Search | Punch and Jurists

U.S. v. Felix, No. 95-50250 (9th Cir.) (87 F.3d 1057) (June 27, 1996) (Judge James T. Jr. Trimble)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Felix, No. 95-50250 (9th Cir.) (87 F.3d 1057) (June 27, 1996) (Judge James T. Jr. Trimble) by Court held that Guideline Amendment 518 merely clarified, rather than amended, the Guidelines by specifying the weight of drugs to be considered in a completed transaction and therefore should be given …

U.S. v. Ferranti, No. 95-CR-119 (E.D.N.Y.) (928 F.Supp. 206) (June 5, 1996) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Ferranti, No. 95-CR-119 (E.D.N.Y.) (928 F.Supp. 206) (June 5, 1996) (Judge Jack B. Weinstein) by United States v. Gomez, 87 F.3d 1093 (9th Cir. 1996) (Judge Hall) United States v. Ferranti, 928 F.Supp. 206 (E.D.N.Y. 1996) (Judge Weinstein) Both of these cases involved challenges to the Federal arson …

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, Mental and Emotional Conditions/Distress/Claims

U.S. v. Pullen, No. 95-3790 (7th Cir.) (89 F.3d 368) (July 10, 1996) (Judge Richard A. Posner) by This Guidelines case explores the issue of whether the defendant, who was charged with armed robbery of a bank, was entitled to a downward departure under U.S.S.G. §§ 5H1.3 (Mental and Emotional …

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, Conditions of

U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner) by Court held that district court exceeded its authority by imposing a broad series of restitution conditions including the execuction of a quit-claim deed to the insurance company from whom the defendant embezzeled …

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, Strickland Standard

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. Beals, No. 95-3415 (7th Cir.) (87 F.3d 854) (June 20, 1996) (Judge Walter J. Cummings)

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

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

U.S. v. Beals, No. 95-3415 (7th Cir.) (87 F.3d 854) (June 20, 1996) (Judge Walter J. Cummings) by Although this decision was later overruled, the Court held that a statute authorizing reimposition of new term of supervised release which was enacted after original crime of conviction was unconstitutional as violation …

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 Here the Eleventh Circuit held that the trial court had not abused its discretion in finding that the defendant was prejudiced by a ten year delay between the period that he ceased …

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 This case brings home one of the great equivocations that exists in the enforcement of our drug laws. It has long been a basic principle of American jurisprudence that, as a …

U.S. v. Gomez, No. 94-50372 (9th Cir.) (87 F.3d 1093) (July 2, 1996) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

U.S. v. Gomez, No. 94-50372 (9th Cir.) (87 F.3d 1093) (July 2, 1996) (Judge Cynthia Holcomb Hall) by United States v. Gomez, 87 F.3d 1093 (9th Cir. 1996) (Judge Hall) United States v. Ferranti, 928 F.Supp. 206 (E.D.N.Y. 1996) (Judge Weinstein) Both of these cases involved challenges to the Federal …

U.S. v. Ferranti, No. 95-CR-119 (E.D.N.Y.) (928 F.Supp. 206) (June 5, 1996) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Ferranti, No. 95-CR-119 (E.D.N.Y.) (928 F.Supp. 206) (June 5, 1996) (Judge Jack B. Weinstein) by United States v. Gomez, 87 F.3d 1093 (9th Cir. 1996) (Judge Hall) United States v. Ferranti, 928 F.Supp. 206 (E.D.N.Y. 1996) (Judge Weinstein) Both of these cases involved challenges to the Federal arson …

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, Search and Seizure

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

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. Cowart, No. 95-5506 (6th Cir.) (90 F.3d 154) (July 22, 1996) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Cowart, No. 95-5506 (6th Cir.) (90 F.3d 154) (July 22, 1996) (Judge James L. Ryan) by Here the Court held that, while the Guidelines do not define the expression "common scheme or plan" for purposes of the career offender provisions of USSG § 4B1.1, the relevant conduct definition …

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney) by If they really want you in jail, they will never give up! In his concurring opinion, Judge Oakes described this long running case against Wayne Hellman as an "inherent inequity". …

U.S. v. Davis, No. 96-1143(L) (2nd Cir.) (114 F.3d 400) (June 12, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Commission of Offenses While on Release

U.S. v. Davis, No. 96-1143(L) (2nd Cir.) (114 F.3d 400) (June 12, 1997) (Per Curiam) by When they want you, they'll get you. Here the district court (Judge Elfvin) refused to impose a three level enhancement for committing an additional crime while on bail release because the language contained in …

U.S. v. Sawyer, No. 95-1689 (1st Cir.) (85 F.3d 713) (May 30, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Sawyer, No. 95-1689 (1st Cir.) (85 F.3d 713) (May 30, 1996) (Judge Norman H. Stahl) by Here the Court held that where the jury was permitted to find honest-services mail fraud upon proof of violations of either the State gift statute or the gratuity statute, and apellate court …

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy) by The defendant in this case was convicted of both a drug crime and a gun charge under 18 U.S.C. § 924(c); but the gun conviction was subsequently vacated based on the Bailey …

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin) by While the companion case to this case dealt primarily with the quantity of drugs attributable to a conspirator who was not charged with any substantive violation, this decision is noted …

U.S. v. Perez, No. 95-3814 (7th Cir.) (86 F.3d 735) (June 20, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Perez, No. 95-3814 (7th Cir.) (86 F.3d 735) (June 20, 1996) (Judge Richard A. Posner) by Here the Court noted that "only in the most extraordinary circumstances . . . will [the defense of duress] entitle the ex-felon to arm himself in advance of a crisis merely because …

Hays v. State of Ala., No. 95-6378 (11th Cir.) (85 F.3d 1492) (June 6, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

Hays v. State of Ala., No. 95-6378 (11th Cir.) (85 F.3d 1492) (June 6, 1996) (Judge James Larry Edmondson) by Relying on the Supreme Court's decision in Kyles v. Whitley, 514 U.S. 419 (1995), the Court held that a showing of materiality does not require proving that dusclosure of the …