Search | Punch and Jurists

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones) by QUOTE OF THE WEEK - The right to be left alone. "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's …

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Warrants

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones) by This case might appropriately be called "rubber-stamp justice - Tennessee style." A professional snitch, who probably needed some cash, dutifully reported to the police that he had reliably learned from a person …

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Roxborough, No. 95-1946 (6th Cir.) (99 F.3d 212) (November 5, 1996) (Judge Alice M. Batchelder) by The rather technical sentencing issue raised in this case was whether the district court could impose a sentencing enhancement, under U.S.S.G. § 2K2.1(b)(4) for unconvicted conduct involving firearms that had obliterated serial …

U.S. v. Hardy, No. 95-1841 (1st Cir.) (99 F.3d 1242) (November 6, 1996) (Judge Conrad K. Cyr)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Violent anti-social behavior

U.S. v. Hardy, No. 95-1841 (1st Cir.) (99 F.3d 1242) (November 6, 1996) (Judge Conrad K. Cyr) by Case approved a 300% upward departure based on pattern of violent anti-social behavior.

Premachandra v. U.S., No. 95-3936 (8th Cir.) (101 F.3d 68) (November 21, 1996) (Judge James B. Loken)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists

Premachandra v. U.S., No. 95-3936 (8th Cir.) (101 F.3d 68) (November 21, 1996) (Judge James B. Loken) by Court held that U.S.S.G. § 5K2.13, and not § 5H1.3, was the proper provision to consider when considering downward departures based on diminished capacity. After the defendant in this case pled guilty …

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry) by This is one of those dreadful cases that shows another of the many technical traps for the unwary that exist in American plea bargaining practice. Rule 11(e) of the Fed.R.Crim.P. describes three …

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker) by Here the Court explained that the preponderance of evidence standard is adequate for most sentencing decisions, but acknowledged that at some undefined point along the "continum of sentence severty" …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by "The Appellants challenge the admissibility of the records under the business records exception on the ground that the cardholders were not acting in the regular course of business when they made …

U.S. v. Soskin, No. 95-20467 (7th Cir.) (100 F.3d 1377) (November 26, 1996) (Judge Daniel A. Manion)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Soskin, No. 95-20467 (7th Cir.) (100 F.3d 1377) (November 26, 1996) (Judge Daniel A. Manion) by The Court stated: "Nowhere does § 922(j) or § 922(k) provide that notification of the police constitutes a defense. Nor does the regulation Soskin cites, 27 C.F.R., support his instruction." (Id., at …

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The defendant claimed that the district court failed to make the necessary finding of relative culpability required by the Court's holding in U.S. v. Caballero, 936 F.3d 1292 (D.C.Cir. 1991). In that …

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Conspiracy, Punch And Jurists

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by Here the Court upheld an indictment under the "defraud" clause of 18 USC § 371in a tax prosecution because the conduct undertaken by the defendant was broader than that encompassed solely by …

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Who is the "Government"?

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager) by QUOTE OF THE WEEK - The game of duping the public versus the honor and integrity of the Government. "If the United States government in the District of Columbia, acting through one …

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch) by Two important sentencing issues are considered in this case. This case started when an IRS employee noticed a Rolls Royce Corniche convertible parked outside a restaurant. His curiosity (or jealousy or dreams …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Among the many issues raised in this credit card fraud case (which involved the de rigueur charges of wire fraud, money laundering, conspiracy and related offenses), was a Guidelines issue about …

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson) by Case held that Guideline Amendment 516 which changed calculation of marijuana equivalency did not affect mandatory minimum sentence. United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States …

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg) by

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson) by In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" …

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson) by In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" …

U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists

U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin) by One of the issues presented in this appeal was a sentencing enhancement for victim vulnerability under U.S.S.G. § 3A1.1(b). The defendant, who falsely presented himself as a psychologist for mental health patients, was …

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Office of Professional Responsibility (OPR)

Tuite v. Henry, No. 95-5375 (D.C. Cir.) (98 F.3d 1411) (November 1, 1996) (Judge Harry T. Edwards) by Another whitewash?!! This is yet another case about an alleged investigation conducted by the Office of Professional Responsibility of the Department of Justice ("OPR"), the watchdog division of that Department of Justice …