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U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris) by In this case, the Sixth Circuit joined with a minority of the Circuits in holding that convictions obtained after a defendant has committed a Federal firearms offense, but before the defendant is …

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Opt-In Requirements for Truncated Judicial Review

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener) by This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of …

Siddiqi v. U.S., No. 95-2174, No. 984 (2nd Cir.) (98 F.3d 1427) (October 31, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Appellate Advocacy/Counsel

Siddiqi v. U.S., No. 95-2174, No. 984 (2nd Cir.) (98 F.3d 1427) (October 31, 1996) (Judge Ralph K. Jr. Winter) by Here the 2nd Circuit summarily dismissed a conviction for Medicare fraud on the grounds that the Government's case was a lot of "grand advocacy but had no basis in …

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 Quotes from David Burnham's book "Above the Law" about the hypocricy and impotence of the Office of Professional Responsibility. QUOTE OF THE WEEK - Never having to say you're sorry! Much has …

Doe v. Pataki, No. 96 Civ. 1657 (DC) (S.D.N.Y.) (940 F.Supp. 603) (September 24, 1996) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96 Civ. 1657 (DC) (S.D.N.Y.) (940 F.Supp. 603) (September 24, 1996) (Judge Denny Chin) by Court held that the Ex Post Facto Clause precludes retroactive application of the N.Y. Sex Offender Law's public notification and disclosure provisions, but not its registration provisions.

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, Informants and Paid Witnesses

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager) by Although we normally don't comment on cases decided by the Federal Court of Appeals, we felt this case deserved mention because it deals with a recurring problem in our criminal justice system …

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, Breach of Plea/Coop./Immunity Agreements

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian) by The defendant charged that the Government had breached its agreement to recommend concurrent sentences in two different districts; and the Government argued that promises made by a U.S. Attorney in one district …

U.S. v. Lucas, No. 95-6688 (6th Cir.) (99 F.3d 1290) (October 30, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Lucas, No. 95-6688 (6th Cir.) (99 F.3d 1290) (October 30, 1996) (Judge Danny J. Boggs) by Here the Court limited its previous liberal rule that permitted courts to deduct amounts that a bank could easily recover by foreclosure, set-off, etc. to determine loss and explained the interaction between …

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, Loss - Calculation/Determination of

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch) by This case started when an IRS employee noticed a Rolls Royce Corniche convertible parked outside a restaurant. His curiosity (or jealousy or dreams of a big bonus) caused him to write down …

U.S. v. Stowe, No. 95-3874 (7th Cir.) (100 F.3d 494) (November 12, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Stowe, No. 95-3874 (7th Cir.) (100 F.3d 494) (November 12, 1996) (Judge Daniel A. Manion) by

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Abandoned Property

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey) by Relying on Abel v. U.S., 362 U.S. 217 (1960), Court held that abandoned property is not subject to Fourth Amendment protections; and that the manipulation of luggage in an overhead rack is …

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

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by This is an astonishing decision, not just because the D.C. Circuit found merit in each of the four issues raised by the defendant on appeal and thus vacated a series of convictions, …

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, Possession or Use of Firearms

U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen) by The defendant in this case was charged and convicted of a gun crime in violation of 18 U.S.C. § 924(c). Two months after his sentencing, the Supreme Court ruled, in Bailey v. …

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald) by Citing prior decisions, the court held that Congress's and the Commission's actions do not give the district judge any power to depart from the Sentencing Guidelines based on the disparity between powdered …

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 In this case the Court held that the affidavit used to support the search warrant that was obtained was insufficient because of its broad use of boilerplate language that did not meet …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Westfall Act

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Bias/Discrimination

Gonzales v. Thomas, No. 95-2279 (10th Cir.) (99 F.3d 978) (November 5, 1996) (Judge Wade Brorby) by Here, after a detailed explanation of the differences between "actual" and "implied" juror bias, the Court held that rape victims are not incapable as a matter of law of being impartial jurors in …

U.S. v. Barron, No. A91-0115 CR (JKS) (D.Alaska) (940 F.Supp. 1489) (September 25, 1996) (Judge James K. Jr. Singleton)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Barron, No. A91-0115 CR (JKS) (D.Alaska) (940 F.Supp. 1489) (September 25, 1996) (Judge James K. Jr. Singleton) by Here the Court held that, following the Supreme Court's decision in Bailey v. U.S., a defendant cannot withdraw just the portion of his plea agreement relating to the gun charge; …

U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Warrants

U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy) by This is one of those rare cases in which both the district court and the Tenth Circuit approved a blanket suppression of all evidence seized during a search because the officers had …

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse) by The Court observed: "The dual sovereignty concept may yield, however, if one sovereign effectively controlled the other, for example if "the state prosecution was a sham and a cover for …