Search | 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)

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

Filed under: Punch And Jurists, Discovery - Lateness of

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 the late disclosure of evidence by the Government did not warrant suppression due to the failure of the defendant to prove prejudice.

U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill) by The defendant in this case argued that the district court had impermissibly double counted when it sentenced her based on her single act of embezzling while out on bond, because the district …

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 July, 1997

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 In this case, Judge Gertner (who never disappoints) rejected a Government motion, pursuant to Fed.R.Crim.P. 16(a)(1)(E), to utilize an expert witness at trial. After noting that the prosecution was more than two years old …

U.S. v. Gaytan, No. 96-10345 (9th Cir.) (115 F.3d 737) (June 18, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Gaytan, No. 96-10345 (9th Cir.) (115 F.3d 737) (June 18, 1997) (Judge Stephen Reinhardt) by This case contains a good review of an important principle that flows from the Double Jeopardy Clause: When and under what circumstances does a declaration of a mistrial bar further prosecution? In this …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

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, Loss - Calculation/Determination of

U.S. v. Van Brocklin, No. 96-2326 (8th Cir.) (115 F.3d 587) (June 6, 1997) (Judge C. Arlen Beam) by Citing U.S. v. Kopp, 951 F.2d 521 (3rd Cir. 1991) the court noted that some courts have held that it is inappropriate to determine loss under § 2F1.1 in accordance with …

Murphy v. Netherland, No. 96-14 (4th Cir.) (116 F.3d 97) (June 19, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Murphy v. Netherland, No. 96-14 (4th Cir.) (116 F.3d 97) (June 19, 1997) (Judge J. Michael Luttig) by Here the Court held: "[E]ven if the Vienna Convention on Consular Relations could be said to create individual rights (as opposed to setting out the rights and obligations of signatory nations), it …

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, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by In face of a constitutional challenge to Rule 414, the Cour held that under the facts of the case admission of prior crimes evidence was not so prejudicial as to violate the …

U.S. v. Thomas, No. 93-3206 (D.C. Cir.) (114 F.3d 228) (June 3, 1997) (Judge Various)

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

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. Thomas, No. 93-3206 (D.C. Cir.) (114 F.3d 228) (June 3, 1997) (Judge Various) by Here, although the Court said it was deeply troubled by prosecutor's statements promising to produce evidence that it never produced, it finds that such error was harmless. This appeal is the outgrowth of one …

U.S. v. Gonzalez-Maldonado, No. 96-1120 (1st Cir.) (115 F.3d 9) (May 30, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Gonzalez-Maldonado, No. 96-1120 (1st Cir.) (115 F.3d 9) (May 30, 1997) (Judge Juan R. Torruella) by Case held it was reversible error for the trial court to have excluded psychiatric testimony regarding witness' testimony to exaggerate, where witness was incompetent to testify. Case held that its is well …

U.S. v. Villa-Chaparro, No. 96-2115 (10th Cir.) (115 F.3d 797) (June 12, 1997) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Villa-Chaparro, No. 96-2115 (10th Cir.) (115 F.3d 797) (June 12, 1997) (Judge Bobby R. Baldock) by Case held that Government's improper use of 53 subpoenas to compel witnesses to attend ex parte interviews did not warrant ordering new trial absent a showing of clear prejudice which it found …

Mitchell v. Rees, No. 95-6232 (6th Cir.) (114 F.3d 571) (May 29, 1997) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists

Mitchell v. Rees, No. 95-6232 (6th Cir.) (114 F.3d 571) (May 29, 1997) (Judge Alice M. Batchelder) by Case is noted for Judge Keith's strong dissent in which he stated "I cannot help but be amazed at the length to which the Majority will travel to deny Mitchell a fair …

U.S. v. Sjeklocha, No. 96-2642 (11th Cir.) (114 F.3d 1085) (May 30, 1997) (Judge Max Rosenn)

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

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

U.S. v. Sjeklocha, No. 96-2642 (11th Cir.) (114 F.3d 1085) (May 30, 1997) (Judge Max Rosenn) by Case held that information that Government had attempted to sell arms to same foreign country that defendant had did not give sentencing court authority to reduce sentence under provisions of old Rule 35(a).

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 Among the several issues raised on this appeal, one provocative Guidelines' issue is noted. The defendant was convicted of being a felon in possession of a gun. He was sentenced to 97 …

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Appellate Jurisdiction/Review

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs) by This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly …

U.S. v. DeMartino, No. 96-1725 (2nd Cir.) (112 F.3d 75) (April 23, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. DeMartino, No. 96-1725 (2nd Cir.) (112 F.3d 75) (April 23, 1997) (Judge Amalya Lyle Kearse) by Case held that oral sentence normally prevails over subsequent written sentence unless the oral sentence that was pronounced was illegal. The district court in this case pronounced a sentence of 48 months, …

U.S. v. Davis, No. 96-1721 (3rd Cir.) (112 F.3d 118) (April 23, 1997) (Judge Jane A. Restani)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 96-1721 (3rd Cir.) (112 F.3d 118) (April 23, 1997) (Judge Jane A. Restani) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. …

Villarreal v. Woodham, No. 96-2146 (11th Cir.) (113 F.3d 202) (May 29, 1997) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Villarreal v. Woodham, No. 96-2146 (11th Cir.) (113 F.3d 202) (May 29, 1997) (Judge Joel F. Dubina) by The Court stated: "Focusing on the economic reality of the situation in its entirety, we conclude that [a pretrial detainee] is not an 'employee' under the FLSA. The purpose of the FLSA …

U.S. v. Vasquez, No. 96-1163 (2nd Cir.) (113 F.3d 383) (May 19, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Commission of Offenses While on Release

U.S. v. Vasquez, No. 96-1163 (2nd Cir.) (113 F.3d 383) (May 19, 1997) (Judge Richard J. Cardamone) by Although bail release form only warned defendant that the result of commision of a new crime while on release "could be" a mandatory sentence, that was held to be sufficient notice of …

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Thompson, No. 96-1390 (2nd Cir.) (113 F.3d 13) (May 7, 1997) (Judge Dennis G. Jacobs) by This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly …