Search | Punch and Jurists

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

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. In a case of first …

Rodriguez v. U.S., No. 96 Civ. 2107 (SWK) (S.D.N.Y.) (933 F.Supp. 279) (June 26, 1996) (Judge Shirley Wohl Kram)

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

Filed under: Punch And Jurists

Rodriguez v. U.S., No. 96 Civ. 2107 (SWK) (S.D.N.Y.) (933 F.Supp. 279) (June 26, 1996) (Judge Shirley Wohl Kram) by The Supreme Court’s recent ruling in Bailey v. U.S., 133 L.Ed.2d 472 (1995) has led to the reversal of a large number of gun convictions under 18 U.S.C. § 924(c). …

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins) by Case held that 18 USC § 922(c) was constitutional as a valid exercise of Congress' power under the Commerce Clause.

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, Reliance on erroneous advice

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito) by Court remanded case for a determination of whether the petitioner's plea was voluntary based on claim that counsel was ineffective for giving erroneous advice concerning his eligibility for parole if he …

U.S. v. Randolph, No. 95-30137 (9th Cir.) (93 F.3d 656) (August 22, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists

U.S. v. Randolph, No. 95-30137 (9th Cir.) (93 F.3d 656) (August 22, 1996) (Judge Michael Daly Hawkins) by This was the first and only Circuit to hold that the Federal carjacking statute (18 USC § 2119) was a specific intent statute and that the Government failed to meet its burden …

U.S. v. Hernandez, No. 95-50667 (5th Cir.) (92 F.3d 309) (August 12, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Hernandez, No. 95-50667 (5th Cir.) (92 F.3d 309) (August 12, 1996) (Per Curiam) by Case held that the pattern jury instructions used (which are set forth in the decision in full) adequately informed the jury that any predisposition by defendant to commit the crime had to precede the …

Parker v. Boyer, No. 95-3988 (8th Cir.) (93 F.3d 445) (August 16, 1996) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Civil Rights Violations

Parker v. Boyer, No. 95-3988 (8th Cir.) (93 F.3d 445) (August 16, 1996) (Judge Morris Sheppard Arnold) by This decision focuses on one of the increasingly common tactics used by law enforcement officials at the time of their "raids" to collect evidence - namely titillating the press by recording the …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (92 F.3d 779) (April 30, 1996) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (92 F.3d 779) (April 30, 1996) (Judge Ferdinand F. Fernandez) by See U.S. v. Hyde, 520 U.S. 670 (1997) where this decision was reversed because the guilty plea had been accepted. However, see also U.S. v. Alvarez-Tautimez, 160 F.3d 573, 576, n. 5 …

U.S. v. Beltran-Ortiz, No. 95-5439 (4th Cir.) (91 F.3d 665) (August 7, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Failure to Debrief

U.S. v. Beltran-Ortiz, No. 95-5439 (4th Cir.) (91 F.3d 665) (August 7, 1996) (Judge William W. Jr. Wilkins) by This is another example of the false promises made to defendants by the Government to induce a guilty plea. Here, the Government agreed to de-brief the defendant prior to sentencing and …

U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr) by This decision contains a detailed review of a frequently recurring and important issue: Can a defendant qualify for an "acceptance of responsibility" sentence reduction under § 3E1.1 of the Guidelines without becoming …

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel) by In case where petitioner claimed that prosecutor breached terms of plea agreement, the Court firmly held that petitioner is entitled to relief "regardless of whether the government's conduct actually affected the sentencing …

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, Fragmentary Statements/Summaries

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case affirmed trial court's discretion to permit use of fragmentary statements so long as it determines that they are not misleading or prejudicial.

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr) by In this case, the district court found that the defendant was untruthful in her attempt to minimize her role in a drug conspiracy. The district court noted the length of time the …

U.S. v. Meadows, No. 95-3629 (7th Cir.) (91 F.3d 851) (July 26, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Meadows, No. 95-3629 (7th Cir.) (91 F.3d 851) (July 26, 1996) (Judge Daniel A. Manion) by Court held that the Government failed to present any evidence regarding the essential elements of the crime of posessing an unregistered firearm and a firearm with a barrel of less than 16 …

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins) by Case held that although defendant did not actively "use" a gun in connection with his marijuana crime, he could be charged with a weapon enhancement under § 2K2.1(b)(5) under the "possession" prong …

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, Waiver of Appeal Rights

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

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)

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

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

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by This case is noted because it explores an issue rarely discussed - the scope of Rule 609(a)(1) of the Fed.R.Evid. as it applies to the impeachment of a witness (here the …

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 QUOTE OF THE WEEK - The uneven playing field created by the Jencks Act. "The failure to provide full disclosure of the government's case early in the proceedings limits a defendant's ability to …

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood) by In this rather strange ruling, the Seventh Circuit vacated a conviction on the grounds that the district court had applied the incorrect standard in excluding and limiting proffered expert testimony concerning the …

U.S. v. Branch, No. 94-50437 (5th Cir.) (91 F.3d 699) (August 2, 1996) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Branch, No. 94-50437 (5th Cir.) (91 F.3d 699) (August 2, 1996) (Judge Patrick E. Higginbotham) by This lengthy decision results from an appeal by six of the unburned Branch Davidian survivors of the tragic "firefight" at Waco, Texas who were convicted of various federal crimes for their roles …