Search | Punch and Jurists

U.S. v. Maisonneuve, No. 2:96cr17-02 (D.Vt.) (954 F.Supp. 114) (January 30, 1997) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Maisonneuve, No. 2:96cr17-02 (D.Vt.) (954 F.Supp. 114) (January 30, 1997) (Judge William K. III Sessions) by As gingerly and quickly as possible, Judge Sessions approached the delicate, but explosive, issue of jury nullification by stating that "it is well settled that juries are not to consider penalties in …

U.S. v. Parker, No. 95-2018 (3rd Cir.) (108 F.3d 28) (March 7, 1997) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Parker, No. 95-2018 (3rd Cir.) (108 F.3d 28) (March 7, 1997) (Judge Carol Los Mansmann) by Court reversed district Judge Bechtle's earlier decision in which he held that the Child Support Recovery Act was unconstitutional, reasoning that the Act was a valid exercise of Congress' power under the …

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham) by United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard) United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham) Both of these cases deal with the Federal …

U.S. v. Golino, No. 95 CR 70 (JBW) (E.D.N.Y.) (956 F.Supp. 359) (February 24, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Golino, No. 95 CR 70 (JBW) (E.D.N.Y.) (956 F.Supp. 359) (February 24, 1997) (Judge Jack B. Weinstein) by United States v. Rostoff, 956 F.Supp. 38 (D.Mass 1997) (Judge Young) United States v. Golino, 956 F.Supp. 359 (E.D.N.Y. 1997) (Judge Weinstein) Although both of these restitution cases deal with …

U.S. v. Hernandez, No. 95-1328 (1st Cir.) (109 F.3d 13) (March 17, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Hernandez, No. 95-1328 (1st Cir.) (109 F.3d 13) (March 17, 1997) (Judge Juan R. Torruella) by At first glance, this is but another routine appeal from a drug conviction where the Government's sole evidence came from one of those suddenly-turned-honest drug dealers who was able to trade his …

U.S. v. Booze, No. 96-3025 (D.C. Cir.) (108 F.3d 378) (March 18, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Booze, No. 96-3025 (D.C. Cir.) (108 F.3d 378) (March 18, 1997) (Judge Judith W. Rogers) by In Re Sealed Case, 108 F.3d 372 (D.C.Cir. 1997) (Per Curiam) United States v. Booze, 108 F.3d 378 (D.C.Cir. 1997) (Judge Rogers) Both of these cases deal with the critically important question …

U.S. v. Uchimura, No. 94-10579 (9th Cir.) (125 F.3d 1282) (February 25, 1997) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Uchimura, No. 94-10579 (9th Cir.) (125 F.3d 1282) (February 25, 1997) (Judge Edward C. Jr. Reed) by Case held that the jury must decide the question of materiality under the currency reporting statute, 26 U.S.C. § 7206(1). This is an important tax case that confirms a strong split …

U.S. v. Snyder, No. CR. No. 95-10200-EFH (D.Mass.) (954 F.Supp. 19) (January 14, 1997) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices

U.S. v. Snyder, No. CR. No. 95-10200-EFH (D.Mass.) (954 F.Supp. 19) (January 14, 1997) (Judge Edward F. Harrington) by Noteworthy quote from Judge Harrington in which he criticized the "unbridled power, unchecked by judicial scrutinity" which enables prosecutors to impose grossly disproportionate sentences by virtue of their charging decisions. QUOTE …

Cooper v. Pickens County, Ala., No. Civ. 95-C-2947-W (N.D.Ala.) (955 F.Supp. 1390) (January 28, 1997) (Judge U. W. Clemon)

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

Filed under: Punch And Jurists, Prison Conditions

Cooper v. Pickens County, Ala., No. Civ. 95-C-2947-W (N.D.Ala.) (955 F.Supp. 1390) (January 28, 1997) (Judge U. W. Clemon) by In what is likely to be one of the last cases of its kind, the court granted relief to prisoners in this case after concluding that the jail conditions were …

U.S. v. Ortland, No. 96-10175 (9th Cir.) (109 F.3d 539) (March 18, 1997) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists

U.S. v. Ortland, No. 96-10175 (9th Cir.) (109 F.3d 539) (March 18, 1997) (Judge Ferdinand F. Fernandez) by In this case the Court vacated a sentence on the grounds that the defendant's sentence on four of five counts for which he was convicted was increased by Guidelines' provisions which were …

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach) by Here the Court rejected the lower court's decision to depart upwards because the sentence was comparatively light based on a number of factors including its conclusion that the sentence undervalued the seriousness …

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Wilson, No. 96-3062 (10th Cir.) (107 F.3d 774) (February 20, 1997) (Judge Robert H. Henry) by While this case is noted primarily to show the impact of the Supreme Court’s recent decision in Old Chief v. U.S., 136 L.Ed.2d 574 (1997), it is also noted to show an …

U.S. v. Rivera-Santiago, No. 95-1843 (1st Cir.) (107 F.3d 960) (March 10, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Rivera-Santiago, No. 95-1843 (1st Cir.) (107 F.3d 960) (March 10, 1997) (Per Curiam) by Case held that district court committed reversible error by culling from the record only a portion of the Government's direct examination of a witness in response to the jury's open ended request for information.

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Constitutional Challenges

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian) by Klinger v. Department of Corrections, 107 F.3d 609 (8th Cir. 1997) (Judge McMillian) Inmates of Suffolk County v. Sheriff of Suffolk Cty., 952 F.Supp. 869 (D.Mass 1997) (Judge Keeton) Both of …

U.S. v. McVeigh, No. 96-CR-68-M (D.Colo.) (954 F.Supp. 1441) (January 28, 1997) (Judge Richard P. Matsch)

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

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

U.S. v. McVeigh, No. 96-CR-68-M (D.Colo.) (954 F.Supp. 1441) (January 28, 1997) (Judge Richard P. Matsch) by United States v. Viltrakis, 108 F.3d 1159 (9th Cir. 1997) (Judge Roney) United States v. McVeigh, 954 F.Supp. 1441 (D.Colo. 1997) (Judge Matsch) These two cases address another recurrent and fulminic issue: Does …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (107 F.3d 696) (February 19, 1997) (Judge Alfred T. Goodwin)

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

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (107 F.3d 696) (February 19, 1997) (Judge Alfred T. Goodwin) by This case re-visits one of the most disturbing episodes in the long and sometimes disquieting history of the DEA. It started in April 1990 with abduction from Mexico of a doctor by …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by See U.S. v. Torres, Docket No. 98-3006 (10th Cir. 7/7/99) where this approach was criricized. The Court held that because the district court did not take the defendant's prior sentence into account …

U.S. v. Breeding, No. 95-6231 (6th Cir.) (109 F.3d 308) (March 26, 1997) (Judge Patrick J. Duggan)

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

Filed under: Punch And Jurists

U.S. v. Breeding, No. 95-6231 (6th Cir.) (109 F.3d 308) (March 26, 1997) (Judge Patrick J. Duggan) by Court held that Sentencing Commission did not exceed its authority in promulgating Guideline calling for fine covering costs of incarceration and that such a fine was proper even before Congress explicitly provided …

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima) by Here the Court explored the meaning of the "fully taken into account language" of USSG § 5G1.3(b) for purposes of determining when and whether a new Federal sentence must be imposed concurrent …