Search | Punch and Jurists

U.S. v. Smith, No. 95-8120 (11th Cir.) (106 F.3d 350) (February 20, 1997) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Smith, No. 95-8120 (11th Cir.) (106 F.3d 350) (February 20, 1997) (Judge Rosemary Barkett) by The issue in this case was whether a defendant may be denied a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b) when he admits the factual basis for his guilt, but …

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) by This is a powerful and disturbing decision by Judge Hawkins of South Carolina in which he dismissed with prejudice a series of indictments against a number of legislators due to egregious prosecutorial misconduct …

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam)

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

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

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam) by See also U.S. v. Cleveland, 106 F.3d 1056 (1st Cir. 1997). In this case, the defendant, a bailiff working for the local Sheriff's office, pled guilty to knowingly using and carrying a firearm in …

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé) by In this case, after the trial court had ruled that the Government would be allowed to introduce evidence of the defendant's prior conviction if he chose to testify. In order to …

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal with substantially similar collateral appeals …

In Re Grand Jury Proceedings, Unemancipated Minor, No. CY-96-1454A-01 (E.D.Wash.) (949 F.Supp. 1487) (December 17, 1996) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Parent/Child Privilege

In Re Grand Jury Proceedings, Unemancipated Minor, No. CY-96-1454A-01 (E.D.Wash.) (949 F.Supp. 1487) (December 17, 1996) (Judge Robert H. Whaley) by Recently, the Third Circuit, case considered, but refused to recognize, any parent-child privilege that would prevent one family member from testifying against another in Federal criminal proceedings. (See, In …

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith) by QUOTE OF THE WEEK - The demonizing game of tacking skins of victims to the wall! "While lawyers representing private parties may -- indeed, must -- do everything ethically permissible to advance …

U.S. v. Martinez, No. 96-40483 (5th Cir.) (106 F.3d 620) (February 13, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Martinez, No. 96-40483 (5th Cir.) (106 F.3d 620) (February 13, 1997) (Judge Patrick E. Higginbotham) by In this case the defendant falsely identified himself as his brother at a preliminary hearing in order to conceal his criminal record. He later pled guilty to a perjury charge and the …

U.S. v. Wilson, No. 95-31152 (5th Cir.) (105 F.3d 219) (January 28, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Wilson, No. 95-31152 (5th Cir.) (105 F.3d 219) (January 28, 1997) (Per Curiam) by This case adds a new twist to the fine art of parsing the commonly-applied rule that a co-conspirator is responsible for the acts of another member of the conspiracy. Here the defendant pleaded guilty …

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers) by Here the court affirmed a drug conviction even though the Government and its chief witness agreed it was unlikely that the defendant participated in some prior drug transactions, because "nothing required the …

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell)

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

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

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell) by See also U.S. v. Muscarello, 106 F.3d 636 (5th Cir. 1997). Case is noted because it is one of two cases that the Supreme Court has agreed to hear to resolve the …

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter) by This decision contains a detailed analysis of the meaning of "violation of any judicial process" as used in § 2F1.1(b)(4)(B) - formerlly codified at § 2F1.1(b)(3)(B) - of the Guidelines. Here, …

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 This case is noted because it shows why the Government so frequently charges tax offenders under the general conspiracy laws, rather than under the tax laws that more accurately describe and define the …

Coupar v. U.S. Dept. of Labor, No. 95-70400 (9th Cir.) (105 F.3d 1263) (January 30, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

Coupar v. U.S. Dept. of Labor, No. 95-70400 (9th Cir.) (105 F.3d 1263) (January 30, 1997) (Judge Jr. William C. Canby) by Justice Brennan's famous quote about the plight of prisoners who are banished to a separate and forgotten Netherworld. QUOTE OF THE WEEK - Prisoners - Members of a …

Peck v. U.S., No. 94-244, No. 1021 (2nd Cir.) (106 F.3d 450) (January 30, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

Peck v. U.S., No. 94-244, No. 1021 (2nd Cir.) (106 F.3d 450) (January 30, 1997) (Judge John M. Jr. Walker) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal …

U.S. v. Washington, No. 95-3097 (D.C. Cir.) (106 F.3d 983) (February 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Washington, No. 95-3097 (D.C. Cir.) (106 F.3d 983) (February 21, 1997) (Per Curiam) by This case involved a giant reverse-sting operation that was orchestrated by the FBI against numerous members of the D.C. Metropolitan Police Force. The defendants were convicted of a number of drug and gun charges …

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by [Editor's Note: See U.S.S.G. § 5K2.19, Post-Sentencing Rehabilitative Efforts (Policy Statement), which became effective on Nov. 1, 2000, and which made post-sentencing rehabilitative efforts, "even if exceptional," a probibited factor for downward …

U.S. v. Angotti, No. 94-50216 (9th Cir.) (105 F.3d 539) (January 28, 1997) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists

U.S. v. Angotti, No. 94-50216 (9th Cir.) (105 F.3d 539) (January 28, 1997) (Judge Mary M. Schroeder) by Although the concept of "venue" is deeply enshrined in Article III, § 2 of the Constitution, as well as in 18 U.S.C. § 3232 and Rule 18 of the Fed.R.Crim.P., it is …

U.S. v. Tenzer, No. 95 Cr. 1016(CLB) (S.D.N.Y.) (950 F.Supp. 554) (September 10, 1996) (Judge Charles L. Brieant)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Tenzer, No. 95 Cr. 1016(CLB) (S.D.N.Y.) (950 F.Supp. 554) (September 10, 1996) (Judge Charles L. Brieant) by Relying on the defendant's compliance with the IRS's Voluntary Disclosure Policy before any criminal investigation was begun, the Court granted motion to dismiss indictment for failure to file income tax returns. …

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Chain of Custody

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers) by Here the Court held that an unexplained 12-day delay in placing drugs under seal was harmless error.