Search | Punch and Jurists

In Re Sealed Case, No. 95-3206 (D.C. Cir.) (105 F.3d 1460) (February 7, 1997) (Judge David S. Tatel)

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

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

In Re Sealed Case, No. 95-3206 (D.C. Cir.) (105 F.3d 1460) (February 7, 1997) (Judge David S. Tatel) by Case held that doctrine of co-conspirator liability could not be used to demonstrate constructive possession of a gun for purposes of denying a defendant the benefits of the safety valve provisions. …

U.S. v. Lopez, No. 95-10366 (9th Cir.) (106 F.3d 309) (February 7, 1997) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Lopez, No. 95-10366 (9th Cir.) (106 F.3d 309) (February 7, 1997) (Judge Donald P. Lay) by This case raises an interesting and timely issue: May a court grant a downward departure at sentencing based on a confluence of ethical violations by the prosecutors and defense attorneys involved? Here, …

U.S. v. Moses, No. 95-6066 (6th Cir.) (106 F.3d 1273) (February 13, 1997) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Public Welfare

U.S. v. Moses, No. 95-6066 (6th Cir.) (106 F.3d 1273) (February 13, 1997) (Judge Danny J. Boggs) by What does a judge do if she is about to sentence a defendant who she believes to be dangerously deranged, but who has already been held in pre-trial incarceration for such a …

U.S. v. Schmidt, No. 95-1117, No. 1522 (2nd Cir.) (105 F.3d 82) (January 17, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Schmidt, No. 95-1117, No. 1522 (2nd Cir.) (105 F.3d 82) (January 17, 1997) (Judge Richard J. Cardamone) by This is a case that reeks with intrigue and an elaborately staged (albeit somewhat preposterous) sting operation that involved Government agents posing as hit men and the participation of Federal …

In Re Prison Litigation Reform Act, No. 97-01 (6th Cir.) (105 F.3d 1131) (February 4, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

In Re Prison Litigation Reform Act, No. 97-01 (6th Cir.) (105 F.3d 1131) (February 4, 1997) (Judge Boyce F. Jr. Martin) by Acting under his authority as Chief Judge, Judge Martin has issued an important Administrative Order to assure uniformity throughout the Sixth Circuit in the implementation of the Prison …

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

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 two complex provisions of the Sentencing Guidelines: the meaning of "violation of any judicial process" as used in § 2F1.1(b)(4)(B) (formerly codified at § …

U.S. v. Miranda, No. Cr-96-211 (E.D.N.Y.) (951 F.Supp. 368) (December 3, 1996) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Miranda, No. Cr-96-211 (E.D.N.Y.) (951 F.Supp. 368) (December 3, 1996) (Judge I. Leo Glasser) by Here the Court held that evidence of experts, rejecting a Government agent's statement that cocaine has a very strong order, was entitled to no credence. Does cocaine smell? Well, in this case a …

U.S. v. Sposito, No. 95-1755 (1st Cir.) (106 F.3d 1042) (February 18, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Sposito, No. 95-1755 (1st Cir.) (106 F.3d 1042) (February 18, 1997) (Judge Juan R. Torruella) by The enigma of the perpetually malfunctioning Speedy Trial Clock! The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) (the "STA") states that if a defendant is not brought to trial within …

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 Here the Court held that the right to counsel for the pending charge cannot constituitionally be isolated from the right to counsel for an uncharged offense. To prevent the Government from circumventing …

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs) by QUOTE OF THE WEEK - Another view of the growing reach of Federal regulation over State crimes. "The federal courts, with less than 10% of the judges of general jurisdiction …

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, Burden of Proof

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by One of the issues raised in this case is the increasingly important question: what standard of proof applies at sentencing to support a charge of obstruction of justice under U.S.S.G. § 3C1.1? …

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, Drugs - Type or Quality of

U.S. v. Edwards, No. 94-3805 (7th Cir.) (105 F.3d 1179) (January 30, 1997) (Judge Frank H. Easterbrook) by This is an important case that deals with the type of drugs for which a defendant may be sentenced after a jury returns a general verdict of guilty. It is particularly important …

Bassett v. Singletary, No. 95-2519 (11th Cir.) (105 F.3d 1385) (February 20, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Bassett v. Singletary, No. 95-2519 (11th Cir.) (105 F.3d 1385) (February 20, 1997) (Per Curiam) by Case held that rule established in Minnick v. Mississippi, 498 U.S. 146 (1990) was a new rule of law that did not apply retroactively and thus it affirmed a conviction where the police had …

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, Sentencing Disparity

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by QUOTE OF THE WEEK - One of those hypothetical questions that will never be answered! "Do draconian sentences for first time offenders demanded by the [law] make any sense in the face …

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, Evidence - Newly Discovered

U.S. v. Pelullo, No. 95-1829 (3rd Cir.) (105 F.3d 117) (January 9, 1997) (Judge Timothy K. Lewis) by Case denied request for new trial based on alleged juror misconduct in failing to answer truthfully during voir dire.

U.S. v. Collado, No. 95-1512, No. 1811 (2nd Cir.) (106 F.3d 1097) (January 13, 1997) (Judge Alvin W. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Collado, No. 95-1512, No. 1811 (2nd Cir.) (106 F.3d 1097) (January 13, 1997) (Judge Alvin W. Thompson) by Rejecting the interpretation of every other Circuit to have ruled on the issue, the Second Circuit held that provisions of 18 USC § 851(a)(2) were ambiguous and could not be …

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, Clergy-Penitent privilege

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 …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Here the court held that the district court lacks jurisdiction under 8 U.S.C. § 1252a(d)(1) to order deportation absent a request by the U.S. Attorney with the concurrence of the Commissioner of …

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, Remands/Rehearings/Resentencings

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by Here the court relied on a little-used statute, 28 U.S.C. § 2106, to justify the imposition of a sentence enhancement on some counts that had not been appealed after the defendant successfully …

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker) by Although the court approved broad disclosure of information, including the realted acts of others, to qualify for a safety valve sentence reduction, it also emphasized that such information must relate to the …