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U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Coffman, No. 95-3217 (7th Cir.) (94 F.3d 330) (August 27, 1996) (Judge Richard A. Posner)

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

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

U.S. v. Coffman, No. 95-3217 (7th Cir.) (94 F.3d 330) (August 27, 1996) (Judge Richard A. Posner) by Here the Court held that the amount of loss for sentencing purposes could be based on the "intended loss", even though the proposed victim had "smelled a rat" and informed authorities, precluding …

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito) by Case held that the Constitution does not require that a defendant be provided with information concerning parole eligibility for a guilty plea to be knowingly and voluntarily made.

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam) by While the government's failure to approve the DEA's seizure in this case turned on the lack of adequate notice to the claimants, the facts are illustrative of the Court's view …

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips) by This is another case that shows the broad scope of "relevant conduct" as that term is used in U.S.S.G. § 1B1.3 of the Guidelines. Here, the Fourth Circuit joins the Second …

U.S. v. Gigante, No. 93-1260(l), No. 381 (2nd Cir.) (94 F.3d 53) (August 26, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Preponderance of Evidence Standard

U.S. v. Gigante, No. 93-1260(l), No. 381 (2nd Cir.) (94 F.3d 53) (August 26, 1996) (Judge Ralph K. Jr. Winter) by Although the Second Circuit, in this case, confirmed the general proposition that a sentencing court may increase a defendant's sentence for unconvicted conduct based on proof by a preponderance …

U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam) by Government has no duty to disclose to defendant at time he pleads guilty which relevant conduct will be used to enhance sentence.

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Owens, No. 95-10397 (D.Mass.) (933 F.Supp. 76) (June 25, 1996) (Judge William G. Young) by This is a powerful and important decision about the prosecution's practice of deferring disclosure of materials about its own witnesses until after those witnesses have testified, as permitted under the Jencks Act [18 …

Foont v. U.S., No. 95-2721 (2nd Cir.) (93 F.3d 76) (August 22, 1996) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists

Foont v. U.S., No. 95-2721 (2nd Cir.) (93 F.3d 76) (August 22, 1996) (Judge John M. Jr. Walker) by As stated in U.S. v. Stoneman, 870 F.2d 102, 105-06 (3rd Cir. 1989), the Writ of Coram Nobis "is used to attack allegedly invalid convictions which have continuing consequences, when the …

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman) by Case held that, after the initial sentencing, the district court lacked the authority to alter the original sentence; and that such an amendment violated the "law of the case" doctrine.

U.S. v. St. John, No. 95-3665 (8th Cir.) (92 F.3d 761) (August 19, 1996) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. St. John, No. 95-3665 (8th Cir.) (92 F.3d 761) (August 19, 1996) (Judge Theodore McMillian) by Case held that no ex post facto violation arose from the fact that revocation of sentence imposed upon defendant included both term of imprisonment and new term of supervised release. The defendant …

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam) by While the government's failure to approve the DEA's seizure in this case turned on the lack of adequate notice to the claimants, the facts are illustrative of the Court's view …

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani) by In this case, the defendant created and controlled a corporation through which he received commissions on premiums obtained from the sale of fraudulent insurance policies. The defendant would defraud small business owners …

U.S. v. Castaneda, No. 95-30259 (9th Cir.) (94 F.3d 592) (August 29, 1996) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists

U.S. v. Castaneda, No. 95-30259 (9th Cir.) (94 F.3d 592) (August 29, 1996) (Judge Robert R. Beezer) by Case held that district courts have the authority to reduce the amount of drugs attributable to a defendant by any amount tainted by sentencing entrapment. In this drug case the district court …

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner) by In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was …

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani)

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

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

U.S. v. Sokolow, No. 95-1367 (3rd Cir.) (91 F.3d 396) (July 26, 1996) (Judge Jane A. Restani) by This case discusses the "value of funds" involved in a money laundering offense as that phrase is used in § 2S1.2(b). Citing U.S. v. Thompson, 40 F.3d 48 (3rd Cir. 1994), the …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by To date, Four other circuits have held that materiality is not an element of § 287. See United States v. Nash, 175 F.3d 429 (6th Cir. 1999); United States v. Taylor, …

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Credits

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum) by This somewhat technical decision contains a detailed analysis of the subtle distinctions between §§ 5G1.2 and 5G1.3. The defendant was sentenced, sequentially, on two different cases on the same day by the …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …