Search | Punch and Jurists

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Ogunbiyi, No. 3:95crs (N.D.W.Va.) (957 F.Supp. 89) (March 6, 1997) (Judge Robert Earl Maxwell)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Ogunbiyi, No. 3:95crs (N.D.W.Va.) (957 F.Supp. 89) (March 6, 1997) (Judge Robert Earl Maxwell) by United States v. Palacios, 957 F.Supp. 50 (S.D.N.Y. 1997) (Judge Cedarbaum) United States v. Skinner, 957 F.Supp 228 (M.D.Ga. 1997) (Judge Fitzpatrick) What is unusual about this trio of cases is that in …

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Defendant was denied downward departure on basis that he was coerced by a crime family, since he had close connections to that family.

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam) by

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin) by Case explored issue of when a petitioner is entitled to assistance of counsel on a habeas appeal to claim ineffective assistance of counsel claim in a prior appeal. This case held …

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion) by Here the Court held that an adjustment for acceptance of responsibility, under USSG § 3E1.1, is rarely available to those who assert the defense of entrapment, since that defense by its nature …

U.S. v. Hernandez, No. 95-50181 (9th Cir.) (109 F.3d 1450) (March 31, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Hernandez, No. 95-50181 (9th Cir.) (109 F.3d 1450) (March 31, 1997) (Per Curiam) by Court held that district court abused Its discretion in rejecting defendant's offer to stipulate to prior felony conviction.

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam) by Case held that district court abused its discretion in denying motion for reduction of sentence for a crime involving wet marijuana where there were witnesses who could testify as to weight of dry marijuana. …

U.S. v. Miller, No. 94-8079 (10th Cir.) (111 F.3d 747) (April 25, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Miller, No. 94-8079 (10th Cir.) (111 F.3d 747) (April 25, 1997) (Judge Stephanie K. Seymour) by Here, the indictment charged the defendant with participation in a drug distribution conspiracy "within the District of Wyoming and elsewhere." The defendant lived in Montana; and at trial "no evidence was offered …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (109 F.3d 1358) (March 6, 1997) (Judge Robert R. Beezer)

Article • May 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Strickland Standard

Thompson v. Calderon, No. 95-99014 (9th Cir.) (109 F.3d 1358) (March 6, 1997) (Judge Robert R. Beezer) by

U.S. v. Paul, No. 95-1672, No. 818 (2nd Cir.) (110 F.3d 869) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

U.S. v. Paul, No. 95-1672, No. 818 (2nd Cir.) (110 F.3d 869) (March 26, 1997) (Judge Jon O. Newman) by Here, the Court affirmed that "[u]pon a proper request, a defendant is entitled to a jury instruction on any defense theory for which there is a foundation in the evidence …

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam) by This is one of two Ninth Circuit decisions that were reversed by the Supreme Court's recent decision in U.S. v. Watts, 136 L.Ed.2d 554 (1997). At issue in both cases was the concept of …

U.S. v. Skinner, No. 5:96-CR-46 (DF) (M.D.Ga.) (957 F.Supp. 228) (March 4, 1997) (Judge Duross Firzpatrick)

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

Filed under: Punch And Jurists, Searches - Inventory

U.S. v. Skinner, No. 5:96-CR-46 (DF) (M.D.Ga.) (957 F.Supp. 228) (March 4, 1997) (Judge Duross Firzpatrick) by United States v. Palacios, 957 F.Supp. 50 (S.D.N.Y. 1997) (Judge Cedarbaum) United States v. Ogunbiyi, 957 F.Supp. 89 (N.D.W.Va. 1997) (Judge Maxwell) What is unusual about this trio of cases is that in …

U.S. v. Paul, No. 95-1672, No. 818 (2nd Cir.) (110 F.3d 869) (March 26, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

U.S. v. Paul, No. 95-1672, No. 818 (2nd Cir.) (110 F.3d 869) (March 26, 1997) (Judge Jon O. Newman) by The defendant is this case was playing poker in a bar one night when he was approached by a stranger who asked to borrow $100. When the defendant refused, the …

U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs) by The defendant in this case was a mere 21 years old at the time of his sentencing; and he received a sentence of life imprisonment for an assortment of drug charges. After his …

U.S. v. Green, No. 96-2408 (7th Cir.) (111 F.3d 515) (April 14, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Arrest - Search Incident to

U.S. v. Green, No. 96-2408 (7th Cir.) (111 F.3d 515) (April 14, 1997) (Judge Daniel A. Manion) by Here, citing Brown v. Illinois, 422 U.S. 590 (1975), the Seventh Circuit noted that the Supreme Court had set forth three factors for determining whether the cauusl chain had been sufficiently attenuated …

Jensen v. County of Lake, No. H-74-230 (N.D.Ill.) (958 F.Supp. 397) (March 5, 1997) (Judge Rudy Lozano)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Jensen v. County of Lake, No. H-74-230 (N.D.Ill.) (958 F.Supp. 397) (March 5, 1997) (Judge Rudy Lozano) by This is another of the growing number of cases that addresses the thorny issue of the constitutionality of one of the more controversial provisions of the Prison Litigation Reform Act ("PLRA") - …

U.S. v. Bongiorno, No. 96-1560 (1st Cir.) (110 F.3d 132) (April 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Bongiorno, No. 96-1560 (1st Cir.) (110 F.3d 132) (April 3, 1997) (Per Curiam) by Case held that Federal Debt Collection Procedure Act was inapplicable to a U.S. attempt to enforce restitution order under the Child Recovery Support Act. [Editor's Note: Congress amended 18 U.S.C. § 228 on June …

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Continuing Offenses

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright) by In 1982, the defendant in this strange case was indicted and arrested for using the mails to transmit obscene materials in violation of 18 U.S.C. § 1461 and using minors to produce …

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury

U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Court ruled that enhancement for "conscious or reckless risk of serious bodily injury" contained in USSG § 2F1.1(b)(4) could not be applied to crimes committed prior to enactment of Guideline …