Search | Punch and Jurists

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) …

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, Victims - Generally

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 …

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans) by Here the Court rejected the Government's claim that the defendant, by pleading guilty, had waived his right to appeal, bit it also ruled that in such a case the original indictment came …

Williams v. I.N.S., No. 96-60345 (5th Cir.) (114 F.3d 82) (June 6, 1997) (Judge Eldon E. Fallon)

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

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

Williams v. I.N.S., No. 96-60345 (5th Cir.) (114 F.3d 82) (June 6, 1997) (Judge Eldon E. Fallon) by Singh v. Reno, 113 F.3d 1512 (9th Cir. 1997) (Judge Hall) Williams v. I.N.S., 114 F.3d 82 (5th Cir. 1997) (Judge Fallon) Both of these cases show the increasingly powerful role of …

U.S. v. Stoddard, No. 96-300095 (9th Cir.) (111 F.3d 1450) (April 22, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Stoddard, No. 96-300095 (9th Cir.) (111 F.3d 1450) (April 22, 1997) (Judge David R. Thompson) by As this case shows, once the Government wants to prosecute someone, it never gives up - even if it means disregarding the Constitution. This case started in 1990 when the defendant and …

U.S. v. Brackett, No. 96-40568 (5th Cir.) (113 F.3d 1396) (May 21, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Brackett, No. 96-40568 (5th Cir.) (113 F.3d 1396) (May 21, 1997) (Judge Jerry E. Smith) by QUOTE OF THE WEEK - While much has been written about the evils of repeated prosecutions of a defendant after he has successfully won at his first trial, the following statement is …

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley)

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

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

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley) by Court refused to infer that a gun seized from a defendant known to have been involved in the drug trade for months was carried in car for the purpose of faciltating a …

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: Punch And Jurists

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

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone) by Here, in a surprising anf far-reaching decision, the majority (over the dissent of Judge Kearse) affirmed a sentencing departure based on family circumstances, strongly endorsing the trial court's discretion in …

U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. 408 Peyton Road, S.W., Atlanta, No. 95-8330 (11th Cir.) (112 F.3d 1106) (May 15, 1997) (Judge Susan H. Black) by Case held that Government deprived property owner of due process through its ex parte seizure of property under civil forfeiture statute where there were no exigent circumstances to …

In Re Grand Jury, No. 97-7018 (3rd Cir.) (111 F.3d 1083) (April 25, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Marital Privilege

In Re Grand Jury, No. 97-7018 (3rd Cir.) (111 F.3d 1083) (April 25, 1997) (Judge Dolores K. Sloviter) by While this case delved into some of the inner workings of the Grand Jury system, it is cited for its discussion of the marital privilege. Here, a witness was summoned before …

White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola)

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

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

White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola) by Sherwood v. Mulvahill, 113 F.3d 396 (3rd Cir. 1997) (Judge Seitz) White v. Tamlyn, 961 F.Supp. 1047 (E.D.Mich 1997) (Judge Gadola) Both of these cases involved claims for damages arising out of knowing …

Parreti v. U.S., No. 95-56586 (9th Cir.) (122 F.3d 758) (May 6, 1997) (Judge William A. Norris)

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

Filed under: Punch And Jurists

Parreti v. U.S., No. 95-56586 (9th Cir.) (122 F.3d 758) (May 6, 1997) (Judge William A. Norris) by The defendant in this case was arrested by Federal agents while he was giving a deposition in California; and he was held without bail pending a decision by the French government whether …

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 Case held that that when a defendant challenges one of at least two interdependent sentences, the district court can re-sentence on the counts not appealed because the defendant "has effectively challenged interwoven …

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

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. Shonubi, No. CR 92-0007 (E.D.N.Y.) (962 F.Supp. 370) (May 20, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (962 F.Supp. 370) (May 20, 1997) (Judge Jack B. Weinstein) by The long saga of Charles Shonubi's sentencing travails appears to be over. After four previous published decisions (which mainly evidenced an intense struggle between Judge Weinstein and the Second Circuit about how …

U.S. v. Stoddard, No. 96-300095 (9th Cir.) (111 F.3d 1450) (April 22, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Stoddard, No. 96-300095 (9th Cir.) (111 F.3d 1450) (April 22, 1997) (Judge David R. Thompson) by Quote of the Week - Some of the reasons why the Double Jeopardy Clause is so important. "Fear and abhorrence of governmental power to try people twice for the same conduct is …

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, Ability to Pay

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone) by Court affirmed imposition of $25,000 fine even though evidence "suggested" defendant's inability to pay fine. One of the issues raised in this case was whether the district court erred when …

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.

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

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

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