.3d 970) (June 10, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists

U.S. v. Villasenor-Cesar, No. 96-30194 (9th Cir.) (114 F.3d 970) (June 10, 1997) (Judge Stephen S. Trott) by Although the court refused to grant a third point for acceptance of responsibility, it did approve a two point reduction for a defendant who went to trial because it found the defendant …

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch) by Here, without deciding whether a court can award a downward departure based on drug addiction (an issue on which the Circuits are in disagreement), it simply affirmed the district court's discretionary authority …

U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell) by In this mildly surprising decision, the Fourth Circuit held that the Government had failed to present sufficient evidence to support a conviction for using or possessing a gun during and in relation …

Miller v. Smith, No. 95-7521 (4th Cir.) (115 F.3d 1136) (May 23, 1997) (Judge Clyde H. Hamilton)

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

Filed under: Punch And Jurists, Right to Documents

Miller v. Smith, No. 95-7521 (4th Cir.) (115 F.3d 1136) (May 23, 1997) (Judge Clyde H. Hamilton) by The defendant in this case was denied his right to appeal his criminal conviction "because he could not afford to obtain, and the State of Maryland refused to provide, a trial transcript …

Crawford v. Indiana Dept. of Corrections, No. 96-3123 (7th Cir.) (115 F.3d 481) (June 2, 1997) (Judge Richard A. Posner)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Crawford v. Indiana Dept. of Corrections, No. 96-3123 (7th Cir.) (115 F.3d 481) (June 2, 1997) (Judge Richard A. Posner) by Ever since Congress adopted the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) (the "ADA") in 1990, prison officials and courts have struggled to find some palatable …

U.S. v. Horsman, No. 96-3013 (8th Cir.) (114 F.3d 822) (June 13, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Horsman, No. 96-3013 (8th Cir.) (114 F.3d 822) (June 13, 1997) (Judge Frank J. Magill) by In this case the Court held (at page 829) that there was no violation of a defendant's subatantial rights where the only possible deprivation suffered was the possibility of jury nullification.

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio) by In this case the defendant claimed that the DEA agents' promises that cooperation would be helpful to him amounted to an agreement under U.S.S.G. § 1B1.8 that his statements would not be …

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, Other Crimes/Bad Acts Evidence

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey) by Last week we noted with some trepidation that the Government is rapidly moving to expand the contours "other crimes" evidence through the introduction of "modus operandi" evidence that it says helps to …

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

Goncalves v. Reno, No. 97-1953 (1st Cir.) (144 F.3d 110) (May 15, 1998) (Judge Sandra L. Lynch)

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

Filed under: Retroactivity, Punch And Jurists

Goncalves v. Reno, No. 97-1953 (1st Cir.) (144 F.3d 110) (May 15, 1998) (Judge Sandra L. Lynch) by The petitioner in this case was a long-time permanent resident alien of the United States who had committed a criminal offense that rendered him deportable. He was place in deportation proceedings and, …

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, Sentences - Authority to Modify

U.S. v. Layman, No. 96-4500 (4th Cir.) (116 F.3d 105) (June 24, 1997) (Judge William W. Jr. Wilkins) by Court held that a sentence is "imposed" when it is pronounced orally at the sentencing hearing; and it thereafter be only be corrected within 7 days for artithemetical, technical or other …

Walker v. U.S., No. 96-2086 (8th Cir.) (115 F.3d 603) (June 6, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists

Walker v. U.S., No. 96-2086 (8th Cir.) (115 F.3d 603) (June 6, 1997) (Judge James B. Loken) by Case held that Bailey decision does not provide basis for relief from valid guilty plea entered prior to Bailey, but may affect validity of guilty plea.

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 Case held that, even when the district court departs downward, it must explain why it selected a particular sentence when the Guideline range exceeded 24 months; and the failure to …