Search | Punch and Jurists

U.S. v. Khounsavanh, No. 96-1244 (1st Cir.) (113 F.3d 279) (May 16, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Khounsavanh, No. 96-1244 (1st Cir.) (113 F.3d 279) (May 16, 1997) (Judge Hugh H. Bownes) by United States v. Khounsavanh, 113 F.3d 279 (1st Cir. 1997) (Judge Bownes) United States v. Fields, 113 F.3d 313 (2nd Cir. 1997) (Judge Cardamone) Sadly, the unrelenting assault on the Fourth Amendment …

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 Here the Court held that a second prosecution of the defendants was barred in part under the principles of collateral estoppel, and it applied a three-part test to determine whether the issues …

U.S. v. Knox, No. 96-50340 (5th Cir.) (112 F.3d 802) (May 1, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Knox, No. 96-50340 (5th Cir.) (112 F.3d 802) (May 1, 1997) (Judge Harold R. Jr. DeMoss) by Case held that a preacher was entrapped as a matter of law, holding the Government had attempted to turn two harmless, though weak, foolish and greedy men into felons. The Government …

In Re Magwood, No. 97-1141 (11th Cir.) (113 F.3d 1544) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

In Re Magwood, No. 97-1141 (11th Cir.) (113 F.3d 1544) (May 23, 1997) (Per Curiam) by Departing somewhat from the rationale of the other Circuits, here the Eleventh Circuit considered whether the AEDPA imposed an impermissible retroactive requirement on prisoners by requiring a certificate of appealability for a second or …

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 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 …

Franklin v. District of Columbia, No. 94-0511(JHG) (D.D.C.) (960 F.Supp. 394) (April 16, 1997) (Judge June L. Green)

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

Filed under: Punch And Jurists

Franklin v. District of Columbia, No. 94-0511(JHG) (D.D.C.) (960 F.Supp. 394) (April 16, 1997) (Judge June L. Green) by This important decision presents a revealing (and depressing) portrait of the plight of the growing number of Hispanic prisoners housed in our country's prisons and jails. While the case focuses on …

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, Failure to Object/Late Objections

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 …

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt) by In 1990, Congress enacted certain amendments to 18 U.S.C. § 3621 requiring the Bureau of Prisons to give every Federal prisoner with a substance abuse problem the opportunity to participate in a drug …

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 Case held that when a defendant proves his sentencing entrapment claim by a preponderance of evidence, the district court may not impose the gun bump enhancement under USSG § 2D1.1(b)(1). Citing U.S. v. …

Brooks v. Difasi, No. 96-2559, No. 772 (2nd Cir.) (112 F.3d 46) (April 9, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists

Brooks v. Difasi, No. 96-2559, No. 772 (2nd Cir.) (112 F.3d 46) (April 9, 1997) (Judge Pierre N. Leval) by In this case the Second Circuit held that it was not enough to look at the length of time that a prisoner has been confined in a "special housing unit" …

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

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 …

U.S. v. Powell, No. 96-7242 (3rd Cir.) (113 F.3d 464) (May 12, 1997) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Offense of Conviction

U.S. v. Powell, No. 96-7242 (3rd Cir.) (113 F.3d 464) (May 12, 1997) (Judge Anthony J. Scirica) by Case held that obstruction of justice enhancement was proper where defendant pled guilty and then attenpted to impede prosecution of his codefendant for same offenses by falsely testifying that codefendant was not …

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

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by Case held that under Daubert a doctor should have been permitted to testify that the defendant suffered from a compulsive gambling disorder. This case is noted for its extended discussion of the …

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Exigent Circumstances

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam) by Case is noted for Judge Selya's rare dissent in which he observed: "In the absence of exigent circumstances - and nothing in the instant record suggests any exigency, let alone demonstrates …

U.S. v. Magallon, No. 95-10438 (9th Cir.) (113 F.3d 150) (May 5, 1997) (Judge David R. Thompson)

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

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

U.S. v. Magallon, No. 95-10438 (9th Cir.) (113 F.3d 150) (May 5, 1997) (Judge David R. Thompson) by Court held that defendants had not waived their rights to contest the differences between L- and D-type methamphetamine and vacated sentence based on more severe type of methamphetamine where no proof was …

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach)

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

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

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach) by Case held that there is no age limit on domestic aggravated felonies that could be considered for purposes of applying 16-level ehnancement if defendant was deported after having been convicted of aggravated …

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 While it may be more of academic than practical value, this decision contains a detailed discussion of a defendant's right of allocution - a right that is embodied in Rule 32(c)(3)(C). Here, …

U.S. v. Lancaster, No. 96-4004 (4th Cir.) (112 F.3d 156) (April 22, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Lancaster, No. 96-4004 (4th Cir.) (112 F.3d 156) (April 22, 1997) (Judge William W. Jr. Wilkins) by Because of the artful dancing of the court in this case, we are not surprised that the official case does not appear on the Internet. Here the Court ruled that "the …

U.S. v. Haltom, No. 96-10707 (5th Cir.) (113 F.3d 43) (May 13, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Haltom, No. 96-10707 (5th Cir.) (113 F.3d 43) (May 13, 1997) (Judge Fortunato P. Benavides) by Here the Court held that although mail fraud and tax evasion convictions did not cause "substantially the same harm", they must be grouped because the mail fraud "embodies conduct that is treated …

Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya)

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

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

Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya) by In this horrifying case, the Court held that a police superintendent's failure to identify and take remedial action concerning an unstable, problem police officer who killed an innocent man could create supervisory …