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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 While the dissent labels this case "hypertechnical", its significance can best be measured by the weeping and wailing contained in Judge Kleinfeld's splenetic dissent. He rails that two recent Supreme Court cases …

U.S. v. Sotelo, No. 95-2731 (7th Cir.) (94 F.3d 1037) (August 13, 1996) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Sotelo, No. 95-2731 (7th Cir.) (94 F.3d 1037) (August 13, 1996) (Judge Michael S. Kanne) by Citing its decision in U.S. v. Toney, 27 F.3d 1245 (7th Cir. 1994), the Court stated: "A defendant is entitled to a jury instruction on his theory of defense if the defendant …

U.S. v. Molina-Guevara, No. 94-5754 (3rd Cir.) (96 F.3d 698) (September 26, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists

U.S. v. Molina-Guevara, No. 94-5754 (3rd Cir.) (96 F.3d 698) (September 26, 1996) (Judge Walter K. Stapleton) by Case held that a series of remarks and comments by the prosecutor constituted improper vouching for the credibility of a Government witness; and that the improper comments were not harmless error. This …

Lindh v. Murphy, No. 95-3608 (7th Cir.) (96 F.3d 856) (September 12, 1996) (Judge Frank H. Easterbrook)

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

Filed under: Retroactivity, Punch And Jurists

Lindh v. Murphy, No. 95-3608 (7th Cir.) (96 F.3d 856) (September 12, 1996) (Judge Frank H. Easterbrook) by In this decision, which was subsequently reversed by the Supreme Court, the Seventh Circuit held that the new provisions of Chapter 153 applied to non-capital federal habeas corpus actions pending on April …

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer) by Case rejected a broad series of constitutional challenges to the provisions of the PLRA that allow prisons to escape from the effect of "prospective relief" consent decrees. Following his controversial …

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Prison Conditions

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer) by QUOTE OF THE WEEK - An unexpurgated view of some of the problems with America's prisons. "From the very beginning, conditions in our prisons were marked by overcrowding, fire hazards …

U.S. v. Devery, No. 93 Crim. 273 (LAP) (S.D.N.Y.) (935 F.Supp. 393) (July 29, 1996) (Judge Loretta A. Preska)

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

Filed under: Punch And Jurists

U.S. v. Devery, No. 93 Crim. 273 (LAP) (S.D.N.Y.) (935 F.Supp. 393) (July 29, 1996) (Judge Loretta A. Preska) by Here the Court imposed limits on defense counsel's right to inquire into a witness's alleged rape of his stepdaughter concluding that the loathesomness of such misconduct does not necessarily bear …

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (96 F.3d 637) (September 25, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (96 F.3d 637) (September 25, 1996) (Judge Jon O. Newman) by After two prior panels disagreed on proper Guideline for criminal contempt under 18 U.S.C. § 401, Court reconciled two decisions by holding that appropriate guideline was for misprision of felony, …

U.S. v. Chalarca, No. 96-1171, No. 1942 (2nd Cir.) (95 F.3d 239) (September 12, 1996) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Chalarca, No. 96-1171, No. 1942 (2nd Cir.) (95 F.3d 239) (September 12, 1996) (Judge Roger J. Miner) by This drug sentencing case focuses on the subtle distinctions between subsections (1)(A) and (1)(B) of U.S.S.G. § 1B1.3 (relevant conduct). Under subsection (1)(A) a defendant is accountable for all quantities …

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, Loss - Calculation/Determination of

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by The defendant in this case was charged with a structuring violation and was sentenced under Guideline §2S1.3. By using "relevant conduct" the court increased the sentence based on other funds involved in …

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

U.S. v. Skodnek, No. 94-10155-NG (D.Mass.) (933 F.Supp. 1108) (June 12, 1996) (Judge Nancy Gertner) by Although the court found that the defendant's diminished capacity, resulting from a series of disorders, would support a downward departure, it declined to grant such a departure, opting instead to remain within the heartland …

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 noted that, although Rule 614(b) permits the court to interrogate witnesses, the court may not "convey the court's view about the merits of the party's claim.".

U.S. v. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh) by The Court observed: "A defendant may waive a statutory right to appeal his sentence. United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir. 1990), cert. denied, 503 U.S. 942 (1992). However, …

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: 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 This is an important case which limited defense of qualified immunity to agents of the DEA for brutality arising out of abduction and torture of Mexican national. Effectively the case tolled the …

U.S. v. Rybicki, No. 94-5360 (4th Cir.) (96 F.3d 754) (September 26, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists

U.S. v. Rybicki, No. 94-5360 (4th Cir.) (96 F.3d 754) (September 26, 1996) (Judge Paul V. Niemeyer) by At the sentencing of a law enforcement officer convicted of perjury and conspiracy in this case, Judge Brinkema ruled that a prison term "makes absolutely no sense." Then, stretching the law to …

U.S. v. Wiener, No. 95-1294(L), No. 535 (2nd Cir.) (96 F.3d 35) (September 16, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Exculpatory No Doctrine

U.S. v. Wiener, No. 95-1294(L), No. 535 (2nd Cir.) (96 F.3d 35) (September 16, 1996) (Judge Ralph K. Jr. Winter) by In this case, the defendants were convicted of making false statements to Federal investigators in violation of 18 U.S.C. § 1001. The issue on appeal was whether the so-called …

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 …

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, Safety Valve

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. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Shannon, No. 95-2367 (7th Cir.) (94 F.3d 1065) (September 3, 1996) (Judge Daniel A. Manion) by Case held that a prior conviction for statutory rape was not a "crime of violence" for purposes of the Federal Sentencing Guidelines; but decision was subsequently vacated by an en banc decision …

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon) by Analyzing U.S. v. Lopez, 514 U.S. 549 (1995), the Court held that it did not change the Ninth Circuit rule that the Government need only prove a de minimis effect on interstate …