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Article • March 1, 1997 • from P&J April, 1997
U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) 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 their …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Alkhabaz, No. 95-1797 (6th Cir.) (104 F.3d 1492) (January 29, 1997) (Judge Boyce F. Jr. Martin) by Court affirmed dismissal of indictment on grounds that communications via e-mail expressing sexual interest in violence against women did not constitute "communications containing a threat.". Over the strong dissent of Judge …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Porotsky, No. 96-1479, No. 1010 (2nd Cir.) (105 F.3d 69) (January 15, 1997) (Per Curiam) by Here the Court vacated a sentence because travel restrictions imposed were not reasonably related to the defendant's rehabilitation or the public interest - the twin goals of probation. In a tersely worded …
Article • March 1, 1997 • from P&J March, 1997
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 …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley) by QUOTE OF THE WEEK - One view of the inexorable expansion of Federal regulation over everything. "The Congress has had a recent penchant for passing a federal criminal statute on any well-publicized …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Cothran, No. 96-8191 (11th Cir.) (106 F.3d 1560) (March 11, 1997) (Judge James C. Hill) by Case held that on a resentencing based on Guideline Amendment 516 the district court is not free, under 18 USC § 3582(c)(2) to reexamine the factual determination of the number of marijuana …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé) by Here the court reversed a major bank fraud conviction because the trial court refused to grant a mid-trial severance to a defendant after evidence of a co-defendant's contempt conviction had been …
Article • March 1, 1997 • from P&J March, 1997
Filed under: Punch And Jurists
U.S. v. Podde, No. 96-1094, No. 1889 (2nd Cir.) (105 F.3d 813) (January 29, 1997) (Judge Guido Calabresi) by In 1988, one of the defendants in this case pled guilty to a money structuring charge in exchange for which the Government agreed to drop a number of other counts. He …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs) by In 1995, Lewis Matthews was a tenant at the Kenmore Hotel, the largest single-room occupancy hotel in New York City. A handyman, employed by a private maintenance firm, was repairing …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Idowu, No. 96-3014 (D.C. Cir.) (105 F.3d 728) (February 7, 1997) (Judge A. Raymond Randolph) by This case presents an interesting defense to a charge of being in the United States without the permission of the Attorney General, in violation of 8 U.S.C. § 1326 (a) and (b)(1). …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively) by Case held that evidence was insufficient to support finding that defendant carried a firearm during and in relation to a drug trafficking offense where unloaded gun was found in zippered gym back in …
U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by While the theme of this case is the ugly subject of murder, the principal issue raised transcends that heinous crime and explores an important facet of the use of so-called "bad …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Rybar, No. 95-3185 (3rd Cir.) (103 F.3d 273) (December 30, 1996) (Judge Dolores K. Sloviter) by The defendant in this case, a federally licensed firearms dealer, entered a conditional guilty plea to the crimes of unlawful possession of a machine gun in violation of 18 U.S.C. § 922(o)(1) …
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists
U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood) by One of the issues raised in this appeal was whether the Government pushed too hard by seeking separate convictions and sentences for the simultaneous possession of a firearm and ammunition in violation …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Kassouf, No. 95 CR 199 (N.D.Ohio) (948 F.Supp. 36) (November 19, 1996) (Judge Lesley Brooks Wells) by Case vacated an obstruction of administration of Internal Revenue Code on grounds that defendant's prefiling actions did not constitute intentional obstruction of administration of Internal Revenue Code. This tax case reviews …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Lussier, No. 96-1110, No. 354 (2nd Cir.) (104 F.3d 32) (January 9, 1997) (Judge Jon O. Newman) by In 1995, the Second Circuit the Second Circuit flatly held that "Because improperly ordered restitution constitutes an illegal sentence and amounts to plain error [the failure of the defendant to …
Article • February 1, 1997 • from P&J February, 1997
In Re Grand Jury, No. 95-7354 (3rd Cir.) (103 F.3d 1140) (January 9, 1997) (Judge Leonard I. Garth) by In Re Grand Jury, 103 F.3d 1140 (3rd Cir. 1997) (Judge Garth) United States v. Lowe, 948 F.Supp. 97 (D.Mass. 1996) (Judge Saris) Both of these decisions involve requests for a …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by Court held that Government's use or peremptory challenges did not violate the rules established by the Supreme Court in Batson v. Kentucky, 479 U.S. 79 (1986). This multi-issue appeal arose from a two-year long …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman) by In this case, the Eighth Circuit approved a broad expansion of the use of DNA evidence and the PCR method of testing in criminal cases as a form of scientific evidence …
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Threats
U.S. v. Myers, No. 95-20969 (5th Cir.) (104 F.3d 76) (January 14, 1997) (Judge Jerry E. Smith) by Here the Court strongly disagreed with the Ninth Circuit's view that § 875(c) is a specific intent statute, stating that the Ninth Circuit view "is something of an outlier within Ninth Circuit …
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