Search | Punch and Jurists

U.S. v. Skodnek, No. 94-10155-NG (D.Mass.) (933 F.Supp. 1108) (June 12, 1996) (Judge Nancy Gertner)

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

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

U.S. v. Skodnek, No. 94-10155-NG (D.Mass.) (933 F.Supp. 1108) (June 12, 1996) (Judge Nancy Gertner) by The principal issue in this case was the proper calculation of the losses under U.S.S.G § 2F1.1 to be used in setting the sentence of the defendant, a psychiatrist who was convicted of making …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski) by The cornerstone of Carriger's claim in this case was the testimony of one Robert Dunbar in a 1987 state post-conviction proceedings. Dunbar was the principal witness against Carriger at his 1978 trial for …

Jensen c. Clarke, No. 95-1105 (8th Cir.) (94 F.3d 1191) (September 5, 1996) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Jensen c. Clarke, No. 95-1105 (8th Cir.) (94 F.3d 1191) (September 5, 1996) (Judge Richard S. Arnold) by Here the Court observed that "the plaintiffs and their attorneys have proceeded from the outset under the assumption that [42 U.S.C. §] 1988 would apply to this case. . . . It …

Douglas v. DeBruyn, No. IP 96-0656-C H/G (S.D.Ind.) (936 F.Supp. 572) (July 10, 1996) (Judge David F. Hamilton)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

Douglas v. DeBruyn, No. IP 96-0656-C H/G (S.D.Ind.) (936 F.Supp. 572) (July 10, 1996) (Judge David F. Hamilton) by Speaking of notable one-liners, in this case Judge Hamilton sums up the prevailing wisdom of the American policy that ignores the problem of preparing hoards of inmates for their release back …

U.S. v. Ortega, No. 95-1365, No. 746 (2nd Cir.) (94 F.3d 764) (August 30, 1996) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Sentences - Prior/Unrelated

U.S. v. Ortega, No. 95-1365, No. 746 (2nd Cir.) (94 F.3d 764) (August 30, 1996) (Judge J. Daniel Mahoney) by One of the issues addressed by the court in this case dealth with the use of prior uncounseled convictions to enhance a defendant's sentence. On that issue, the Court wrote: …

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by Case held that sentencing court did not err in determining that defendant acted as organizer, despite his contention that he acted alone, since the PSI Report indicated that other family members were …

U.S. v. Ajayi, No. Cr No. 95-093-T (D.R.I.) (935 F.Supp. 90) (July 8, 1996) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists

U.S. v. Ajayi, No. Cr No. 95-093-T (D.R.I.) (935 F.Supp. 90) (July 8, 1996) (Judge Ernest C. Torres) by Here the Court rejected the arguments of the defendant AND the Government that its acceptance of one count of the plea precluded it from rejecting other portions of the same agreement, …

U.S. v. Washman, No. 94-10486 (9th Cir.) (66 F.3d 210) (September 15, 1995) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

U.S. v. Washman, No. 94-10486 (9th Cir.) (66 F.3d 210) (September 15, 1995) (Judge Jr. William C. Canby) by Case held that defendant should have been allowed to withdraw his plea without offering any reason because at the time he moved for withdrawal the district court had not yet accepted …

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Here the Court rejected the Government's assertion that the defendant had not told all to be eleigible for a safety valve reduction - stating the Government "cannot assure success simply by saying "we …

U.S. v. Frega, No. Crim. No. 96-698 (S.D.Cal.) (933 F.Supp. 1536) (July 9, 1996) (Judge Edward Rafeedie)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Frega, No. Crim. No. 96-698 (S.D.Cal.) (933 F.Supp. 1536) (July 9, 1996) (Judge Edward Rafeedie) by Case held that "[a] survey of published cases involving § 666 indicates that courts have required that this funding be shown to exist at a fairly specific level, and not at the …

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam) by United States v. DeWitt, 95 F.3d 1374 (8th Cir. 1996) (Per curiam) United States v. Meyers, 95 F.3d 1475 (10th Cir. 1475) (Judge Barrett) In both of these cases the courts dismissed some creative …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by Here the en banc Ninth Circuit strongly affirmed its standing rule that a criminal defendant is automatically entitled to have his conviction vacated if the trial court erroneously deprives him of the …

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer) by QUOTE OF THE WEEK - Some thoughts on the inherent fairness of the obscene payments routinely made to informants: "The use of informants to investigate and prosecute persons engaged in clandestine criminal …

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Judicial Hostility

Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam) by Case vacated a conviction due to trial court's open hostility towards defendants, their counsel and evidence which impaired the fairness of the trial in a way that no jury instruction could have …

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz) by Case held that while departures based on the extraordinary complexity of defendant's fraud are rare, they are proper if "present to such an exceptional degree that it cannot be characterized as typical …

U.S. v. Madoch, No. 94 CR 246-2 (N.D.Ill.) (935 F.Supp. 965) (May 10, 1996) (Judge John A. Nordberg)

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

Filed under: Punch And Jurists

U.S. v. Madoch, No. 94 CR 246-2 (N.D.Ill.) (935 F.Supp. 965) (May 10, 1996) (Judge John A. Nordberg) by The defendant in this case was charged with a variety of tax and bankruptcy fraud charges. After the court ordered a psychiatric evaluation of the defendant, the Government filed a motion …

U.S. v. Gray, No. 95-50533 (5th Cir.) (96 F.3d 769) (September 18, 1996) (Judge Stanwood R. Jr. Duval)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Gray, No. 95-50533 (5th Cir.) (96 F.3d 769) (September 18, 1996) (Judge Stanwood R. Jr. Duval) by Here's one of those telling cases that shows the continuing erosion of the Tenth Amendment through the expansion of Federal crimes into ever new arenas. The defendants in this case, basketball …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski) by The Court did, however, back off slightly by stating that the Supreme Court has made clear that "for such a claim to ever be successful, the defendant's burden of proof would 'necessarily be …

U.S. v. Amiel, No. 95-1286, No. 1021 (2nd Cir.) (95 F.3d 135) (September 5, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Amiel, No. 95-1286, No. 1021 (2nd Cir.) (95 F.3d 135) (September 5, 1996) (Judge Fred I. Parker) by The Court held that the proper test is whether the jury was so impressed with the judge's partiality to the prosecution trhat it became a factor in determining the defendant's …

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (96 F.3d 1246) (September 24, 1996) (Judge Alfred T. Goodwin)

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

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (96 F.3d 1246) (September 24, 1996) (Judge Alfred T. Goodwin) by Perhaps the most surprising thing about this decision is that it was published at all. Here's what happened in the words of the Court: "In April 1990 the United States Drug Enforcement …