Search | Punch and Jurists

U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen) by

U.S. v. Bates, No. 89 CR 908 (N.D.Ill.) (940 F.Supp. 1251) (September 16, 1996) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Bates, No. 89 CR 908 (N.D.Ill.) (940 F.Supp. 1251) (September 16, 1996) (Judge Richard Mills) by This case is a continuation of the El Rukn's fiasco, a series of related cases from Chicago that arose out of two massive indictments filed in 1989 against 65 alleged members of …

Shimer v. Washington, No. 94-2063 (7th Cir.) (100 F.3d 506) (November 12, 1996) (Judge Joel L. Flaum)

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

Filed under: First Amendment, Punch And Jurists

Shimer v. Washington, No. 94-2063 (7th Cir.) (100 F.3d 506) (November 12, 1996) (Judge Joel L. Flaum) by Case held that there were substantial questions of fact whether a prison policy, prohibiting direct communications with Clemency Board, served any legitimate penological interests.

U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer) by

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, Residual exception

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by "Although the statements of the cardholders do not qualify as business records, both the written affidavits and the oral statements made to the bank personnel are admissible under the residual exceptions …

U.S. v. Blount, No. 95-20359 (5th Cir.) (98 F.3d 1489) (October 22, 1996) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Blount, No. 95-20359 (5th Cir.) (98 F.3d 1489) (October 22, 1996) (Judge Henry A. Politz) by United States v. Blount, 98 F.3d 1489 (5th Cir. 1996) (Judge Politz) United States v. Rohrig, 98 F.3d 1506 (6th Cir. 1996) (Judge Rosen) Speaking about "targets that move opportunistically", both of …

U.S. v. Walker, No. 95-3147 (D.C. Cir.) (99 F.3d 439) (November 8, 1996) (Judge Laurence H. Silberman)

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

Filed under: Punch And Jurists

U.S. v. Walker, No. 95-3147 (D.C. Cir.) (99 F.3d 439) (November 8, 1996) (Judge Laurence H. Silberman) by Despite reasoning that it was not clear what evidence the Government relied upon to make the charge of aiding and abetting, the Court affirmed a conviction on the grounds that the jury …

Keevan v. Smith, No. 95-1289 (8th Cir.) (100 F.3d 644) (November 18, 1996) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Keevan v. Smith, No. 95-1289 (8th Cir.) (100 F.3d 644) (November 18, 1996) (Judge Pasco M. II Bowman) by Over the strong dissent of Judge Heaney, the majority rejected an equal protection action brought by female inmates who charged discriminatory treatment compared with the male inmates at other state prisons. …

U.S. v. Lopez, No. 95-50137 (9th Cir.) (100 F.3d 98) (November 8, 1996) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists

U.S. v. Lopez, No. 95-50137 (9th Cir.) (100 F.3d 98) (November 8, 1996) (Judge Diarmuid F. O'Scannlain) by After earlier appeal in which the defendants' convictions for "using" a gun in connection with a drug trafficking offense were vacated, the Court ruled that there was sufficient evidence to support a …

U.S. v. Carmack, No. 96-1568 (7th Cir.) (100 F.3d 1271) (November 15, 1996) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Carmack, No. 96-1568 (7th Cir.) (100 F.3d 1271) (November 15, 1996) (Judge Terrence T. Evans) by Here the Court upheld a sentence increase based on the "foggy" memory of a drug user informant on the theory that it is unrealistic to expect government witnesses to possess the credibility …

U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett) by Here the Court strongly condemned the philosophy that a defendant must meekly and silently "accept any punishment that the government chooses to mete out, however incommensurate with the underlying conduct" to receive a …

U.S. v. Lopez, No. 95-50137 (9th Cir.) (100 F.3d 98) (November 8, 1996) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists

U.S. v. Lopez, No. 95-50137 (9th Cir.) (100 F.3d 98) (November 8, 1996) (Judge Diarmuid F. O'Scannlain) by If there were any doubt before now, this decision from the Ninth Circuit virtually eliminates any question about the authority of sentencing courts to modify a sentence previously imposed on counts that …

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian) by Court held that district court is under no obligation to follow Government's recommendation of concurrent sentences and is free to impose consecutive sentences.

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by Here the Courtt held that the district court erred when it excused a juror, after the jury had been given its instructions but before it left to begin deliberations, without making the …

Hohn v. U.S., No. 96-3118 (8th Cir.) (99 F.3d 892) (November 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

Hohn v. U.S., No. 96-3118 (8th Cir.) (99 F.3d 892) (November 4, 1996) (Per Curiam) by Here the Court refused to issue a Certificate of Appealability to a post-Bailey petitioner because "[he was] not making a constitutional claim. He [was] making a claim to a federal statutory right. Bailey did …

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, Crack v. Powdered Cocaine

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The Court stated: "Whatever the pharmacological similarities . . . we find no ambiguity in the terms 'cocaine base' and 'cocaine' and join the other circuits that have rejected rule of lenity …

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum) by Case held that it was an abuse of discretion to impose a sentence for a term greater than the defendant's life expectancy.

U.S. v. Woodruff, No. CR-93-0438-VRW (N.D.Cal.) (941 F.Supp. 910) (August 22, 1996) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists

U.S. v. Woodruff, No. CR-93-0438-VRW (N.D.Cal.) (941 F.Supp. 910) (August 22, 1996) (Judge Vaughn R. Walker) by This case, which is long from over, has sent tremors of fear through the Government. The defendant was charged with robbing three jewelry stores and attempting to rob a fourth. Initially, Judge Walker …

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. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood) by Court held that district court improperly comunicated with jurors, violating defendant's dight to be present at all stages of his trial; but held error was harmless.