Search | Punch and Jurists

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy) by One of the pretend rules that exists in our criminal justice system is that a defendant has a right to a reasonable expectation of finality about his sentence once his sentence is …

Jean v. Collins, No. 95-7694 (4th Cir.) (107 F.3d 1111) (March 7, 1997) (Judge Sam J. III Ervin)

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

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

Jean v. Collins, No. 95-7694 (4th Cir.) (107 F.3d 1111) (March 7, 1997) (Judge Sam J. III Ervin) by

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat) 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 …

U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood) by In this case, two defendants were charged with an assortment of crimes stemming from four separate armed bank robberies. The charges were severed into two trials. After they were convicted on all …

In Re Sealed Case, No. 96-3036 (D.C. Cir.) (108 F.3d 372) (March 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

In Re Sealed Case, No. 96-3036 (D.C. Cir.) (108 F.3d 372) (March 14, 1997) (Per Curiam) 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 of …

U.S. v. Gaydos, No. 95-3468 (3rd Cir.) (108 F.3d 505) (March 14, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists

U.S. v. Gaydos, No. 95-3468 (3rd Cir.) (108 F.3d 505) (March 14, 1997) (Judge Richard L. Nygaard) 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. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Lowe, No. Cr. No. 95-10404-PBS (D.Mass.) (954 F.Supp. 401) (January 16, 1997) (Judge Patti B. Saris) by This detailed and technical decision analyzes the use of DNA testing (using both the RFPL and PCR methods) under Fed.R.Evid. 702, and Judge Saris concluded that it was sufficienlty reliable to …

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat) by Contrary to the rule in most other Circuits, here the Eleventh Circuit holds that, under its precedent, the law "clearly authorizes delegation of payment schedules to the probation office". United States v. …

Jesionowski v. Beck, No. Civ. 94-10434-MLW (D.Mass.) (955 F.Supp. 149) (March 6, 1997) (Judge Magistrate)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

Jesionowski v. Beck, No. Civ. 94-10434-MLW (D.Mass.) (955 F.Supp. 149) (March 6, 1997) (Judge Magistrate) by This significant case overrules the long standing precedent in the Fifth Circuit that polygraph evidence is per se inadmissible for any purpose. The lower court had refused to allow the defendants to use polygraph …

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy) by This decision contains a detailed discussion of Guideline Amendment No. 500, and particularly Application Note 2 to the Commentary to § 3B1.1, which "was added to clarify confusion amongst the circuit courts …

U.S. v. Cabrales, No. 96-3080WM (8th Cir.) (109 F.3d 471) (March 24, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Cabrales, No. 96-3080WM (8th Cir.) (109 F.3d 471) (March 24, 1997) (Judge Richard S. Arnold) by Court held that money laundering charges were improperly brought in Missouri (where the unlawful funds were purportedly derived) and not in Florida (where the alleged money laundering took place).

U.S. v. Carraway, No. 94-`938 (7th Cir.) (108 F.3d 745) (March 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Carraway, No. 94-`938 (7th Cir.) (108 F.3d 745) (March 5, 1997) (Per Curiam) by Here, while the court agreed that the admission into evidence fact that five non-testifying co-defendants had pled guilty was more prejudicial than probative, the error was rendered harmless due to the curative instructions given …

U.S. v. Washington, No. 96-2586 (8th Cir.) (109 F.3d 459) (March 24, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Washington, No. 96-2586 (8th Cir.) (109 F.3d 459) (March 24, 1997) (Judge James B. Loken) by Here the Court did acknowledge that Rule 11(e)'s prohibition against judicial participation in any discussions about a possible plea agreement is an "absolute prohibition" that applies to judicial participation in plea negotiations …

Rashad v. Burt, No. 96-1040 (6th Cir.) (108 F.3d 677) (March 14, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists

Rashad v. Burt, No. 96-1040 (6th Cir.) (108 F.3d 677) (March 14, 1997) (Judge Boyce F. Jr. Martin) by In this case, the habeas corpus petitioner's arresting officers discovered cocaine in his house and in his car a week later, which had been impounded since the search. In separate proceedings, …

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran) by This case is noted because it is one of those rare cases in which a judge ruled that the Government's factual allegations were insufficient to support …

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion) by Case held that defendant does not have the right under either the Sentencing Guidelines or the Federal Rules of Criminal Procedure to subpoena witnesses to contradict evidence contained in presentence report or …

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson) by This en banc decision reverses an old Ninth Circuit decision, U.S. v. Brodie, 858 F.3d 492 (9th Cir. 1988), which held that Rule 704(b) of the Fed.R.Evid. precluded an expert witness from …

U.S. v. Rostoff, No. Civ. No. 96-10558 (WGY) (D.Mass.) (956 F.Supp. 38) (January 13, 1997) (Judge William G. Young)

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

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

U.S. v. Rostoff, No. Civ. No. 96-10558 (WGY) (D.Mass.) (956 F.Supp. 38) (January 13, 1997) (Judge William G. Young) 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. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook) by In what is probably the first case to address the meaning of "threats" within the meaning of the Three Strikes Statute, the court held that term encompasses a communicated expression that the …

Singleton v. Norris, No. 95-3032 (8th Cir.) (108 F.3d 872) (March 12, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 95-3032 (8th Cir.) (108 F.3d 872) (March 12, 1997) (Judge Roger L. Wollman) by The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, …