Search | Punch and Jurists

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, Revocation Proceedings

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. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington) by Court dismissed new indictment on gun charges after State court acquitted defendant on murder charge. Judge Harrington from Massachusetts wrote a scorching opinion in the Stokes case, as he emphatically dismissed …

U.S. v. Lopez, No. 95-30230 (9th Cir.) (104 F.3d 1149) (January 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Lopez, No. 95-30230 (9th Cir.) (104 F.3d 1149) (January 14, 1997) (Per Curiam) by This Guideline case considers the arcane and confusing topic of "grouping" offenses under U.S.S.G. § 3D1.2. Essentially, that section permits closely related counts to be grouped for sentencing purposes so the ultimate sentence is …

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by Conviction reversed based on violations of Federal Rules of Evidence including admission of highly prejudicial reports of bank examinations that were irrelevant to issues.

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 Case held that when a defendant has secreted proceeds from an illegal activity, the illegal proceeds are presumed to be assets of the defendant unless he proves otherwise.

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (104 F.3d 507) (January 17, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Exigent Circumstances

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (104 F.3d 507) (January 17, 1997) (Judge Juan R. Torruella) by Here the Court stated: "We have never held, and do not now hold, that police pursuit of the subject of an arrest warrant automatically justifies the warrantless entry of …

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy) by Here the Court affirmed the imposition of a fencing enhancement under § 2B1.1(b)(4)(B) because the Court found that the defendant received and sold stolen goods for profit over an extended period of …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

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 …

U.S. v. Smith, No. 96-2934 (7th Cir.) (103 F.3d 531) (December 19, 1996) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 96-2934 (7th Cir.) (103 F.3d 531) (December 19, 1996) (Judge Terrence T. Evans) by An oft-cited principle of criminal law is that, to avoid implicating double jeopardy concerns, a defendant has a right to expect finality with regard to his sentence once it has been imposed. …

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (102 F.3d 1319) (December 27, 1997) (Per Curiam) by Last week we reviewed a Tenth Circuit en banc decision (U.S. v. Wiles, 102 F.3d 1043 (10th Cir. 1996)) which explored at some length some of the confusion that has arisen among …

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 Court rejected claim of prejudicial joinder because of absence of proof of prejudice and because it held that jury instructions cured any error. This multi-issue appeal arose from a two-year long sting operation in …

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 - Multiple Loss Causation

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by Without establishing any general rule for tax cases, the Court did affirm the concept that "multiple loss causation" is "a permissible, indeed, even . . . encouraged grounds for departure under the Guidelines." (Id., …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by Here the Court reversed a conviction of intentional killing in furtherance of CCE on grounds that district court improperly admitted questionable evidence of a prior uncharged murder. While the theme of …

U.S. v. Gomez, No. 96-1074, No. 191 (2nd Cir.) (103 F.3d 249) (January 7, 1997) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Gomez, No. 96-1074, No. 191 (2nd Cir.) (103 F.3d 249) (January 7, 1997) (Judge Wilfred Feinberg) by Here the Court held that a lack of financial capacity to purchase drugs in question is irrelevant for sentencing purposes, since the defense only applies where the defendant is accused of …

U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr) by This decision considered the so-called "in the business of receiving and selling stolen property" ("ITB") enhancement contained in § 2B1.1(b)(4)(B). The defendant argued that it was error for the district court to …

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by Two interesting issues were raised in this appeal from dual convictions for distribution of crack/cocaine and possession with intent to distribute crack/cocaine. First, the defendant argued that the lower court erred by not …

U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan)

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

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

U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan) by Here the Court affirmed the district court's use of the commentary to USSG § 2D1.1 when interpreting whether a defendant possessed a weapon within the meaning of USSG § 5C1.2(2) so as …

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum) by United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle) United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum) With so few criminal cases going to trial these …

U.S. v. Draves, No. 96-1408 (7th Cir.) (103 F.3d 1328) (January 3, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists

U.S. v. Draves, No. 96-1408 (7th Cir.) (103 F.3d 1328) (January 3, 1997) (Judge Jesse E. Eschbach) by The Court observed: "Under the 'conscious avoidance' or 'ostrich doctrine', knowledge may in some circumstances be inferred from strong suspicion of wrongdoing coupled with active indifference to the truth. . . . …

In Re Grand Jury, No. 95-7354 (3rd Cir.) (103 F.3d 1140) (January 9, 1997) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Parent/Child Privilege

In Re Grand Jury, No. 95-7354 (3rd Cir.) (103 F.3d 1140) (January 9, 1997) (Judge Leonard I. Garth) by In this decision the Third Circuit considered, and rejected, a number of appeals based on a common issue: should the court recognize a parent-child privilege to prevent the Government from compelling …