Search | Punch and Jurists

U.S. v. Messner, No. 96-3146 (10th Cir.) (107 F.3d 1448) (February 19, 1997) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Messner, No. 96-3146 (10th Cir.) (107 F.3d 1448) (February 19, 1997) (Judge John C. Porfilio) by United States v. Messner, 107 F.3d 1448 (10th Cir. 1997) (Judge Porfilio) United States v. Fuentes, 107 F.3d 1515 (11th Cir. 1997) (Judge Tjoflat) A number of interesting restitution issues are raised …

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg) by This case dealt with the almost impossible to win issue of whether the indictment that was brought was legally sufficient; and while the majority's decision concluded, in a somewhat pedestrian manner, that …

U.S. v. Blake, No. 96-2933 (8th Cir.) (107 F.3d 651) (February 26, 1997) (Judge Donald D. Alsop)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Blake, No. 96-2933 (8th Cir.) (107 F.3d 651) (February 26, 1997) (Judge Donald D. Alsop) by This is one of the first cases to discuss the Supreme Court's decision in Old Chief v. U.S., 136 F.3d 574, where it ruled that it was an abuse of discretion for …

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, Sentences - Authority to Modify

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 …

U.S. v. Brock, No. 96-4405 (4th Cir.) (108 F.3d 31) (February 28, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Brock, No. 96-4405 (4th Cir.) (108 F.3d 31) (February 28, 1997) (Judge William W. Jr. Wilkins) by Here, based largely on Koon v. U.S., the Fourth Circuit re-evaluated its former position and held that post-offense rehabilitation efforts may justify a downward departure - but see USSG § 5K2.19 …

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 United States v. Blake, 107 F.3d 651 (8th Cir. 1997) (Judge Alsop) United States v. Wilson, 107 F.3d 774 (10th Cir. 1997) (Judge Henry) These are two of the first reported cases …

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey) by

Davis v. Crabtree, No. 96-35516 (9th Cir.) (109 F.3d 566) (March 20, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Davis v. Crabtree, No. 96-35516 (9th Cir.) (109 F.3d 566) (March 20, 1997) (Judge A. Wallace Tashima) by Here the court rejected the BOP's assertion that it could exercise "broad discretion to adopt any reasonable definition of a 'non-vioilent offense'. " Relying heavily on its ruling in Downey v. Crabtree, …

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, Prejudice - Potential for Undue

U.S. v. Carraway, No. 94-`938 (7th Cir.) (108 F.3d 745) (March 5, 1997) (Per Curiam) by This was one of those massive drug conspiracy cases that charged twenty-seven people as co- conspirators. Twenty two of them pled guilty; and five went to trial. One of the many issues raised in …

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer) by This case points out another of the many traps in proffer agreements. The defendant signed a proffer agreement that contained a provision that appeared to offer him limited immunity for state ments …

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 This is an important (and controversial) double jeopardy case in which the Sixth Circuit held that the Supreme Court's "same elements" test outlined in Blockburger v. U.S. does not apply in …

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby) by Case is noted for its discussion of the Congressional history of the money laundering statute and its conclusion that Congress did not intend to create a statute punishing mere "money spending.".

U.S. v. Neill, No. Crim. No. 95-0323 (D.D.C.) (952 F.Supp. 834) (January 17, 1997) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Invasion of Defense Camp

U.S. v. Neill, No. Crim. No. 95-0323 (D.D.C.) (952 F.Supp. 834) (January 17, 1997) (Judge Joyce Hens Green) by This rather extraordinary case depicts a new level of prosecutorial misconduct and portends a new, thoroughly outrageous, tactic that is certain to grow like wildfire now that Judge Green has found …

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell) by The defendant in this case was convicted of the usual tandem of drug and gun crimes, and he was sentenced to 81 months imprisonment. After serving the full 21 months imposed for …

U.S. v. Brown, No. 96-1414 (8th Cir.) (108 F.3d 863) (March 11, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Brown, No. 96-1414 (8th Cir.) (108 F.3d 863) (March 11, 1997) (Judge David R. Hansen) by Court affirmed granting of new trial based on jury's improper consideration of intrinsic evidence and held that trial judge's examination of jurors did not violate mandates of Rule 606(b) of the Fed.R.Evid.

Somers v. Thurman, No. 96-55534 (9th Cir.) (109 F.3d 614) (March 25, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Somers v. Thurman, No. 96-55534 (9th Cir.) (109 F.3d 614) (March 25, 1997) (Judge Stephen S. Trott) by This case is noted for the Court's conclusion that "it is highly questionable even today whether prison inmates have a Fourth Amendment right to be free from routine unclothed searches by officials …

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder) by

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (108 F.3d 1041) (March 6, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (108 F.3d 1041) (March 6, 1997) (Judge John T. Jr. Noonan) by The defendant in this case, a ophthalmologist, was charged in a massive 217 count indictment with numerous counts of Medicare fraud, mail fraud and engaging in monetary transactions in property derived …

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker) by

Walters v. McCormick, No. 94-35684 (9th Cir.) (108 F.3d 1165) (March 12, 1997) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Witnesses - Examination of

Walters v. McCormick, No. 94-35684 (9th Cir.) (108 F.3d 1165) (March 12, 1997) (Judge Jerome Farris) by This "unprecedented" habeas corpus case takes the cake as a blatant example of coaching witnesses to achieve a conviction; but to understand what happened, one must read the descriptive dissenting opinion of Judge …