Search | Punch and Jurists

U.S. v. Delgado, No. 96-593-CR (S.D.Fla.) (959 F.Supp. 1523) (January 15, 1997) (Judge K. Michael Moore)

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Filed under: Punch And Jurists

U.S. v. Delgado, No. 96-593-CR (S.D.Fla.) (959 F.Supp. 1523) (January 15, 1997) (Judge K. Michael Moore) by Case held that seizure of $237,282 in currency did not violate the Excessive Fines Clause.

U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr)

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Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr) by Case affirmed a multiple victim enhancement under USSG § 2F1.1(b)(2)(B), rejecting defendant's claim that the bankruptcy trustee was the only victim (id., at 531).

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener)

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

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by In a domestic violence case, the Court rejected defendant's claims that upward departures based on USSG §§ 5K2.2, 5K2.4, 5K2.5 and 5K2.8 were improper.

U.S. v. Pappert, No. 95-3071 (10th Cir.) (112 F.3d 1073) (April 28, 1997) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Jeopardizing the Soundness of a Financial Institution

U.S. v. Pappert, No. 95-3071 (10th Cir.) (112 F.3d 1073) (April 28, 1997) (Judge Carlos Lucero) by Court affirmed enhancement for jeopardizing the soundness of a financial institution based on bank officer's testimony that defendant's fraud had an "effect" on and was a "contributing factor to" the closing of the …

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

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Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Court agreed with the district court's assessment that "the intricacy and sophistication of [the defendant's] scheme were substantially in excess of the typcial fraud case that involves 'more than minimal planning'.". …

U.S. v. Longoria, No. 96-30010 (9th Cir.) (113 F.3d 975) (May 7, 1997) (Judge William W. Schwarzer)

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Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Longoria, No. 96-30010 (9th Cir.) (113 F.3d 975) (May 7, 1997) (Judge William W. Schwarzer) by Court reversed a conviction where indictment charged use of both cocaine and heroin, defendant only admitted to use of cocaine, and court failed to determine that he understood he was charged with …

U.S. v. Romeo, No. 96-50337 (9th Cir.) (114 F.3d 141) (May 28, 1997) (Judge A. Wallace Tashima)

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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 Quote from the Supreme Court about the deeply ingrained hostility towards the concept of making repeated attempts to prosecute a defendant for the same crime. QUOTE OF THE WEEK - While much …

Alexander S. v. Boyd, No. 96-1950 (4th Cir.) (113 F.3d 1373) (May 28, 1997) (Judge Karen J. Williams)

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Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Alexander S. v. Boyd, No. 96-1950 (4th Cir.) (113 F.3d 1373) (May 28, 1997) (Judge Karen J. Williams) by Here the Fourth Circuit held that the PLRA's new attorney's fee limitations, do apply to cases that were pending prior to the enactment of the PLRA; but the decision also contains …

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

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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 Quote of the Week - Hearing the voices of those banished from society. " ‘The methods we employ in the enforcement of our criminal law have aptly been called the measures by …

U.S. v. Wofford, No. 96-10008 (9th Cir.) (113 F.3d 977) (May 7, 1997) (Judge Diarmuid F. O'Scannlain)

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Filed under: Punch And Jurists

U.S. v. Wofford, No. 96-10008 (9th Cir.) (113 F.3d 977) (May 7, 1997) (Judge Diarmuid F. O'Scannlain) by This case is noted because of its extended discussion of the "justification defense." The defendant was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § …

U.S. v. Pearson, No. 95-3204 (7th Cir.) (113 F.3d 758) (May 14, 1997) (Judge Daniel A. Manion)

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Filed under: Punch And Jurists, Elements of Offense

U.S. v. Pearson, No. 95-3204 (7th Cir.) (113 F.3d 758) (May 14, 1997) (Judge Daniel A. Manion) by In this case the Court identified four factors as particularly salient in determining whether a conspiracy existed, and whether a defendant knowingly participated in it: (1) the length of the affiliation; (2) …

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain)

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Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Garcia-Olmedo, No. 96-10195 (9th Cir.) (112 F.3d 399) (April 22, 1997) (Judge Diarmuid F. O'Scannlain) by Court affirmed use of 16 level enhancement based on state misdemeanor conviction as covered by language of U.S.S.G. § 2L1.2(b)(2).

Dyer v. Calderon, No. 95-99002 (9th Cir.) (113 F.3d 927) (May 5, 1997) (Judge J. Clifford Wallace)

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Filed under: Punch And Jurists, Bias/Discrimination

Dyer v. Calderon, No. 95-99002 (9th Cir.) (113 F.3d 927) (May 5, 1997) (Judge J. Clifford Wallace) by The decision in this case was replaced by the Court's subsequent ruling reported at 122 F.3d 720; and that decision was ultimately vacated by the Court's en banc ruling reported at 151 …

U.S. v. Williams, No. 95-3173 (D.C. Cir.) (113 F.3d 243) (May 20, 1997) (Judge Laurence H. Silberman)

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Filed under: Punch And Jurists

U.S. v. Williams, No. 95-3173 (D.C. Cir.) (113 F.3d 243) (May 20, 1997) (Judge Laurence H. Silberman) by One of the issues explored in this case was whether the district court had committed error by refusing to give a requested "missing witness instruction" to the jury. The defendant, charged with …

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman)

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Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman) by Here, although the Court held that the Government had failed to prove that it had made a good faith effort to locate witness before trial, the erroneous admission of that witness' …

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener)

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Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by Case affirmed district court's refusal to grant motion for change of venue based on claim of excessive pretrial publicity, holding that trial court had conducted appropriate two-step analysis.

U.S. v. Ramirez, No. 96-2237 (7th Cir.) (112 F.3d 849) (April 28, 1997) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Ramirez, No. 96-2237 (7th Cir.) (112 F.3d 849) (April 28, 1997) (Judge Richard A. Posner) by Case held that wiretap statute authorized judge in Wisconsin to order wiretap regardless of whether target phones were located in Wisconsin or Minnesota.

Channer v. Hall, No. 95-30964 (5th Cir.) (112 F.3d 214) (May 14, 1997) (Judge George P. Kazen)

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Filed under: Punch And Jurists, Involuntary Servitude

Channer v. Hall, No. 95-30964 (5th Cir.) (112 F.3d 214) (May 14, 1997) (Judge George P. Kazen) by Citing U.S. v. Kozminski, 487 U.S. 931 (1988), the Court emphasized that the 13th Amendment did not apply to work assignments for inmates. The Court also noted that, under Kozminski, there are …

U.S. v. Ross, No. 95-50282 (9th Cir.) (112 F.3d 422) (April 29, 1997) (Judge Robert Boochever)

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Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ross, No. 95-50282 (9th Cir.) (112 F.3d 422) (April 29, 1997) (Judge Robert Boochever) by Case held that eight year delay in indicting defendant, and subsequent 4 1/2 year delay between mistrial and second prosecution did not violate due process.

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver)

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Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by This case is noted for its extended discussion of the admissibility of expert testimony to establish a "compulsive gambling disorder defense." Before trial, the Government moved to preclude the use of such …