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U.S. v. Neal, No. 94-6002 (6th Cir.) (93 F.3d 219) (August 9, 1996) (Judge Richard F. Suhrheinrich)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Neal, No. 94-6002 (6th Cir.) (93 F.3d 219) (August 9, 1996) (Judge Richard F. Suhrheinrich) by United States v. Neal, 93 F.3d 219 (6th Cir. 1996) (Judge Suhrheinrich) Tamayo v. U.S. Dept. of Justice, 932 F.Supp. 342 (D.D.C. 1996) (Judge Harris) Granse v. United States, 932 F.Supp. 1162 …
U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams)
Article • September 1, 1996 • from P&J September, 1996
Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration
U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams) by Case held that unless a defendant claims that he was deprived of counsel, a sentencing court is not permitted to disregard a prior conviction for purposes of 18 USC § 924(e), but …
U.S. v. Martinez, No. 95-20619 (5th Cir.) (87 F.3d 731) (June 28, 1996) (Judge Will L. Garwood)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
U.S. v. Martinez, No. 95-20619 (5th Cir.) (87 F.3d 731) (June 28, 1996) (Judge Will L. Garwood) by United States v. Roseboro, 87 F.3d 642 (4th Cir. 1996) (Judge Niemeyer) United States v. Martinez, 87 F.3d 731 (5th Cir. 1996) (Judge Garwood) Both of these cases deal with the scope …
U.S. v. Reed, No. 95-1656(L), No. 1438 (2nd Cir.) (88 F.3d 174) (July 9, 1996) (Judge Amalya Lyle Kearse)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Reed, No. 95-1656(L), No. 1438 (2nd Cir.) (88 F.3d 174) (July 9, 1996) (Judge Amalya Lyle Kearse) by On the first appeal in this case, the Second Circuit remanded for further findings, concluding that "as to none of the [government's] proffered bases did the court find that Reed's …
Cross v. Cunningham, No. 95-2272 (1st Cir.) (87 F.3d 586) (June 27, 1996) (Judge Michael Boudin)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)
Cross v. Cunningham, No. 95-2272 (1st Cir.) (87 F.3d 586) (June 27, 1996) (Judge Michael Boudin) by The petitioner in this case sought a writ of habeas corpus on the grounds that New Hampshire had violated the anti-shuttling provisions of the Interstate Agreement on Detainers Act. The lower court dismissed …
U.S. v. Foxman, No. 94-5183 (11th Cir.) (87 F.3d 1220) (July 11, 1996) (Judge James Larry Edmondson)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Pre-Indictment Delay
U.S. v. Foxman, No. 94-5183 (11th Cir.) (87 F.3d 1220) (July 11, 1996) (Judge James Larry Edmondson) by The defendant in this case had served as the Chairman of a Savings and Loan Association until he left in 1983. In 1993 he was indicted for conspiracy to divert some funds …
U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (87 F.3d 1405) (July 9, 1996) (Judge David S. Tatel)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Stipulations
U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (87 F.3d 1405) (July 9, 1996) (Judge David S. Tatel) by This is an important (albeit fairly technical) decision that explores the enormously complex and convoluted intricacies of Rule 404(b) of the Fed.R.Evid. which attempts to define when "prior bad acts" evidence can …
U.S. v. Fitzgerald, No. 95-50521 (5th Cir.) (89 F.3d 218) (July 12, 1996) (Judge John M. Jr. Duhé)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Drug Quantity
U.S. v. Fitzgerald, No. 95-50521 (5th Cir.) (89 F.3d 218) (July 12, 1996) (Judge John M. Jr. Duhé) by Case held that the quantity of drugs under 21 USC § 844 is an essential element of the crime.
