Search | Punch and Jurists

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Gonzalez-Soberal, No. 95-2013 (1st Cir.) (109 F.3d 64) (March 26, 1997) (Judge Juan R. Torruella) by After his conviction on a number of drug-related charges, the defendant in this case appealed, arguing principally that the district court had committed several reversible errors during the jury selection process. Among …

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. Grubbs, No. 96-351-CR (S.D.Fla.) (953 F.Supp. 396) (January 27, 1997) (Judge Norman C. Jr. Roettger)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Grubbs, No. 96-351-CR (S.D.Fla.) (953 F.Supp. 396) (January 27, 1997) (Judge Norman C. Jr. Roettger) by This somewhat amusing musing involved the sad tail of an Assistant U.S. Attorney who was on her way home for the weekend on Friday evening in Miami. While waiting for a train …

U.S. v. Haro-Salcedo, No. 96-4053 (10th Cir.) (107 F.3d 769) (February 19, 1997) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Haro-Salcedo, No. 96-4053 (10th Cir.) (107 F.3d 769) (February 19, 1997) (Judge John C. Porfilio) by Here, although the Court held that a warrantless search of a car by the DEA exceeded the scope of a permissible inventory search, it also held that the cocaine seized from the …

U.S. v. Williams, No. 96-1043 (8th Cir.) (109 F.3d 502) (March 28, 1997) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 96-1043 (8th Cir.) (109 F.3d 502) (March 28, 1997) (Judge Floyd R. Gibson) by Court held that the defense of sentencing entrapment was not available where the defendant showed a disposition to deal in smaller quantities of drugs than were ultimately offered by Government since defendant …

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 April, 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 Here a Magistrate refused to allow the admission of polygraph evidence in a civil rights lawsuit against the police, concluding that while the witness may have been qualified, the scientific reliability of polygraph evidence …

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Threats

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella) by Here the court rejected as untenable the "reasonable recipient standard" - I.e., whether an ordinary, reasonable recipient would interpret the statements as a threat - because in that case "a defendant may …

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 The court explained the "necessary compulsion test" of Rule 704(b) which prohibits an expert's testimony about whether the defendant had the mens rea for the crime but permits testimony about his mental …

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson) by Here the defendant received a sentence enhancement of four points for use of a dangarous weapon - namely a car. In reejecting his claim of impermissible double counting, the Court concluded that …

In Re Sealed Case, No. 96-3085 (D.C. Cir.) (107 F.3d 46) (March 4, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Attorney/Client

In Re Sealed Case, No. 96-3085 (D.C. Cir.) (107 F.3d 46) (March 4, 1997) (Judge A. Raymond Randolph) by The Court emphasized that two conditions must be met before the crime fraud exception can be invoked:, namely the client must have made or received the otherwise privileged communication with the …

U.S. v. Leos-Quijada, No. 95-2100 (10th Cir.) (107 F.3d 786) (February 20, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists

U.S. v. Leos-Quijada, No. 95-2100 (10th Cir.) (107 F.3d 786) (February 20, 1997) (Judge Stephen H. Anderson) by This is one of those shocking - almost laughable - cases where the Government attempted to involve the defendants in a drug trafficking scheme on the basis of evidence that even the …

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, Fair Trial

U.S. v. Neill, No. Crim. No. 95-0323 (D.D.C.) (952 F.Supp. 834) (January 17, 1997) (Judge Joyce Hens Green) by QUOTE OF THE WEEK - Does the Government have the right to break the law in its efforts to stop crime? "Decency, security, and liberty alike demand that government officials shall …

U.S. v. Paredes, No. 96 Cr. 286 (SAS) (S.D.N.Y.) (950 F.Supp. 584) (December 9, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Jurisdiction - Manufactured

U.S. v. Paredes, No. 96 Cr. 286 (SAS) (S.D.N.Y.) (950 F.Supp. 584) (December 9, 1996) (Judge Shira A. Scheindlin) by Court granted a motion to dismiss an indictment on the grounds that the alleged jurisdictional basis for the indictment was the intrastate use of a beeper. With obvious concern about …

U.S. v. Bongiorno, No. 96-1052 (1st Cir.) (106 F.3d 1027) (February 7, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Federal Debt Collection Procedures Act (FDCPA)

U.S. v. Bongiorno, No. 96-1052 (1st Cir.) (106 F.3d 1027) (February 7, 1997) (Judge Bruce M. Selya) by Here the Court held that while restitution is expressly included among the debts that may be collected under the Federal Debt collection Act, it may not be used as a vehicle to …

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by This case raises an unusual Sixth Amendment issue: Once a defendant has been indicted, and the Government knows he is represented by counsel, does the right to counsel carry over to subsequent …

U.S. v. Edwards, No. 94-3805 (7th Cir.) (105 F.3d 1179) (January 30, 1997) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Edwards, No. 94-3805 (7th Cir.) (105 F.3d 1179) (January 30, 1997) (Judge Frank H. Easterbrook) by Case rejected the more general rule that when a jury returns a general verdict to a conspiratorial agreement covering multiple drugs, the defendants must be sentenced as if the conspirators distributed only …

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum) by Court held that sentencing court did not engage in impermissible double counting by imposing enhancements under USSG § 4A1.1(d) after it had already imposed enhancements for the same conduct under § 4A1.1(c) …

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Klein Type Conspiracy

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin) by United States v. Goldberg, 105 F.3d 770 (1st Cir. 1997) (Judge Boudin) United States v. Carrozzella, 105 F.3d 796 (2nd Cir. 1997) (Judge Winter) Both the Goldberg case from the First Circuit and …

U.S. v. Spy Factory, Inc., No. S1 95 cr 737 (SS) (S.D.N.Y.) (951 F.Supp. 450) (January 8, 1997) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Spy Factory, Inc., No. S1 95 cr 737 (SS) (S.D.N.Y.) (951 F.Supp. 450) (January 8, 1997) (Judge Sonia Sotomayor) by This case explores in depth two issues: whether the defendants were entitled to a change of venue and whether the criminal statutes involved (principally 18 U.S.C. § 2512, …

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Confessions - Bugging of

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan) by This is an interesting case that involves an action brought by a Catholic priest and an Archbishop against various defendants challenging a district attorney's decision to tape a suspect's confession while …