Search | Punch and Jurists

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall) by Case explored the history of disclosure of presentence reports and cited numerous cases to support its conclusion that disclosure of the presentence reports of seven government witnesses was not warranted in this …

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes) by Court vacated a three level enhancement, holding that management responsibility over property, assets or activities is not a valid basis for such an enhancement. If nothing else, this case proves that interpreting …

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 The defendant in this case stipulated that a government chemist, if called as a witness, would have testified that the drugs seized were "a mixture and substance containing cocaine base which is …

U.S. v. Dean, No. 95-4181 (11th Cir.) (87 F.3d 1212) (June 27, 1996) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists

U.S. v. Dean, No. 95-4181 (11th Cir.) (87 F.3d 1212) (June 27, 1996) (Judge Phyllis A. Kravitch) by Following the Supreme Court's hilding in U.S. v. Ursery, the Court sua sponte again affirmed that a proposed forfeiture if $140,000 in funds that a defendant failed to report on a currency …

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart) by United States v. Lattimore, 87 F.3d 647 (4th Cir. 1996) (Judge Wilkins) (En banc) United States v. Ramirez-Gonzalez, 87 F.3d 712 (5th Cir. 1996) (Judge Stewart) These two Fourth Amendment search cases …

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock) by The issue before the Court in this case was whether a combination of liquid by-products and methamphetamine constitute a "mixture or substance containing a detectable amount of methamphetamine" for purposes of sentencing …

U.S. v. Allen, No. 94-30393 (9th Cir.) (88 F.3d 765) (July 3, 1996) (Judge Mary M. Schroeder)

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

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

U.S. v. Allen, No. 94-30393 (9th Cir.) (88 F.3d 765) (July 3, 1996) (Judge Mary M. Schroeder) by The Court specifically noted that the district court was not asked to include accrued interest as part of the actual loss calculation "although several circuits have approved the practice." (Id., at 771) …

U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner) by Here the Court vacated a restitution order imposed on a 60 year old defendant requiring her to make full restitution of $498,972 over a 54 month period in installments of at least …

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (89 F.3d 1185) (July 17, 1996) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (89 F.3d 1185) (July 17, 1996) (Judge Emilio M. Garza) by This decision, dated July 17, 1996, is a reissued version of the Fifth Circuit’s earlier decision, dated June 13, 1996, that was reported at 86 F.3d 404 (5th Cir. 1996) and which …

U.S. v. Brady, No. 95-3660 (3rd Cir.) (88 F.3d 225) (June 28, 1996) (Judge Theodore A. McKee)

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

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

U.S. v. Brady, No. 95-3660 (3rd Cir.) (88 F.3d 225) (June 28, 1996) (Judge Theodore A. McKee) by This decision should be read in conjunction with the Third Circuit's later decision on the same isse - U.S. v. Dozier, 119 F.3d 239 (3rd Cir. 1997) - where the Court stated …

U.S. v. Bruce, No. 95-3106 (D.C. Cir.) (89 F.3d 886) (July 26, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Bruce, No. 95-3106 (D.C. Cir.) (89 F.3d 886) (July 26, 1996) (Judge Patricia M. Wald) by In this case, the Court noted that the courts have generally been reluctant to allow defendants to "force their ineffective assistance claims into the 'actual conflict of interest' framework . . . …

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, Consent

U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins) by Over the strong dissent of six judges, the Court afirmed the validity of a consent given for a search of a car, despite the troopers admission that he searches 97% of …

U.S. v. Douglas, No. 95-3460 (8th Cir.) (88 F.3d 533) (June 24, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Credits

U.S. v. Douglas, No. 95-3460 (8th Cir.) (88 F.3d 533) (June 24, 1996) (Per Curiam) by The Courts of Appeals have reached differing conclusions on the issue of whether a defendant should be allowed credit against his sentence of supervised release for extra time served in prions. Compare United States …

U.S. v. Roseboro, No. 94-5902 (4th Cir.) (87 F.3d 642) (June 20, 1996) (Judge Paul V. Niemeyer)

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

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

U.S. v. Roseboro, No. 94-5902 (4th Cir.) (87 F.3d 642) (June 20, 1996) (Judge Paul V. Niemeyer) 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. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by Despite stating that it was "troubled by such testimony", the court rejected a claim that an expert witness' testimony, where he opined that the quantity of drugs possessed by the defendant signified …

U.S. v. Porter, No. 95-1219 (2nd Cir.) (90 F.3d 64) (July 23, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Porter, No. 95-1219 (2nd Cir.) (90 F.3d 64) (July 23, 1996) (Judge Fred I. Parker) by United States v. Lampien, 89 F.3d 1316 (7th Cir. 1996) (Judge Rovner) United States v. Porter, 90 F.3d 64 (2nd Cir. 1996) (Judge Parker) Here are two restitution cases that show the …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by The defendant in this case was charged with and convicted of possession of crack cocaine with intent to distribute. His defense was that he possessed the drugs for personal consumption and that …

U.S. v. Mothersill, No. 93-2609 (11th Cir.) (87 F.3d 1214) (July 11, 1996) (Judge John H. II Moore)

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

Filed under: Punch And Jurists, Pinkerton

U.S. v. Mothersill, No. 93-2609 (11th Cir.) (87 F.3d 1214) (July 11, 1996) (Judge John H. II Moore) by In this case the Eleventh Circuit expanded the breadth of Pinkerton liability to include reasonably foreseeable but originally unintended substantive crimes, including crimes occurring as a result of an unintended turn …

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly) by Here's another case that addresses the growing efforts by defendants to mitigate the onerous sentences that the Government seeks to impose though its indiscriminate use of money laundering charges in virtually every …

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly) by One of the issues raised by the Government in this appeal was the validity of Judge Berrigan's downward departure from the money-laundering Guideline range specified in § 2S1.2. The Judge rejected a …