U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Gang Membership
U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum) by This is one of those rare cases in which the conviction of one of two defendants (both of whom were charged with possession of drugs with intent to distribute) was reversed because …
U.S. v. Blake, No. 96-30057 (9th Cir.) (88 F.3d 824) (July 10, 1996) (Judge Alfred T. Goodwin)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Credits
U.S. v. Blake, No. 96-30057 (9th Cir.) (88 F.3d 824) (July 10, 1996) (Judge Alfred T. Goodwin) by Case held that when a defendant's sentence of imprisonment is reduced below the time already served due to a Guideline amendment, the defendant's supervised release obligation should be reduced to commence on …
U.S. v. Sanchez, No. 94-3086 (D.C. Cir.) (88 F.3d 1243) (July 19, 1996) (Judge James L. Buckley)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Sanchez, No. 94-3086 (D.C. Cir.) (88 F.3d 1243) (July 19, 1996) (Judge James L. Buckley) by In this case the defendant pled guilty to a "felon-in-possession" gun charge; and after his plea was entered, the Supreme Court issued its ruling in Bailey v. U.S., 133 L.Ed.2d 472(1995). Based …
U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner) by Here the Court concluded that the Supreme Court has rejected the concept that that a downward depature must be consistent with the statutory goals of deterrence, incapacitation, retribution and correction. This Guidelines …
U.S. v. Keller, No. 94-1394, No. 936 (2nd Cir.) (58 F.3d 884) (July 7, 1995) (Judge Richard J. Cardamone)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Keller, No. 94-1394, No. 936 (2nd Cir.) (58 F.3d 884) (July 7, 1995) (Judge Richard J. Cardamone) by This Guideline case deals with the interplay of the Ex Post Facto Clause and which version of the Guidelines is applicable at a defendant's sentencing. The decision clearly affirms the …
U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam) by
U.S. v. Givens, No. 95-3760 (8th Cir.) (88 F.3d 608) (July 5, 1996) (Judge Morris Sheppard Arnold)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Givens, No. 95-3760 (8th Cir.) (88 F.3d 608) (July 5, 1996) (Judge Morris Sheppard Arnold) by Court held that there was no "manifest necessity" for the declaration of a mistrial as to two of the defendants, and thus retrial of those two defendants was barred by double jeopardy.
U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Refusal to file motion
U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé) by In this case the Court held that district courts have no authority to review a prosecutor's refusal to file a § 5K1.1 motion for a sentence reduction based on substantial assistance …
U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Search and Seizure
U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins) by Quote from Justice Jackson in which he described the atmosphere under which most police searches are conducted, forcing the citizen to meekly submit or resist at the risk of arrest. QUOTE …
U.S. v. Keller, No. 94-1394, No. 936 (2nd Cir.) (58 F.3d 884) (July 7, 1995) (Judge Richard J. Cardamone)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists
U.S. v. Keller, No. 94-1394, No. 936 (2nd Cir.) (58 F.3d 884) (July 7, 1995) (Judge Richard J. Cardamone) by Included in this multi-issue decision is a discussion of the meaning of the term "related" for purposes of § 4A1.2(a)(2). The Guidelines say that prior convictions are considered related if, …
U.S. v. Aramony, No. 95-5532 (4th Cir.) (88 F.3d 1369) (July 17, 1996) (Judge Clyde H. Hamilton)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Relevance
U.S. v. Aramony, No. 95-5532 (4th Cir.) (88 F.3d 1369) (July 17, 1996) (Judge Clyde H. Hamilton) by This is one of those cases that stretches the elastic limits of the term "relevant", as used in Rule 404(b) of the Fed.R.Evid., to cover just about anything needed to obtain a …
U.S. v. Catton, No. 95-2622 (7th Cir.) (89 F.3d 387) (July 11, 1996) (Judge Richard A. Posner)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, False Statements, Testimony or Documents
U.S. v. Catton, No. 95-2622 (7th Cir.) (89 F.3d 387) (July 11, 1996) (Judge Richard A. Posner) by Here the Court vacated a conviction under 18 UCS § 287 because an expert witness falsely testified that he had obtained information from a neighboring grower of the same crops which indicated …
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