Search | Punch and Jurists

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by One of the significant features of this case was a rare, albeit reluctant, finding by the Court that the trial judge had constructively amended the indictment by modifying an essential element of …

U.S. v. Lussier, No. 96-1110, No. 354 (2nd Cir.) (104 F.3d 32) (January 9, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

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 …

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, Definitions

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum) by The defendant in this case pled guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h); and the plea agreement specified that the object of the conspiracy was …

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, Right to Documents

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by This case is noted because of the Court's ruling that a district court may not order the parties to exchange witness lists and summaries of anticipated witness testimony in advance of trial. …

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, DNA Evidence/Testing

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by The Ninth Circuit become the second Circuit to approve the admissibility of DNA testing by the PCR method.

U.S. v. Holguin, No. 3:95cr136 (DJS) (D.Conn.) (946 F.Supp. 157) (October 1, 1996) (Judge Dominic C. Squatrito)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Holguin, No. 3:95cr136 (DJS) (D.Conn.) (946 F.Supp. 157) (October 1, 1996) (Judge Dominic C. Squatrito) by This is one of those rare cases in which a court granted a defense motion to produce a confidential informant for an in camera examination by the judge to determine whether disclosure …

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, Crack v. Powdered Cocaine

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by Court affirmed sentence based on conversion of cash in the defendant's possession into the crack equivalent rather than the cocaine equivalent even though the presentence report recommended otherwise.

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, Entrapment Defense - Effects of Asserting

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by One of the many issues raised in this case was whether a defendant who asserts the defense of entrapment is entitled to a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. Although …

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (947 F.Supp. 1100) (November 1, 1996) (Judge John Feikens)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Hadix v. Johnson, No. 80-73581 (E.D.Mich.) (947 F.Supp. 1100) (November 1, 1996) (Judge John Feikens) by In this case the court held that the provisions of the PLRA, which provide for termination of prospective relief in civil actions regarding prison conditions, violate the Separation of Powers principles by retroactively instructing …

Duarte v. Hershberger, No. 96-2110 (D.N.J.) (947 F.Supp. 146) (December 2, 1996) (Judge Alfred M. Wolin)

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

Filed under: Punch And Jurists

Duarte v. Hershberger, No. 96-2110 (D.N.J.) (947 F.Supp. 146) (December 2, 1996) (Judge Alfred M. Wolin) by Perez v. Marshall, 946 F.Supp. 1521 (S.D.Cal. 1996) (Judge Gonzalez) 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 …

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by The Court noted that the "primary purpose of [Rule 48(a)] is to prevent harassement of a defendant by charging, dismissing, and recharging withou placing a defendant in jeopardy." (Id., at 1367). It …

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. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer) by In this case, Judge Brimmer makes a a persuasive argument that disparate sentences imposed on similarly-situated defendants in the same case can sometimes constitute valid grounds for adjusting a sentence. This case, which …

U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter) by In this case the defendant was a corporate president and principal who procured loans to the corporation through fraud. The district court enhanced his sentence for abuse of position …

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

DiNicola v. DiPaolo, No. CIV 94-323 Erie (W.D.Pa.) (945 F.Supp. 848) (November 6, 1996) (Judge Sean J. McLaughlin) by This case involved a claim for damages by an arrestee, under 42 U.S.C. § 1983, for a broad range of violations to his civil rights, including malicious prosecution. Key to the …

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes) by Here's a case that shows the dangers of annoying a judge by winning an appeal! After the defendant's first conviction for possession of a firearm by a felon was overturned on appeal, …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

Taylor v. State of Rhode Island, No. 96-1002 (1st Cir.) (101 F.3d 780) (December 4, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists

Taylor v. State of Rhode Island, No. 96-1002 (1st Cir.) (101 F.3d 780) (December 4, 1996) (Judge Conrad K. Cyr) by The appellees in this case were a group of convicted offenders who were sentenced to probation prior to July 1, 1994. In June of that year, the State of …

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by United States v. Dobish, 102 F.3rd 760 (6th Cir. 1996) United States v. Dudley, 102 F.3d 1184 (11th Cir. 1997) These two cases deal with double counting issues under the Guidelines. The Court in …

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy)

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

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

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) (Judge Kennedy) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) (Judge Rosen) Both of these cases deal with the scope …