Search | Punch and Jurists

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold)

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

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

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold) by The issue in this case was whether the district court had erred by imposing a two-level sentence enhancement, pursuant to U.S.S.G. § 2D1.1(b)(1). The Eleventh Circuit ruled that the district court had …

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio)

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

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

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio) by In this case, the court ruled that the subsequent vacatur of the previous aggravated felony was irrelevant to the application of the 16-level e3nhanced penalty provisions of U.S.S.G. § 2L1.2(b). The court …

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Justice Lummus of the Supreme Judicial Court of Massachusetts once observed: "If all the defendants should combine to refuse to plead guilty, and should dare to hold out, they could break down …

U.S. v. Lamplugh, No. 3:Misc.-94-88-01 (M.D.Pa.) (956 F.Supp. 1204) (March 4, 1997) (Judge Thomas I. Vanaskie)

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

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Lamplugh, No. 3:Misc.-94-88-01 (M.D.Pa.) (956 F.Supp. 1204) (March 4, 1997) (Judge Thomas I. Vanaskie) by This case is noted because it is one of the few reported cases in which a defendant actually wins a motion under Rule 41(e) of the Fed.R.Crim.P. for the return of property seized …

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (957 F.Supp. 110) (February 21, 1997) (Judge John Feikens)

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

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

Glover v. Johnson, No. 77-CV-71229 (E.D.Mich.) (957 F.Supp. 110) (February 21, 1997) (Judge John Feikens) by

U.S. v. Clark, No. 94-2050 (6th Cir.) (110 F.3d 15) (April 1, 1997) (Judge Gilbert S. Merritt)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Clark, No. 94-2050 (6th Cir.) (110 F.3d 15) (April 1, 1997) (Judge Gilbert S. Merritt) by Case held that the safety valve statute, which contemplates shorter sentences for first time offenders otherwise subject to the mandatory minimum statutes, applies to cases pending on appeal when it was enacted. …

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam) by Court held that defendant was entitled to an evidentiary hearing to determine whether his waiver of right to appeal was knowing and voluntary.

U.S. v. Gonzalez, No. 95-1438(L), No. 482 (2nd Cir.) (110 F.3d 936) (April 14, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Relevance

U.S. v. Gonzalez, No. 95-1438(L), No. 482 (2nd Cir.) (110 F.3d 936) (April 14, 1997) (Judge John M. Jr. Walker) by Here the Court rejected a claim that irrelevant evidence had been admitted, holding that to be relevant the evidence needs only to "tend" to prove the Government's case and …

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1044) (April 10, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1044) (April 10, 2007) (Per Curiam) by

U.S. v. Brooks, No. 95-5728 (4th Cir.) (111 F.3d 365) (April 16, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Major Fraud/Fraud Offenses Act

U.S. v. Brooks, No. 95-5728 (4th Cir.) (111 F.3d 365) (April 16, 1997) (Judge Paul V. Niemeyer) by In this case of first impression, the Court acknowledged that its decision was at variance with what it called dictum in U.S. v. Nadi, 996 F.2d 548 (2nd Cir. 1993) where that …

U.S. v. Landerman, No. 94-10028 (5th Cir.) (109 F.3d 1053) (March 31, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Landerman, No. 94-10028 (5th Cir.) (109 F.3d 1053) (March 31, 1997) (Judge Fortunato P. Benavides) by QUOTE OF THE WEEK - The evils of bartered testimony - "the virtual purchase of perjury!" "One of the basics of our jurisprudence is the search for truth, and by this is …

Orena v. U.S., No. 96 CV 1474 (E.D.N.Y.) (956 F.Supp. 1071) (March 10, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Orena v. U.S., No. 96 CV 1474 (E.D.N.Y.) (956 F.Supp. 1071) (March 10, 1997) (Judge Jack B. Weinstein) by This case, which involves the activities of FBI agent Devecchio, is noted for its review of the Government's disclosure obligations under Brady v. Maryland and for its description of that happens …

U.S. v. Noriega-Millan, No. 96-1420 (1st Cir.) (110 F.3d 162) (April 7, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists

U.S. v. Noriega-Millan, No. 96-1420 (1st Cir.) (110 F.3d 162) (April 7, 1997) (Judge Hugh H. Bownes) by As any seasoned defense counsel has learned, sometimes - in fact usually quite often - the Federal Rules of Criminal Procedure just don't mean what they say. Rule 11(e)(2) of the Fed.R.Crim.P. …

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton) by Here the Court granted a downward departure to an alien who consented to deportation, even though the Government objected due to the defendant's failure to plead guilty. The Court held that the …

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White) by The Court also conlcuded that "Although Rule 16 does not control this case, it provides a helpful point of reference for our analysis by describing the district court's authority to remedy discovery infractions in …

U.S. v. Chee, No. 96-10200 (9th Cir.) (110 F.3d 1489) (April 16, 1997) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists

U.S. v. Chee, No. 96-10200 (9th Cir.) (110 F.3d 1489) (April 16, 1997) (Judge Melvin Brunetti) by This case is noted principally for Judge Fernandez' dissent in which he argues that the defendant should have received the third level of the acceptance of responsibility sentence reduction. The district court denied …

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore)

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

Filed under: Retaliation, Punch And Jurists

Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore) by This is an important decision about the rights of jailhouse lawyers as well as a source of much of the current law on the rights of prisoners generally; and for those reasons …

U.S. v. Asrar, No. 96-56805 (9th Cir.) (108 F.3d 217) (March 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Asrar, No. 96-56805 (9th Cir.) (108 F.3d 217) (March 3, 1997) (Per Curiam) by Lozada v. United States, 107 F.3d 1011 (2nd Cir. 1997) (Judge Newman) Houchin v. Zavaras, 107 F.3d 1465 (10th Cir. 1997) (Judge Henry) United States v. Asrar, 108 F.3d 217 (9th Cir. 1997) (Order) …

U.S. v. Eidson, No. 94-2330 (11th Cir.) (108 F.3d 1336) (March 31, 1997) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Continuing Offenses

U.S. v. Eidson, No. 94-2330 (11th Cir.) (108 F.3d 1336) (March 31, 1997) (Judge Phyllis A. Kravitch) by Court held that an admission of a single prior discharge of pollutants justified a sentence enhancement based on an "ongoing, continuous or repetitive discharge".

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott) by Case held that a general waiver of the right to appeal a sentence does not cover an action to appeal a restitution order, because restitution is not calculated using the Guidelines, but …