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U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Jury Nullification
U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella) by This is an interesting case about an important statute that controls the right of a defendant to obtain access to jury selection records in connection with his claim that he was denied …
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, Conditions of
U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Court affirmed condition of probation that required probationer to give "any requested financial information" to Probation Officer.
U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Weapons
U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam) by Here's a somewhat surprising decision in which the Eighth Circuit reversed a lower court's refusal to grant the defendant, who was charged with an ex-felon gun possession crime, a significant sentence reduction under U.S.S.G. …
U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity. …
U.S. v. Ismail, No. 95-5299 (4th Cir.) (97 F.3d 50) (September 26, 1996) (Judge Diana Gribbon Motz)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Knowledge of Illegality
U.S. v. Ismail, No. 95-5299 (4th Cir.) (97 F.3d 50) (September 26, 1996) (Judge Diana Gribbon Motz) by Relying on the Supreme Court's decision in Ratzlaf v. U.S., 510 U.S. 135, the Fourth Circuit vacated a money structuring conviction on the ground that the Government had failed to prove the …
U.S. v. Lewis, No. Civ. No. 95-076P (D.R.I.) (936 F.Supp. 1093) (September 5, 1996) (Judge Raymond J. Pettine)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. Lewis, No. Civ. No. 95-076P (D.R.I.) (936 F.Supp. 1093) (September 5, 1996) (Judge Raymond J. Pettine) by United States v. McHenry, 97 F.3d 125 (6th Cir. 1996) (Judge Moore) United States v. Lewis, 936 F.Supp. 1093 (D.R.I. 1996) (Judge Pettine) Both of these cases involve constitutional challenges to …
U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer) United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch) Last week The New York Times reported still …
U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers) United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen) We have often said that, with the possible exception …
U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Law of the Case
U.S. v. Webb, No. 95-3393 (10th Cir.) (98 F.3d 585) (October 21, 1996) (Judge Mary Beck Briscoe) by This case is noted because it discusses two esoteric but important rules about appeals - namely, the law of the case doctrine and its complementary theory, the mandate rule. When the defendant …
U.S. v. Davis, No. 95-5189 (4th Cir.) (98 F.3d 141) (October 11, 1996) (Judge H. Emory Jr. Widener)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists
U.S. v. Davis, No. 95-5189 (4th Cir.) (98 F.3d 141) (October 11, 1996) (Judge H. Emory Jr. Widener) by Here the Court found proper jurisdiction for purposes of the Federal arson statute based on the fact that a State agency, which paid a significant percentage of a tenant's rent, could …
U.S. v. Stoner, No. 94-6377 (10th Cir.) (98 F.3d 527) (October 11, 1996) (Judge Robert H. Henry)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Stoner, No. 94-6377 (10th Cir.) (98 F.3d 527) (October 11, 1996) (Judge Robert H. Henry) by This is a rather astonishing case that shows the willingness, if not the eagerness, of the courts to sustain indictments that are defective on their face. We start, as did the Tenth …
U.S. v. Fuller, No. Crim. No. 91-20048-01-GTV (D.Kan.) (938 F.Supp. 731) (August 28, 1996) (Judge G. Thomas Van Bebber)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Federalizaton of Criminal Laws
U.S. v. Fuller, No. Crim. No. 91-20048-01-GTV (D.Kan.) (938 F.Supp. 731) (August 28, 1996) (Judge G. Thomas Van Bebber) by Court granted Writ of Error Coram Nobis vacating a questionable conviction for theft of Government property. Last week we didn't have room to note one amusing (?) case that should …
U.S. v. Sotelo, No. 95-10755 (5th Cir.) (97 F.3d 782) (October 8, 1996) (Judge Robert M. Parker)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
U.S. v. Sotelo, No. 95-10755 (5th Cir.) (97 F.3d 782) (October 8, 1996) (Judge Robert M. Parker) by One of the issues raised in this case was a claim that the Government withheld important information about one of its star witnesses until after the trial was over, in violation of …
U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Character/Reputation/Propensity
U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …
U.S. v. Herron, No. 95-3878 (8th Cir.) (97 F.3d 234) (October 1, 1996) (Judge Gerald W. Heaney)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Charging Decisions
U.S. v. Herron, No. 95-3878 (8th Cir.) (97 F.3d 234) (October 1, 1996) (Judge Gerald W. Heaney) by It has become standard practice in virtually every drug case to add the charge of money laundering, not only because it adds one more salacious charge which the prosecutor can use to …
U.S. v. Meza, No. 92-40021-01-DES (D.Kan.) (938 F.Supp. 730) (August 12, 1996) (Judge Dale E. Saffels)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists
U.S. v. Meza, No. 92-40021-01-DES (D.Kan.) (938 F.Supp. 730) (August 12, 1996) (Judge Dale E. Saffels) by The defendant in this case was sentenced on November 2, 1992, one day after the Guidelines were amended to provide for an additional one-point reduction for acceptance of responsibility. He filed a motion …
U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists
U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara) by QUOTE OF THE WEEK - Entrapment: a putrescence that threatens to spoil basic concepts of fairness and justice. "The religious and political refugees who came to this land at the turn of the …
U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Predisposition/Inducement
U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara) by Court granted a judgment of acquittal based on a "patently clear absense of predisposition.". This is an important entrapment case that gives vitality and fresh meaning to the concept of "predisposition" and raises …
U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Concurrent and Consecutive Sentences
U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis) by This is one of those much ado about nothing cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving …
U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Concurrent and Consecutive Sentences
U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis) by This is one of those cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving an undischarged term of …
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