Search | Punch and Jurists

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and …

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure) by This is one of those classic, hum-drum, push-the-button-and-get-the-cites decisions that glosses over some important issues - and shows how difficult it is to battle Big Brother. But if you …

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Fee Provisions

U.S. v. Cole, No. 96-40567 (5th Cir.) (101 F.3d 1076) (December 9, 1996) (Judge John M. Jr. Duhé) by The cousin of the AEDPA is the Prison Litigation Reform Act (PLRA) which (curiously but perhaps deliberately to divert attention from some of its wilder provisions) was enacted as Title VIII …

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading …

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter) by Last week we ruffled more than a few feathers when we said that the U.S. Postal Service was one of the largest purveyors of pornography in the world. Little did we know …

Kolster v. I.N.S., No. 96-1194 (1st Cir.) (101 F.3d 785) (December 4, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Immigration Hearings

Kolster v. I.N.S., No. 96-1194 (1st Cir.) (101 F.3d 785) (December 4, 1996) (Judge Sandra L. Lynch) by This case deals with a now-familiar, recurring topic - namely, what is the effective date of the various sections of the labyrinthine and far-reaching Antiterrorism and Effective Death Penalty Act (AEPDA), which …

U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer)

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

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

U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer) by United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per Curiam) United States v. Molina, 102 F.3d 928 (7th Cir. 1996) (Judge Coffey) United States v. Golden, 102 F.3d 936 (7th …

U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey)

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

Filed under: Punch And Jurists

U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey) by Using or carrying a gun during or in relation to a drug crime.

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin)

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

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

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin) by Court approved use of two uncharged murders for which defendant had previously been acquitted to increase sentence to life imprisonment. Wisely, Judge Boudin observed that this decision "as a matter of public perception …

Love v. Morton, No. 95-6309 (JEI) (D.N.J.) (944 F.Supp. 379) (November 12, 1996) (Judge Joseph E. Irenas)

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

Filed under: Punch And Jurists

Love v. Morton, No. 95-6309 (JEI) (D.N.J.) (944 F.Supp. 379) (November 12, 1996) (Judge Joseph E. Irenas) by After mistrial without defendant's consent, and where there is no manifest necessity for the mistrial, the defendant cannot be tried for the same charges again. This decision contains one of the best …

U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson) by Here the Court held that reasonable foreseeability "is completely immaterial" to the analysis of relevant conduct and therefore when a defendant personally participates in a drug transaction, the foreseeability of the drug …

U.S. v. Glover, No. 95-3346 (7th Cir.) (101 F.3d 1183) (December 2, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Fragmentary Statements/Summaries

U.S. v. Glover, No. 95-3346 (7th Cir.) (101 F.3d 1183) (December 2, 1996) (Judge Ilana Diamond Rovner) by This case explores the right of a party against whom a fragmentary statement has been introduced to demand the admission of additional portions of the entire document, as spelled out in Fed.R.Evid. …

U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Danger to the Community

U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan) by This is another one of those cases in which an accused organized crime figure was denied bail despite proposing a bail package consisting of a fully secured $2 million bond …

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam)

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

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

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam) by Case explored concept of using or carrying a gun during or in relation to a drug trafficking crime or a crime of violence. United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per …

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) by Failure of judge to give notification of right to appeal as required by Rule 32 does not give basis for later appeal when defendant has signed valid plea agreement waiving rights of …

U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson) by Case recognized that there is a constitutionally mandated exception to the general rule that defendants are not permitted to use sentencing proceedings as a forum to attack a prior conviction: where a …

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, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This is one of those massive, multi-defendant, multi-count drug cases that involves a ton of issues - every single one of which was rejected by the Eleventh Circuit. Among the more interesting …

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Wiles, No. 94-1592 (10th Cir.) (102 F.3d 1043) (December 10, 1996) (Judge Bobby R. Baldock) by The Wiles case from the Eleventh Circuit is an important en banc review of the many conflicting signals that can be derived from the Supreme Court's almost mystical decision in U.S. v. …

U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (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. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green)

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

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

U.S. v. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green) by Here, Judge Green adds a new and significant dimension to the ongoing battle about whether the courts have the power to impose a "gun bump" enhancement under U.S.S.G. § 2D1.1(b)(1) to a defendant's …