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Article • June 1, 1997 • from P&J June, 1997
U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by Case held that counts separately charging defendant with unlawful posession of firearm and unlawful possession of ammunition by a convicted felon, based on a single possession of a loaded gun, were multiplicious. This …
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists
Love v. Morton, No. 96-5783 (3rd Cir.) (112 F.3d 131) (May 5, 1997) (Judge Ruggero J. Aldisert) by Case held that there was no manifest necessity for a retrial after the judge was informed of his mother-in-law's death and defendant's failure to object did not amount to consent.
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists
U.S. v. Shumway, No. 95-4201 (10th Cir.) (112 F.3d 1413) (May 6, 1997) (Judge Wade Brorby) by In a ruling that shows the insantity of the sentencing by the numbers scheme of the Guidelines, it took a Circuit court to reject a sentence enhancement based on vulnerable victims where the …
Article • June 1, 1997 • from P&J June, 1997
Mitchell v. Farcass, No. 96-3026 (11th Cir.) (112 F.3d 1483) (May 6, 1997) (Judge Joseph Woodrow Hatchett) by Here, Judge Lay, in a concurring opinion, concluded that the PLRA, by means of § 1915(e)(2), now requires the sua sponte dismissal of complaints filed by IFP litigants when the litigant fails …
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists
U.S. v. Tackett, No. 95-6127 (6th Cir.) (133 F.3d 603) (May 15, 1997) (Judge Karen Nelson Moore) by Here the Sixth Circuit disagreed with the Second Circuits ruling in U.S. v. Masterpol, 940 F.2d 760 (2nd Cir. 1991) that the enactment of new witness protection laws in 1982 and 1988 …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Gunby, No. 94-8334 (11th Cir.) (112 F.3d 1493) (May 22, 1997) (Judge Gerald B. Tjoflat) by Here the Court stated: "Because an abuse of public trust and the disruption of a governmental function are analytically distinct, a sentencing court can apply sections 3B1.3 and 5K2.7 simultaneously. See, e.g., …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Campbell, No. 92-1234 (D.D.C.) (959 F.Supp. 20) (April 18, 1997) (Judge Louis F. Oberdorfer) by After being reversed by the Court of Appeals for concluding that a 20 year sentence would consitiute cruel and unusual punishment, Judge Oberdorfer requested that the case be assigned to a different judge.
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists
U.S. v. Shadduck, No. 95-1395 (1st Cir.) (112 F.3d 523) (April 24, 1997) (Judge Conrad K. Cyr) by Case held that the enhancement contained in § 2F1.1(b)(4)(B) [formely codified at § 2F1.1(n)(3)(B)] was intended to apply to defendants who have demonstrated a heightened mens rea by violating a prior "judicial …
Article • June 1, 1997 • from P&J June, 1997
Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans) by Here the Court held that the defendant had the right to seek to withdraw his plea based on the Supreme Court's decision in Bailey v. U.S., but held that in such a …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Tsinhnahijinnie, No. 96-10082 (9th Cir.) (112 F.3d 988) (April 24, 1997) (Judge Andrew J. Kleinfeld) by Court vacated a conviction based on fatal variance between indictment and evidence as to when the crime was committed. The defendant in this case was indicted on the grounds that "on or …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Amlani, No. 94-50292 (9th Cir.) (111 F.3d 705) (April 16, 1997) (Judge Charles E. Wiggins) by
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists
U.S. v. Sinclair, No. 96-5040 (10th Cir.) (109 F.3d 1527) (March 26, 1997) (Judge Robert H. Henry) by United States v. Landerman, 109 F.3d 1053 (5th Cir. 1997) (Judge Benavides) United States v. Sinclair, 109 F.3d 1527 (10th Cir. 1997) (Judge Henry) Both of these cases deal with the same …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken) by Prior to trial, the government filed a motion to permit all child witnesses to testify by closed circuit TV. Although the district court denied that motion on a preliminary basis, at trial …
Article • May 1, 1997 • from P&J May, 1997
Filed under: Recusal, Punch And Jurists
U.S. v. Larson, No. 96-1419 (8th Cir.) (110 F.3d 620) (April 10, 1997) (Judge Frank J. Magill) by This is the sixth appellate review of a case that has attracted worldwide notoriety; and it is a case that is nothing short of a travesty of justice. It involves the Federal …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by In this case the court upheld a special condition of supervised release requiring the defendant convicted of violating the International Parental Kidnapping Crime Act to effect the return of his children to …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Amer, No. 96-1181 (2nd Cir.) (110 F.3d 873) (March 26, 1997) (Judge Jon O. Newman) by Court held that while district courts have broad discretion to tailor conditions of supervised release to goals and purposes of sentencing, the Guidelines do not provide sentencing courts with untrammeled discretion in …
Article • May 1, 1997 • from P&J May, 1997
Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott) by QUOTE OF THE WEEK - One judicial view of the senseless cruelties inflicted on prisoners. "There are different ways to look upon the inmates of prisons and jails in the United States …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Case reversed an enhancement for obstruction of justice because lower court failed to make required findings with respect to materiality, and instead relied on defendant's motivation, which the court said …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Sherpa, No. 95-50007 (9th Cir.) (110 F.3d 656) (March 5, 1997) (Judge Thomas G. Nelson) by This is a reprise of another case we reported last November; and it is one of those ugly cases that tells much about the lunacy of some of our sentencing practices - …
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists
Carter v. Johnson, No. 96-20334 (5th Cir.) (110 F.3d 1098) (April 9, 1997) (Judge Jerry E. Smith) by Carter v. Johnson, 110 F.3d 1098 (5th Cir. 1997) (Judge Smith) Williamson v. Ward, 110 F.3d 1508 (10th Cir. 1997) (Judge Seymour) Both of these cases deal with the issue of competency …
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