Search | Punch and Jurists

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 Conviction reversed based on violations of Federal Rules of Evidence including failure to qualify bank examiner as an expert.

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: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by See the subsequent decision in this case, reported at 113 F.3d 515, where the court vacated that portion of this decision that required a special instruction dealing with the credibility of …

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan) by Following the Supreme Court's ruling in U.S. v. Armstrong, 517 U.S. 456 (1996), the Ninth Circuit reversed a district court's discovery order underlying a selective prosecution claim, stating that the defendant …

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, Modus Operandi Evidence

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by Although this case is discussed in greater detail above under “bad character evidence” is is also noted here for its discussion of “modus operandi evidence.” One of the issues raised in …

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth) by Here the Court reversed an enhancement under § 3B1.1(c) emphasizing that the defendant's status as a police sergeant was not alone sufficient to warrant that enhancement; the key is the defendant's role …

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, Duplicity/Multiplicity

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by QUOTE OF THE WEEK - The evils of subdividing crimes into multiple parts to enable Congressmen to go down in posterity with a crime named after themselves. "Given the tendency of modern criminal …

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, Applicable Guidelines Issues

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by Judge Gertner never disappoints. In this decision she again shows that a thoughtful and concerned judge can still exercise a great deal of discretion under the Guidelines. Here, the defendant was found guilty of …

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, Federalizaton of Criminal Laws

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington) by Quote from Judge Harrington on the practice of using Federal charges to convict defendants of what should be state crimes in order to assure longer sentences. QUOTE OF THE WEEK - …

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer) by The Court, in this case, focuses on the issue of whether the failure to instruct the jurors that they should not discuss the case with anyone outside the courtroom and that they …

U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold)

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

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

U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold) by Here the Court held that it was improper for the district court to revise certain factual findings that were made at the original sentencing hearing and use those revised findings as the …

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

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum) by Case affirmed conviction despite failure of district court to instruct that arson crime required Government to prove substantial effect on interstate commerce.

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 Court approved reimposition of a new sentence following a Bailey-type appeal even though BOP admitted defendant had completed prior sentence.

U.S. v. Leslie, No. 95-1679 (2nd Cir.) (103 F.3d 1093) (January 8, 1997) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Leslie, No. 95-1679 (2nd Cir.) (103 F.3d 1093) (January 8, 1997) (Judge Joseph M. McLaughlin) by In this case, the Court held that the Supreme Court's decision in U.S. v. Lopez, 514 U.S. 549 (1995) did not raise the Government's burden under the federal money laundering statute (18 …

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy) by This is another case dealing with the so-called "safety valve" provision contained in 18 U.S.C. § 3553(f)(1)-(5) and its Guideline counterpart contained in U.S.S.G. § 5C1.2. Although the defendant was originally charged …

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum) by Sentence vacated because district court failed to make required findings justifying the amount of the fine imposed. Because the defendant in this case had agreed to forfeit substantially all of his assets, …

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 this case the Court considered whether …

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. Ramirez-Rangel, No. 95-10074 (9th Cir.) (103 F.3d 1501) (January 9, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

U.S. v. Ramirez-Rangel, No. 95-10074 (9th Cir.) (103 F.3d 1501) (January 9, 1997) (Judge Jr. William C. Canby) by This is an important sentencing entrapment case because, rather than pretending that there is no such thing as sentencing entrapment (as many courts insist), the Ninth Circuit addresses the issue honestly. …

Perez v. Marshall, No. 94-1666-IEG (POR) (S.D.Cal.) (946 F.Supp. 1521) (October 7, 1996) (Judge Irma E. Gonzales)

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

Filed under: Punch And Jurists

Perez v. Marshall, No. 94-1666-IEG (POR) (S.D.Cal.) (946 F.Supp. 1521) (October 7, 1996) (Judge Irma E. Gonzales) by Duarte v. Hershberger, 947 F.Supp. 146 (D.N.J. 1996) (Judge Wolin) Here are two more cases that explore some of the many important questions left hanging by the enactment into law of the …

U.S. v. Ramirez-Rangel, No. 95-10074 (9th Cir.) (103 F.3d 1501) (January 9, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

U.S. v. Ramirez-Rangel, No. 95-10074 (9th Cir.) (103 F.3d 1501) (January 9, 1997) (Judge Jr. William C. Canby) by QUOTE OF THE WEEK - The evils of Sentencing Entrapment - as seen without blinders. "The law of this Court ought not to be open to the just charge of having …