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U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

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

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

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) 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. Cordoba, No. 95-50492 (9th Cir.) (104 F.3d 225) (January 7, 1997) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Cordoba, No. 95-50492 (9th Cir.) (104 F.3d 225) (January 7, 1997) (Judge Sidney R. Thomas) by Case held that polygraph evidence is not per se inadmissible under Daubert rule. With clear concern about the inherent reliability of polygraph evidence, the Ninth Circuit becomes the second Federal Circuit Court …

Joiner v. U.S., No. 95-9344 (11th Cir.) (103 F.3d 961) (January 22, 1997) (Per Curiam)

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

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

Joiner v. U.S., No. 95-9344 (11th Cir.) (103 F.3d 961) (January 22, 1997) (Per Curiam) by Here the Eleventh Circuit held that the defendant would not have been barred as a matter of law from receiving an adjustment for acceptance of responsibility merely because he asserted an entrapment defense at …

U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam) by This is another case that considers some of the factors that should be considered by a court in appeals, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10, based on retroactive amendments to …

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. 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 Court granted a downward departure on the grounds that the Government's monetary loss overstated the gravity of the defendant's offense. Judge Gertner never disappoints. In this decision she again shows that a thoughtful and …

U.S. v. Dudley, No. 95-3134 (D.C. Cir.) (104 F.3d 442) (January 14, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Dudley, No. 95-3134 (D.C. Cir.) (104 F.3d 442) (January 14, 1997) (Judge Karen LeCraft Henderson) by The Court stated: "The district court may not simply conclude that the defendant was responsible for a certain amount of drugs 'beyond a reasonable doubt,' . . . or that 'there's just …

Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Counsel - Constructive denial of

Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides) by This case presents an important analysis of the significant distinction between claims of ineffective assistance of counsel and claims where a defendant argues that he was construtively denied any counsel at all …

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin) by Case held that unless a state grants a complete restoration of the right to possess all firearms, the individual remains subject to federal prosecution as a felon in possession. In discussing the three …

U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld)

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

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

U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld) by Here's one of those far-fetched crazy cases that shows the extremes to which prosecutors will sometimes go to notch up another easy conviction. The defendant was charged and convicted on three counts …

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, Drug Dealer/Courier Profile

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 The First Circuit concluded that the Government had met its burden of proving that the currency carried by the defendant was drug-related based on the following factors: …

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by In this case the Ninth Circuit becomes the second Federal Court of Appeals to approve the admissibility of evidence obtained by the so-called PCR method of DNA testing. (The Eighth Circuit previously …

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin) by Case held that grand jury testimony of witness who had died prior to trial was not admissible under Rule 804(b)(1) as "former testimony". Here the Court observed: "Turning to Rule 804(b)(1), we think …

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, Breach of trust

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. 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, Expert Witnesses/Testimony

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …

U.S. v. Conner, No. CR 96-4010-DEO (N.D.Iowa) (948 F.Supp. 821) (November 22, 1996) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Conner, No. CR 96-4010-DEO (N.D.Iowa) (948 F.Supp. 821) (November 22, 1996) (Judge Mark W. Bennett) by Court vacated a conviction based on an illegal search of a motel room. With his usual meticulous care and eloquent style, Judge Bennett has presented another detailed and valuable primer on a …

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, Relevant Conduct

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington) by Here the Court dismissed an indictment based on a number of factors including vindictive prosecution and long pre-indictment delay and rejected the Government's attempt to use relevant conduct as the basis …

Santopietro v. U.S., No. 3:96 CV 957 (D.Conn.) (948 F.Supp. 145) (December 31, 1996) (Judge Gerard L. Goettel)

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

Filed under: Punch And Jurists, Federal Funds

Santopietro v. U.S., No. 3:96 CV 957 (D.Conn.) (948 F.Supp. 145) (December 31, 1996) (Judge Gerard L. Goettel) by Although openly disagreeing with the Second Circuit's decision in U.S. v. Foley, 73 F.3d 484 (2nd Cir. 1996), the court "reluctantly" set aside various convictions under § 666 because the Government …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

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

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

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) by Case held it was improper to comment on the defendant's post-arrest silence, but ruled the error was harmless.

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, Doctor/Patient Privilege

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris) by Court extended doctor/patient privilege to cover communications between a victim and her rape crisis counsellor even though that person was not a trained doctor. In Re Grand Jury, 103 F.3d 1140 …