Search | Punch and Jurists

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 In this decision, the Seventh Circuit reversed a lower court ruling that an anticipatory search warrant was constitutionally defective. Such warrants are issued in advance of some type of controlled delivery of …

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, Summation

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. 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: Punch And Jurists, Aggravating Role

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by One of the many issues raised in this tax case was whether the district court had erred by imposing a three level enhancement to the defendant's sentence for his role as a …

U.S. v. LaMorte, No. 89 Cr. 742 (DNE) (S.D.N.Y.) (940 F.Supp. 572) (September 17, 1996) (Judge David N. Edelstein)

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

Filed under: Recusal, Punch And Jurists

U.S. v. LaMorte, No. 89 Cr. 742 (DNE) (S.D.N.Y.) (940 F.Supp. 572) (September 17, 1996) (Judge David N. Edelstein) by This case comes from the dusty archives of the octogenarian Judge Edelstein, who probably holds the record for the most recusal motions ever filed against a Federal Judge. The defendant, …

U.S. v. Lopez, No. 96-4046 (10th Cir.) (100 F.3d 113) (November 5, 1996) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists

U.S. v. Lopez, No. 96-4046 (10th Cir.) (100 F.3d 113) (November 5, 1996) (Judge Carlos Lucero) by Citing U.S. v. Galloway, 56 F.3d 1239, the court held that one exception to showing cause and prejudice involves ineffective counsel claims, which need not be raised on direct appeal.

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, Declarant Unavailable Exception

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse) by Case held that a defendant who exercises his privilege not to testify at a second trial of his case is not entitled to introduce the testimony he gave at the …

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken) by This case addresses what the Court calls the "thorny, frequently litigated" issue of whether evidence of prior sexual abuse is admissible under Rule 404(b) of the Fed.R.Evid. in a sex abuse prosecution. …

U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion) by Although the defendant lost this appeal, he raised some of the most creative arguments we have seen challenging the constitutionality of 18 U.S.C. § 922(g)(1). That statute prohibits any person who has …

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, Searches - Containers/Luggage

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. 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, Abuse of Position of Trust

U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin) by Guilty by inference! This case deals with two Guideline sentencing enhancements - victim vulnerability under U.S.S.G. § 3A1.1(b) and abuse of position of trust under U.S.S.G. § 3B1.3. The defendant, who falsely presented …

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 of employment

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch) by One of the arguments raised in this case centered on the consequences to their business and employees should the defendants be imprisoned. They alleged that twelve innocent employees would lose their jobs …

U.S. v. Troescher, No. 95-55609 (9th Cir.) (99 F.3d 933) (November 7, 1996) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Troescher, No. 95-55609 (9th Cir.) (99 F.3d 933) (November 7, 1996) (Judge Stephen Reinhardt) by Here the Court rejected Government's contention that there is a "tax crime exception" to the Fifth Amendment's self-incrimination clause under which the privilege against self-incrimination would not apply to tax investigations. The defendant …

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young) by Although the court held that the defendant could not be sentenced as an armed career criminal because his civil rights had been substantially restored, he could be convicted as a felon in possession …

U.S. v. Parks, No. 96-2803 (7th Cir.) (100 F.3d 1300) (November 20, 1996) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Parks, No. 96-2803 (7th Cir.) (100 F.3d 1300) (November 20, 1996) (Judge William J. Bauer) by Court held no Brady-rule violations where Government provided tapes - but not transcripts - before trial.

Downey v. Crabtree, No. 96-35471 (9th Cir.) (100 F.3d 662) (October 25, 1996) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, RDAP

Downey v. Crabtree, No. 96-35471 (9th Cir.) (100 F.3d 662) (October 25, 1996) (Judge Ruggero J. Aldisert) by As framed by Judge Aldisert, the principal issue in this case was whether the Bureau of Prisons (BOP) has "non-reviewable, exclusive competence to interpret [a] statute" - and the answer was an …

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

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The defendant in this case appealed his sentence, arguing that the district court had erred by not granting him a downward departure, under § 5K2.13, based on diminished capacity. He contended that …

U.S. v. Rohrig, No. 94-4207 (6th Cir.) (98 F.3d 1506) (October 31, 1996) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Rohrig, No. 94-4207 (6th Cir.) (98 F.3d 1506) (October 31, 1996) (Judge Gerald E. Rosen) 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. Troescher, No. 95-55609 (9th Cir.) (99 F.3d 933) (November 7, 1996) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Tax Crime Exception

U.S. v. Troescher, No. 95-55609 (9th Cir.) (99 F.3d 933) (November 7, 1996) (Judge Stephen Reinhardt) by The defendant in this case was accused of not having filed tax returns for several years. When the IRS issued a summons requiring him to testify and produce documents, he asserted his Fifth …

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Presence of Defendant

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby) by Here the Court held that a reduction of sentence in an 18 USC § 3582 proceeding is a "different animal" from resentencing after vacating an original sentence per instructions from the court of …