Search | Punch and Jurists

Cooper v. Taylor, No. 93-7352 (4th Cir.) (103 F.3d 366) (December 31, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Plain Error

Cooper v. Taylor, No. 93-7352 (4th Cir.) (103 F.3d 366) (December 31, 1996) (Judge Paul V. Niemeyer) by But for Judge Motz' outstanding dissenting decision, one would be tempted to view this case as just another routine example of how the courts stretch to affirm convictions on the grounds that …

U.S. v. Washington, No. 96 Cr. 528 (JGK) (S.D.N.Y.) (947 F.Supp. 87) (November 12, 1996) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists

U.S. v. Washington, No. 96 Cr. 528 (JGK) (S.D.N.Y.) (947 F.Supp. 87) (November 12, 1996) (Judge John G. Koeltl) by Case rejected tax protester's contention that his conviction was invalid because the IRS failed to provide the notice of assessment as required by law because "Congress specifically imposed on individuals …

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by Here the Court held that 28 USC § 1866(e)(1) of the Jury Selection Act does not require a trial to commence within a period of 30 consecutive days; thus rejecting a claim that the …

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha) by At sentencing, the defendant in this case was ordered to pay over $6 million in restitution, arising out of a series of convictions for mail fraud, wire fraud and money laundering. He …

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by In this tax case, Judge Gertner granted a meaningful downward departure because she essentially agreed with the defendant that the monetary loss suffered by the Government significantly overstated the gravity of his offense. Judge …

Okonkwo v. Lacy, No. 95-2626, No. 1363 (2nd Cir.) (104 F.3d 21) (January 3, 1997) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Closure of Courtroom

Okonkwo v. Lacy, No. 95-2626, No. 1363 (2nd Cir.) (104 F.3d 21) (January 3, 1997) (Judge Roger J. Miner) by Here the Second Circuit essentially affirmed Judge Scheindlin's ruling that the State court's findings were inadequate to support an order closing the courtroom while an undercover agent, who feared for …

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Clawson, No. 95-50034 (9th Cir.) (104 F.3d 250) (December 27, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists

U.S. v. Clawson, No. 95-50034 (9th Cir.) (104 F.3d 250) (December 27, 1996) (Judge Alex Kozinski) by This is one of those cases that proves you can't win in the Federal criminal justice system because the playing field is not level. Here the defendant successfully moved to dismiss his original …

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by This multi-issue appeal arose from a two-year long sting operation in which the Government tempted four Washington-area suburban car salesmen with big sales of cars for cash. As usual, the incredibly busy D.C. Public …

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg)

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

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

U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg) by Court refused to rule that Drug Free Schoolyard Zones Act violated the Commerce Clause. In this case, the defendant challenged the constitutionality of his conviction under the Drug Free School- Zones Act (21 …

U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists

U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken) by The defendant in this case was a former federally licensed taxidermist who had been convicted of unlawfully selling migratory birds. As part of his sentence, the district court imposed a special condition …

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The use of multiple charges: the indispensable cudgel for legalized blackmail! One of the most pristine pages in the United States Attorneys' Manual is the page that …

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy) by "There is sufficient support in the record for the district court's decision to impose the four level increase under U.S.S.G. SS 2B1.1(b)(4)(B). Truman's Auction in Tallequah Oklahoma was a business which received …

U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch) by "In civil forfeiture cases brought by the government under § 881, U.S. Customs procedures control the allocation of the parties' burdens of proof. 21 U.S.C. § 881(d) …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker) by This is another one of those recurrent, perplexing decisions about harmless-error. Here, the defendant robbed six retail establishments in Fort Worth, Texas during a two-week period. His total take from all six …

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey) by This case deals with the sentence enhancement provided for in U.S.S.G. § 3B1.1(a) which directs the sentencing court to increase a defendant's sentence by four levels "if the defendant was an organizer …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by This is an important decision concerning the quantity of drugs that may be attributed to a defendant for purposes of sentencing under the "relevant conduct" provisions of the Sentencing Guidelines. …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by Court held that specific evidence (e.g., drug records, admissions, or live testimony) is required to calculate drug quantities for sentencing purposes. This is an important decision concerning the quantity of …