Search | Punch and Jurists

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. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson)

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

Filed under: Forfeiture, Punch And Jurists

U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson) by Although the Court noted that some Circuits have approved "extraordinary forfeitures" as a valid basis for a downward departure, it rejected any downward departures on those grounds as erroneous as a …

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams)

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

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

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams) by In this case, during its openinf statement, the Government mentioned and attributed to defendants two murders - for which the defendants claimed that no evidence was thereafter introduced at trial. In analyzing …

U.S. v. Richman, No. 95-1682 (2nd Cir.) (93 F.3d 1085) (August 28, 1996) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists

U.S. v. Richman, No. 95-1682 (2nd Cir.) (93 F.3d 1085) (August 28, 1996) (Judge Richard J. Cardamone) by The Second Circuit vacated a sentence imposed by the dictrict court which refused to apply the sophisticated means enhancement of § 2T1.1(b)(2) on the grounds that it was the accountants for 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, Burden of Proof

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by This is one of those rare cases in which a Court of Appeals reversed a decision by a district court to deny the defendant a sentence reduction for acceptance of responsibility …

U.S. v. Sage, No. 96-1001, No. 1681 (2nd Cir.) (92 F.3d 101) (August 12, 1996) (Judge Eugene H. Nickerson)

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

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

U.S. v. Sage, No. 96-1001, No. 1681 (2nd Cir.) (92 F.3d 101) (August 12, 1996) (Judge Eugene H. Nickerson) by [Editor's Note: In 1992, Congress enacted 18 U.S.C. § 228, which became known as the Child Support Recovery Act of 1992 (CSRA). The CSRA was later amended by Congress on …

U.S. v. Lewis, No. 95-1681, No. 1514 (2nd Cir.) (93 F.3d 1075) (August 28, 1996) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists

U.S. v. Lewis, No. 95-1681, No. 1514 (2nd Cir.) (93 F.3d 1075) (August 28, 1996) (Judge Richard J. Cardamone) by Here the Court held that district court had erred when it treated the "sophisticated means" provision as a characteristic of the individual defendant rather than as an offense characteristic - …

U.S. v. Mortimer, No. 96-1067 (2nd Cir.) (94 F.3d 89) (August 29, 1996) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mortimer, No. 96-1067 (2nd Cir.) (94 F.3d 89) (August 29, 1996) (Judge J. Daniel Mahoney) by Here the Court held that the BOP could not, through its Inmate Financial Responsibilty Program, lawfully exercise the judicial responsibility of establishing a payment schedule for court imposed monetary penalties. United States …

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case held that district court's failure to dismiss alternate jurors once deliberations began was not reversible error.

U.S. v. Doe, No. 96-1081, No. 1905 (2nd Cir.) (93 F.3d 67) (August 21, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Doe, No. 96-1081, No. 1905 (2nd Cir.) (93 F.3d 67) (August 21, 1996) (Per Curiam) by In this case the Second Circuit held that an appeal from a Rule 35(b) Motion is governed by 18 U.S.C. § 3742, and not by 28 U.S.C. § 1291. However, it acknowledged …

U.S. v. Davis, No. 96-1156 (6th Cir.) (93 F.3d 1286) (August 26, 1996) (Judge Lesley Brooks Wells)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 96-1156 (6th Cir.) (93 F.3d 1286) (August 26, 1996) (Judge Lesley Brooks Wells) by Court held that district court had no right to order pretrial incarceration for medical evaluation after defendant gave notice that she intended to offer dimninished capacity defense.

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams) by Among the many issues raised in this drug conspiracy appeal were a series of challenges based on a number of jury misconduct issues. Four jurors gave affidavits after trial saying that the …

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore) by Case held that for purposes of departures under USSG § 5K2.13, diminished mental capacity is found where the defendant's condition affects his or her ability to process information or to reason. In …

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay) by Here the Court held that " the sentence imposed after Iversen violated her probation--six months imprisonment plus three years supervised release--was within the range of sentences available at the time of initial …

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris) by In this case, the defendant argued that the departure was warranted by "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." …

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace) by Here the Court rejected the defendant's argument that the 1994 amendments to 18 USC §§ 3553 and 3565 rendered mandatory the suggested prison sentences contained in Chapter Seven of the Guidelines.

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour) by

Smullen v. U.S., No. 95-2315 (1st Cir.) (94 F.3d 20) (August 30, 1996) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists

Smullen v. U.S., No. 95-2315 (1st Cir.) (94 F.3d 20) (August 30, 1996) (Judge Levin H. Campbell) by United States v. Stover, 93 F.3d 1379 (8th Cir. 1996) (Judge McMillian) Smullen v. United States, 94 F.3d 20 (1st Cir. 1996) (Judge Campbell) United States v. Mortimer, 94 F.3d 89 (2nd …

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. Garcia, No. 95-1587, No. 1729 (2nd Cir.) (94 F.3d 57) (August 26, 1996) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Garcia, No. 95-1587, No. 1729 (2nd Cir.) (94 F.3d 57) (August 26, 1996) (Judge John M. Jr. Walker) by Case held that finding of mental disease or defect required for insanity defense could not be based on defendant's alcohol consupmtion or drug consumption.