Search | Punch and Jurists

U.S. v. Mercedes, No. 90 CR 450 (RWS) (S.D.N.Y.) (1997 WL 458740) (August 12, 1997) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Mercedes, No. 90 CR 450 (RWS) (S.D.N.Y.) (1997 WL 458740) (August 12, 1997) (Judge Robert W. Sweet) by Here the court held that when a prisoner is released prior to expiration of his sentence through no fault and the authorities make no attempt over a lengthy period of …

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, Predisposition/Inducement

U.S. v. Washington, No. 95-3097 (D.C. Cir.) (106 F.3d 983) (February 21, 1997) (Per Curiam) by Although the Court failed to grant any relief, it at least acknowledged the "derivative entrapment defense" where a defendant is induced to commit a crime derivatively when the inducement comes from a pawn of …

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins) by Case held that the Government was prejudiced by not receiving advance notice of downward departure on grounds not identified in presentence report, and that a sentence of probation based on aberrant conduct …

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman) by Court held that when bullet that injured bystander came from a guard and not one of the defendants, the sentence enhancement under § 2B3.1(b)(3) was still applicable to the defendnants.

U.S. v. Marsh, No. 94-2232 (4th Cir.) (105 F.3d 927) (January 31, 1997) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists

U.S. v. Marsh, No. 94-2232 (4th Cir.) (105 F.3d 927) (January 31, 1997) (Judge H. Emory Jr. Widener) by Case held that a failure to comply with the notice requirements specified in U.S. v. James Daniel Good, 510 U.S. 43 (1993) did not immunize the property from forfeiture. In this …

Barnes v. Winchell, No. 95-4008 (6th Cir.) (105 F.3d 1111) (February 3, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Immunity - Judicial

Barnes v. Winchell, No. 95-4008 (6th Cir.) (105 F.3d 1111) (February 3, 1997) (Judge Karen Nelson Moore) by Reversing the district court's ruling, the 6th Circuit held that assistance that a municipal judge provided to parties related to judge's general duty to receive charging documents and qualified as judicial acts …

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley) by One of the issues raised in this case was the constitutional validity of the so-called "Schoolyard Statute" (21 U.S.C. § 860(a)) which provides that if a defendant is convicted of committing a …

U.S. v. Santiago, No. 96 Cr. 698 (S.D.N.Y.) (950 F.Supp. 590) (December 31, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Santiago, No. 96 Cr. 698 (S.D.N.Y.) (950 F.Supp. 590) (December 31, 1996) (Judge Shira A. Scheindlin) by Court granted motion to suppress in grounds that a roving police patrol had no legal right to stop and search taxis on the basis of an articulated purpose of random safety …

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, UNICOR

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 Case held that prisoners who work for the Federal Prison Industries, Inc. (UNICOR) are not employees within the meaning of various Federal statutes. This case is another example …

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman) by Court held that Judge Weinstein erred as a matter of law in holding that it was not reasonably forseeable that the defendant's co-conspirators would discharge their weapons during a robbery.

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Alexander, No. 95-10401 (9th Cir.) (106 F.3d 874) (February 3, 1997) (Judge Warren J. Ferguson) by Case held that under the "law of the case doctrine" a court is generally precluded from reconsidering an issue that has already been decided by the same court or by a higher …

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by In this case the majority held that "aberrant conduct" is an "unmentioned" factor within the framework outlined by Koon v. U.S., and, as such, it requires a greater degree of proof to …

U.S. v. Steele, No. 94-3139 (11th Cir.) (105 F.3d 603) (February 11, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Practitioner Exception

U.S. v. Steele, No. 94-3139 (11th Cir.) (105 F.3d 603) (February 11, 1997) (Judge Stanley F. Jr. Birch) by In this case a registered pharmacist was charged with dispensing controlled substances in violation of 21 U.S.C. § 841(a)(1). It was alleged that he filled numerous prescriptions for various controlled substances …

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Threats

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg) by Over the strong dissent of Judge Becker, the majority found that the defendant had made an "express threat of death" for purposes if § 2B3.1(b)(2)(F) by telling a bank teller "I have …

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 This case is noted for Judge Norris' dissent in which he argued that conviction based on where a bank happens to process a loan, regardless of whether the applicant has any idea …

U.S. v. Czubinski, No. 06-1317 (1st Cir.) (106 F.3d 1069) (February 21, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Czubinski, No. 06-1317 (1st Cir.) (106 F.3d 1069) (February 21, 1997) (Judge Juan R. Torruella) by Here the Court threw out a series wire and computer fraud convictions, stating that those statutes must not be used to prosecute kinds of behavior that, while offensive to the aesthetics of …

U.S. v. Kirkland, No. 94-3180 (D.C. Cir.) (104 F.3d 1403) (January 24, 1997) (Judge Laurence H. Silberman)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Kirkland, No. 94-3180 (D.C. Cir.) (104 F.3d 1403) (January 24, 1997) (Judge Laurence H. Silberman) by Once again the D.C. Circuit affirmed its hard-and-fast rule that a claim of entrapment defeats any chance of a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. It also strongly …

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro) by This is a rare case that shows how persistence sometimes pays off. Here, a drug conviction was vacated because the First Circuit felt that the trial judge had not properly explained the …

U.S. v. Pelullo, No. 95-1829 (3rd Cir.) (105 F.3d 117) (January 9, 1997) (Judge Timothy K. Lewis)

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

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

U.S. v. Pelullo, No. 95-1829 (3rd Cir.) (105 F.3d 117) (January 9, 1997) (Judge Timothy K. Lewis) by For nearly a decade Leonard Pelullo has fought a lonely battle trying to disprove the constantly refiled charges that he engaged in a series of illegal schemes with the dreaded Mafia in …

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro) by Conviction reversed because jury instructions did not adequately explain meaning of improper inducement for purposes of entrapment defense.