Search | Punch and Jurists

Reyes v. U.S., No. 96 Civ. 2096 (CSH) (S.D.N.Y.) (944 F.Supp. 260) (October 23, 1996) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists

Reyes v. U.S., No. 96 Civ. 2096 (CSH) (S.D.N.Y.) (944 F.Supp. 260) (October 23, 1996) (Judge Charles S. Jr. Haight) by The fallout from the Supreme Court's decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995) continues. In Bailey, the Supreme Court held that for a gun conviction under the …

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

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by QUOTE OF THE WEEK - One of the reasons that entrapment is so odious is that it empowers Government agencies, like the Post Service, to create entire departments whose sole goal and purpose …

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, Polygraph Evidence/Testing

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

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty)

Article • January 1, 1997 • from P&J October, 1996

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty) by Court rejected claim that BOP reclassification of crimes to deny benefits of drug treatment program violated the prisoners rights. At least twice before, Judge Haggerty has dealt with the same issue …

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner) by Here the Seventh Circuit joined the minority view that on a sentencing remand only those issues arising out of the sentence ordered by the Court of Appeals could be raised in a …

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 QUOTE OF THE WEEK - The scandal of using acquitted conduct to enhance a sentence. "Before Congress enacted the sentencing guidelines, individuals in this country could be deprived of their liberty only on …

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, Sting Operations

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter) by Here the Court explores some of the zealous efforts of the U.S. Postal Service in ridding the world of perverts who buy pornography; but leaves open some rather disturbing questions about the …

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Court's routine statement that defendant retained right of appeal not binding where defendant waived such rights in written plea agreement.

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, Grounds for Relief

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer) by Here, following earlier remand reported at 81 F.3d 945, court grants motion to vacate both conviction and sentence on a number of grounds. This case, which has a long and involved history, is …

Hunter v. U.S., No. 96-6513 (11th Cir.) (101 F.3d 1565) (December 10, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

Hunter v. U.S., No. 96-6513 (11th Cir.) (101 F.3d 1565) (December 10, 1997) (Judge Edward E. Carnes) by Hunter v. United States, 101 F.3d 1565 (11th Cir. 1996) (En Banc) (Judge Carnes) Smith v. United States, 945 F.Supp. 1439 (D.Colo. 1996) (Judge Sparr) The Hunter case is an en banc …

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block)

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

Filed under: Punch And Jurists

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block) by The Mapp case is a rather extraordinary admission of the power even the courts give to the prosecutors to manipulate sentences. Here, the defendant was convicted of a few counts, …

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 Case held that retroactive legislation that required pronationers to pay costs of supervision did not violate Ex Post Facto Clause because statute did not impose additional "punishment.".

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Mapp, No. 95 CR 1162 (FB) (S-1) (E.D.N.Y.) (945 F.Supp. 43) (November 4, 1996) (Judge Frederic Block) by Here's another case that shows the galling power of the prosecutors to determine sentences. The jury in this case found the defendant guilty on two of the counts charged, but …

U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak)

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

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

U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak) by Case held that Bailey's "active employment" of a gun concept is limited to the "use" prong of § 924(c) and does not apply to the "carry" prong. The fallout from the Supreme …

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by This case contains a surprisingly detached analysis of the scope of yet another one of those scary Federal laws that preempt the rights of the States to police their own territories - …

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

U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer) by Case explores Bailey's distinction between using and carrying a gun during and in relation to drug crime.

Satcher v. Netherland, No. Civ. No. 3:95cv261 (E.D.Va.) (944 F.Supp. 1222) (October 8, 1996) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists

Satcher v. Netherland, No. Civ. No. 3:95cv261 (E.D.Va.) (944 F.Supp. 1222) (October 8, 1996) (Judge Robert E. Payne) by Moore v. Johnson, 101 F.3d 1069 (5th Cir. 1996) (Judge DeMoss) Satcher v. Netherland, 944 F.Supp. 1222 (E.D.Va. 1996) (Judge Payne) Here are two more decisions that deal with the effective …

U.S. v. Peterson, No. 95-40820 (5th Cir.) (101 F.3d 375) (November 27, 1996) (Judge Eldon E. Fallon)

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

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Peterson, No. 95-40820 (5th Cir.) (101 F.3d 375) (November 27, 1996) (Judge Eldon E. Fallon) by This decision, involving a securities fraud conviction under the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)), contains an important analysis of the scope of "relevant conduct" under the Guidelines. Here, …

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Supervening Decision Doctrine

U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by Citing its decision in U.S. v. Washington, 12 F.3d 1138, the Court affirmed that "under the supervening decision doctrine, we may 'consider any change . . . In law[ ] which has …

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, Possession or Use of Firearms

U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey) by "Carry" prong of crime is met is both guns and drugs are moved at all, even if gun is not immediately avaialble for use. United States v. Taylor, 102 F.3d 767 (6th …