Search | Punch and Jurists

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, Sentences - Authority to Modify

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. …

U.S. v. Santos, No. 96-Cr. 168(SAS) (S.D.N.Y.) (961 F.Supp. 71) (May 15, 1997) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Searches - Inventory

U.S. v. Santos, No. 96-Cr. 168(SAS) (S.D.N.Y.) (961 F.Supp. 71) (May 15, 1997) (Judge Shira A. Scheindlin) by Towards the end of her decision in which she threw out the results of an FBI inventory search, Judge Scheindlin quoted from a recent article in the Journal of Criminal Justice in …

U.S. v. Lewis, No. 96-1468 (3rd Cir.) (113 F.3d 487) (May 14, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Lewis, No. 96-1468 (3rd Cir.) (113 F.3d 487) (May 14, 1997) (Judge Morton I. Greenberg) by United States v. Lewis, 113 F.3d 487 (3rd Cir. 1997) (Judge Greenberg) United States v. Longoria, 113 F.3d 975 (9th Cir. 1997) (Judge Schwarzer) In order to be convicted of a drug …

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings) by Court held that defendant's payment of co-conspirator's cash bond had an effect on interstate commerce and was a financial transaction within the meaning of the money laundering statute.

U.S. v. Pebworth, No. 95-5840 (4th Cir.) (112 F.3d 168) (April 29, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Pebworth, No. 95-5840 (4th Cir.) (112 F.3d 168) (April 29, 1997) (Judge J. Michael Luttig) by The defendant in this case was convicted of violating 18 U.S.C. § 513(b) - one of those incredibly broad modern-day statutes that makes it a crime to possess "an implement designed for …

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Here the Court affirmed an enhancement under USSG § 2F1.1(b)(4)(A) (formerly codified as § 2F1.1(b)(3)(A)), holding that the phrase "acting on behalf of a government agency" applies to false representations that …

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone) by Although the Court affirmed the defendant's conviction, the Court did reject the Government's argument that the illegal nature of the defendant's activities made any expectation of privacy regarding his premises …

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer) by Here the Court vacated a "gun bump" enhancement under USSG § 2D1.1(b)(1) based on constructive possession, stating that it was "pure speculation" whether the defendant ever had possession or dominion over the …

Singh v. Reno, No. 96-16373 (9th Cir.) (113 F.3d 1512) (May 27, 1997) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Singh v. Reno, No. 96-16373 (9th Cir.) (113 F.3d 1512) (May 27, 1997) (Judge Cynthia Holcomb Hall) by Here the Court held that a resident alien with a special agricultural permit abandoned his permanent resident status by visting his wife and children abroad while waiting for employment - a decision …

U.S. v. Harrison, No. 96-2544WM (8th Cir.) (113 F.3d 135) (May 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists

U.S. v. Harrison, No. 96-2544WM (8th Cir.) (113 F.3d 135) (May 9, 1997) (Judge George G. Fagg) by United States v. Cazares, 112 F.3d 1391 (9th Cir. 1997) (Judge Schwarzer) Lee v. United States, 113 F.3d 73 (7th Cir. 1997) (Judge Evans) United States v. Harrison, 113 F.3d 135 (8th …

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Duarte-Higareda, No. 95-50179 (9th Cir.) (113 F.3d 1000) (May 9, 1997) (Judge Harry Pregerson) by Here the Ninth Circuit agreed with the defendant's claim that he had not knowingly and voluntarily waived his right to a jury trial due to his limited understanding of English, a waiver form …

U.S. v. Jordan, No. 96-1396 (1st Cir.) (112 F.3d 14) (April 29, 1997) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Jordan, No. 96-1396 (1st Cir.) (112 F.3d 14) (April 29, 1997) (Judge Bailey Aldrich) by This case shows another example of the Government's vindictiveness if it gets wounded at the first trial. Here, the defendant was indicted on a number of wire fraud, mail fraud and money laundering …

U.S. v. Cisnero, No. 95-40711 (5th Cir.) (112 F.3d 1272) (May 13, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Cisnero, No. 95-40711 (5th Cir.) (112 F.3d 1272) (May 13, 1997) (Judge Fortunato P. Benavides) by Among the many issues raised on this appeal, one dealt with a rarely cited provision of the Speedy Trial Act. One of the defendant's argued that his rights under the Speedy Trial …

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes) by

Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz) by Here, despite conceding that law enforcement officers had made deliberate misrepresentations in their efforts to convict the plaintiff, they were entitled to qualified immunity due to a lack of proof that the …

U.S. v. Cisnero, No. 95-40711 (5th Cir.) (112 F.3d 1272) (May 13, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Cisnero, No. 95-40711 (5th Cir.) (112 F.3d 1272) (May 13, 1997) (Judge Fortunato P. Benavides) by Quote from Judge Kozinski about how our pretended solicitude for the rights of criminal defendants is often violated by blindly following apocryphal evidentiary doctrines and rules of thumb. Quote of the Week …

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer) by One of the issues raised in this appeal was whether the defendant had properly preserved his objections to a trial court's refusal to give the jury some requested instructions. Citing Rule 30 …

U.S. v. Evans, No. 97-1120 (7th Cir.) (113 F.3d 1457) (May 6, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Evans, No. 97-1120 (7th Cir.) (113 F.3d 1457) (May 6, 1997) (Judge Walter J. Cummings) by The defendant in this case faced a fairly common - and important - problem. His "family" lawyer was not a criminal defense attorney; so, when the defendant became involved in a criminal …

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse) by Case affirmed the use of evidence to show prior sexual misconduct of defendant under Rule 414, but held that such evidence is subject to balancing test of Rule 403. This case presents …