Search | Punch and Jurists

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Vaknin, No. 96-1394 (1st Cir.) (112 F.3d 579) (May 6, 1997) (Judge Bruce M. Selya) by United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya) United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse) Both of these cases deal with some of …

Yesil v. Reno, No. 96 Civ. 8409 (DC) (S.D.N.Y.) (958 F.Supp. 828) (February 27, 1977) (Judge Denny Chin)

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

Filed under: Punch And Jurists

Yesil v. Reno, No. 96 Civ. 8409 (DC) (S.D.N.Y.) (958 F.Supp. 828) (February 27, 1977) (Judge Denny Chin) by Here the Court held that the AEDPA did not repeal 28 U.S.C. § 2241, and thus it had jurisdiction to review final orders of deportation with respect to aliens "in custody …

U.S. v. Berardini, No. 96-1421 (2nd Cir.) (112 F.3d 606) (April 30, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Berardini, No. 96-1421 (2nd Cir.) (112 F.3d 606) (April 30, 1997) (Judge Amalya Lyle Kearse) by United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya) United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse) Both of these cases deal with some of …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (113 F.3d 515) (May 14, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (113 F.3d 515) (May 14, 1997) (Judge Jacques L. Jr. Weiner) by Government thought control? You decide. Earlier this year a panel of Fifth Circuit judges wrote a decision, originally reported at 103 F.3d 1207 (5th Cir. 1997) ("Bradfield I"), in which it …

U.S. v. Gonzalez, No. 96-30161 (9th Cir.) (113 F.3d 1026) (May 9, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Gonzalez, No. 96-30161 (9th Cir.) (113 F.3d 1026) (May 9, 1997) (Judge William W. Schwarzer) by The interesting issue raised in this case was whether the district court had abused its discretion when it denied defendant's motion for appointment of substitute counsel without first conducting an inquiry into …

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan) by Case reversed district court's finding that differences between sentences of 360 months and 36 months between co-defendants was a mitigating factor that authorized it to reduce sentence from 360 months to 240 …

U.S. v. Navarro, No. CR S-94-390 (E.D.Cal.) (959 F.Supp. 1273) (April 9, 1997) (Judge Lawrence K. Karlton)

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

Filed under: Prosecutors, Punch And Jurists

U.S. v. Navarro, No. CR S-94-390 (E.D.Cal.) (959 F.Supp. 1273) (April 9, 1997) (Judge Lawrence K. Karlton) by After the defendant in this case was convicted of various drug crimes, he sought post-conviction relief on the unusual grounds that the prosecutor was without authority to represent the United States. The …

U.S. v. Berardini, No. 96-1421 (2nd Cir.) (112 F.3d 606) (April 30, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Berardini, No. 96-1421 (2nd Cir.) (112 F.3d 606) (April 30, 1997) (Judge Amalya Lyle Kearse) by Quote from Justice Brennan in which he complained that those we would banish from society often sepak in too faint a voice to be heard above society's demand for punishment. Quote of …

U.S. v. Parrilla, No. 96-30357 (9th Cir.) (114 F.3d 124) (May 16, 1997) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists

U.S. v. Parrilla, No. 96-30357 (9th Cir.) (114 F.3d 124) (May 16, 1997) (Judge Harry Pregerson) by The Ninth Circuit remains one of the few circuits willing to face honestly the firmly established practice of sentencing entrapment; and this case is one more example of its lonely battle to eradicate …

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy) by Joining the Second, Sixth, Eighth and Tenth Circuits, the Ninth Circuit ruled that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed the maximum lengths of sentences specified …

U.S. v. Mitchell, No. 96-3260 (10th Cir.) (113 F.3d 1528) (May 29, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists

U.S. v. Mitchell, No. 96-3260 (10th Cir.) (113 F.3d 1528) (May 29, 1997) (Judge Deanell R. Tacha) by One of the issues raised in this case was whether the defendant was eligible for a downward departure for reduced mental capacity based on "undisputed evidence" that he had an I.Q. of …

U.S. v. Beckford, No. 3:96CR66-01 (E.D.Va.) (962 F.Supp. 780) (April 4, 1997) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Beckford, No. 3:96CR66-01 (E.D.Va.) (962 F.Supp. 780) (April 4, 1997) (Judge Robert E. Payne) by Of the four separate decisions reported in this case, this case was the most interesting because of its lengthy discussion of the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), …

U.S. v. Rodriguez, No. 96-2150 (1st Cir.) (112 F.3d 26) (April 30, 1997) (Judge Sandra L. Lynch)

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

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

U.S. v. Rodriguez, No. 96-2150 (1st Cir.) (112 F.3d 26) (April 30, 1997) (Judge Sandra L. Lynch) 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. Romeo, No. 96-50337 (9th Cir.) (114 F.3d 141) (May 28, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists

U.S. v. Romeo, No. 96-50337 (9th Cir.) (114 F.3d 141) (May 28, 1997) (Judge A. Wallace Tashima) by United States v. Brackett, 113 F.3d 1396 (5th Cir. 1997) (Judge Smith) United States v. Romeo, 114 F.3d 141 (9th Cir. 1997) (Judge Tashima) One of the major evils of today's criminal …

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan) by While this decision examined a number of interesting Guidelines issues, it is noted because the court addressed the controversial issue of the type of "cooperation" that is required of a defendant to qualify …

De La Paz v. Peters, No. 93 C 7652 (N.D.Ill.) (959 F.Supp. 909) (March 27, 1997) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Prison Conditions

De La Paz v. Peters, No. 93 C 7652 (N.D.Ill.) (959 F.Supp. 909) (March 27, 1997) (Judge Ruben Castillo) by Prison cases have always been great barometers of our criminal justice system. They show how judicial winds are blowing and what it takes to "shock the conscience" of the courts. …

U.S. v. Mueller, No. 95-3777 (7th Cir.) (112 F.3d 277) (April 23, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Mueller, No. 95-3777 (7th Cir.) (112 F.3d 277) (April 23, 1997) (Judge Daniel A. Manion) by Here the Court held that "by its plain terms" the underlying elements of 21 USC § 843(b) constitute a controlled substance offense for purposes of the career offender provisions of USSG § …

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams) by The Government appealed from an order of Judge Hallanan, in which she granted a defense motion to suppress a statement given by the defendant to law enforcement officials. She ruled that the …

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter) by The law says that anyone who uses or carries a firearm during and in relation to a crime of violence shall be sentenced to a mandatory term of imprisonment of five years, …

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg)

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

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

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriquez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) …