Search | Punch and Jurists

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby) by United States v. Alerta, 96 F.3d 1230 (9th Cir. 1996) (Judge Canby) United States v. Cecil, 96 F.3d 1344 (10th Cir. 1996) (Judge Baldock) Here are two cases that focus on …

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 In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …

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, Sentences - Prior/Unrelated

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by This case holds that just because a defendant pleads guilty to certain offenses "in the same court, at the same time, and before the same judge" (Id., at 549), and even though …

U.S. v. Sanders, No. 95-5744 (6th Cir.) (95 F.3d 449) (September 12, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Sanders, No. 95-5744 (6th Cir.) (95 F.3d 449) (September 12, 1996) (Judge Karen Nelson Moore) by Here the Court vacated a restitution order imposed before the adoption of the Mandatory Victims Restitution Act, holding that the district court erred in concluding that restitution was required in all cases. …

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Keys, No. 93-50281 (9th Cir.) (95 F.3d 874) (October 11, 1996) (Judge Stephen S. Trott) by Court vacated perjury conviction because the jury did not determine the materiality of the alleged false declaration.

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

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz) by This case is noted because of its excellent analysis of the Supreme Court's recent decision in Koon v. United States, 135 L.Ed.2d 392 (1996), perhaps the most important decision to date dealing …

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, Mitigating Role/Circumstances/Evidence

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Another Guidelines case - and another reversal for Judge Fuste. Here he gets chastised, among other things, for blindly accepting the Government's position by denying a defendant a sentence reduction pursuant to U.S.S.G. …

U.S. v. Mussari, No. 95-10479 (9th Cir.) (95 F.3d 787) (September 5, 1996) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Mussari, No. 95-10479 (9th Cir.) (95 F.3d 787) (September 5, 1996) (Judge John T. Jr. Noonan) by Citing New York v. U.S., 505 U.S. 144 (1992), the Court also held that if Congress acts under one of its enumerated powers - here its power under the Commerce Clause …

U.S. v. Robinson, No. 95-3254 (7th Cir.) (96 F.3d 246) (September 13, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. Robinson, No. 95-3254 (7th Cir.) (96 F.3d 246) (September 13, 1996) (Judge Joel L. Flaum) by This case is noted for its discussion of defendant's request for a "mere presence" instuction - i.e., one which advises the jury that presence at the scene of a crime and knowledge …

U.S. v. Rivera, No. 96-1126 (2nd Cir.) (96 F.3d 41) (September 16, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

U.S. v. Rivera, No. 96-1126 (2nd Cir.) (96 F.3d 41) (September 16, 1996) (Judge Jon O. Newman) by Case held that defendant is entitled to presentencing disclosure of probation departments oral statements which were at variance with written presentence report. This is one of those tell-tale cases that shows how …

U.S. v. Cecil, No. 95-3409 (10th Cir.) (96 F.3d 1344) (September 25, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Entrapment

U.S. v. Cecil, No. 95-3409 (10th Cir.) (96 F.3d 1344) (September 25, 1996) (Judge Bobby R. Baldock) by United States v. Alerta, 96 F.3d 1230 (9th Cir. 1996) (Judge Canby) United States v. Cecil, 96 F.3d 1344 (10th Cir. 1996) (Judge Baldock) Here are two cases that focus on the …

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Alerta, No. 95-10224 (9th Cir.) (96 F.3d 1230) (September 23, 1996) (Judge Jr. William C. Canby) by This is an important gun case that involves the use of the extraordinary consecutive sentences that flow from the use of machine guns during and in relation to a drug trafficking …

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Voir Dire

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams) by This en banc decision reverses a long-standing precedent in the Fourth Circuit which held that, when the Government's case depends wholly on the testimony of law enforcement agents, it is an abuse …

Fowler v. U.S. Parole Com'n., No. 95-5226 (3rd Cir.) (94 F.3d 825) (September 4, 1996) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Special Parole

Fowler v. U.S. Parole Com'n., No. 95-5226 (3rd Cir.) (94 F.3d 825) (September 4, 1996) (Judge Theodore A. McKee) by Case held that the Parole Commission does not have the authority to reimpose a term of special, rather than regular parole, following revocation. This is an important "old law" decision …

U.S. v. Robinson, No. 95-50577 (9th Cir.) (94 F.3d 1325) (September 4, 1996) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Robinson, No. 95-50577 (9th Cir.) (94 F.3d 1325) (September 4, 1996) (Judge Sidney R. Thomas) by Here, disagreeing with the Tenth Circuit's analysis in U.S. v. Galbraith, 20 F.3d 1054 (10th Cir. 1994), the Court held that loss calculations under USSG § 2F1.1 do "not require the loss …

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

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz) by This case is noted because of its excellent analysis of the Supreme Court's recent decision in Koon v. United States, 135 L.Ed.2d 392 (1996), perhaps the most important decision to date dealing …

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 More than 30 years ago, Judge Brown wrote that: "[R]ecognized as is the role of informer in the enforcement of criminal laws, there comes a time when enough is more than enough …

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, Withdrawal

U.S. v. Washman, No. 94-10486 (9th Cir.) (66 F.3d 210) (September 15, 1995) (Judge Jr. William C. Canby) by United States v. Cordova-Perez, 65 F.3d 1552 (9th Cir. 1995) United States v. Washman, 66 F.3d 210 (9th Cir. 1995) These two cases discuss some important (albeit highly technical) issues about …

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett) 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 …

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard)

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

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

U.S. v. Cheng, No. 95-1704, No. 1585 (2nd Cir.) (96 F.3d 654) (September 30, 1996) (Judge J. Edward Lumbard) by In this case the Court touched briefly on the apparent conflict between the language of U.S.S.G. § 2F1.1 which allows for loss calculations based on "intended loss" and the language …