Search | Punch and Jurists

Hogan v. Carter, No. 94-7037 (4th Cir.) (85 F.3d 1113) (June 4, 1996) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists

Hogan v. Carter, No. 94-7037 (4th Cir.) (85 F.3d 1113) (June 4, 1996) (Judge J. Michael Luttig) by Here the Court not only held that unpublished decisions are not regarded as binding precedent, it also ruled that such opinions cannot be cited or considered in any case in the absence …

U.S. v. Besler, No. 96-1220 (7th Cir.) (86 F.3d 745) (June 21, 1996) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Besler, No. 96-1220 (7th Cir.) (86 F.3d 745) (June 21, 1996) (Judge Walter J. Cummings) by Court remanded a sentence where a downward departure had been granted for voluntary disclosure of the offense due to inadequate findings by the district court. This case is cited because it reviews …

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) protecting statements made during plea negotiations do not apply to statements made after the plea agreement was finalized. The defendant in this case was …

U.S. v. Griffith, No. 95-2244 (7th Cir.) (85 F.3d 284) (May 29, 1996) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Griffith, No. 95-2244 (7th Cir.) (85 F.3d 284) (May 29, 1996) (Judge Richard D. Cudahy) by The defendant contended that his conviction of money laundering required the court to make a chain of statutory linkages which was so tenuous as to render the laundering statute's application to his …

U.S. v. Hall, No. 96-1386 (8th Cir.) (85 F.3d 367) (June 4, 1996) (Judge Gerald W. Heaney)

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

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

U.S. v. Hall, No. 96-1386 (8th Cir.) (85 F.3d 367) (June 4, 1996) (Judge Gerald W. Heaney) by This case explores Rule 606(b), which governs jurors’ competency to testify with respect to their deliberations. After the defendants were convicted at trial, the filed a motion for a new trial on …

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by Here the Court held that, while there are no limitations on what factors a court may consider in deciding not to grant a Rule 35(b) sentence reduction, the only factor it may consider in …

U.S. v. Ventura, No. 95-1871 (1st Cir.) (85 F.3d 708) (May 30, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists

U.S. v. Ventura, No. 95-1871 (1st Cir.) (85 F.3d 708) (May 30, 1996) (Judge Frank M. Coffin) by Here the Court reversed Judge Fuste's grant of a suppression motion on the grounds that customs is an inherently coercive environment, stating that custody depends on whether the restraints are equivalent to …

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer) by Here the Court held that a prior marijuana conviction was similar enough to the charged crimes of distribution of of cocaine and heroin as to be admissible under Fed.R.Evid. 404(b) to show …

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, Co-conspirator/Accomplice liability

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 This case covers a number of important sentencing issues that followed the conviction of two defendants for conspiracy to possess and distribute cocaine. One of the defendants (named Chalarca) was …

U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain) by Court held that "because section 1582 contains no reasonable cause requirement, the other circuits [which have addressed the issue] have held that it authorizes customs agents to search incoming international mail at …

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker) by This case examines, once again, the authority of the courts to modify illegally imposed sentences after they have been imposed. Here, Judge Mukasey originally sentenced the defendant to 12 concurrent …

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig) by Case held that because a sentence imposed upon revocation of a term of supervised release is an authorized part of the original sentence, punishment for the later offense is not barred by …

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (85 F.3d 943) (June 3, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (85 F.3d 943) (June 3, 1996) (Judge Jon O. Newman) by United States v. Versaglio, 85 F.3d 943 (2nd Cir. 1996) United States v. Cefalu, 85 F.3d 964 (2nd Cir. 1996) Poor Judge Korman! Both of these cases involve sentences for …

U.S. v. Forcelle, No. 95-3048 (8th Cir.) (86 F.3d 838) (June 24, 1996) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Res Gestae or Instrisic Evidence

U.S. v. Forcelle, No. 95-3048 (8th Cir.) (86 F.3d 838) (June 24, 1996) (Judge John R. Gibson) by In this case the court explained that under the theory of res gestae, evidence of prior crimes can be admitted when the prior crime is "so blended or connected with the one[s] …

U.S. v. Sims, No. 96-1068 (7th Cir.) (144 F.3d 1082) (May 22, 1998) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists

U.S. v. Sims, No. 96-1068 (7th Cir.) (144 F.3d 1082) (May 22, 1998) (Judge Diane P. Wood) by Relying principally on U.S. v. Powell, 496 U.S. 57 (1984), the court held that inconsistent verdicts - even verdicts that acquit on predicate offenses - do not give rise to a right …

Baker v. Pataki, No. 94-2163, No. 565 (2nd Cir.) (85 F.3d 919) (May 30, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Voting Rights

Baker v. Pataki, No. 94-2163, No. 565 (2nd Cir.) (85 F.3d 919) (May 30, 1996) (Per Curiam) by

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Assistance after sentencing

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by The Government moved to reduce the defendant's sentence based on his substantial assistance after sentencing. Judge Fawsett granted a reduction of only seven months, even though the Government recommended a reduction of 60 months. …

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker) by Although the court agreed that the district court did not have the power to correct a previously imposed sentence, even if wrong, it also held that the appeals court could …

U.S. v. Lindemann, No. 96-1188 (7th Cir.) (85 F.3d 1232) (June 4, 1996) (Judge Samuel Ray Cummings)

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

Filed under: Punch And Jurists

U.S. v. Lindemann, No. 96-1188 (7th Cir.) (85 F.3d 1232) (June 4, 1996) (Judge Samuel Ray Cummings) by In this case the Court addressed the use of evidence of cooperation in other cases to counter an attack on a witness' credibility. The witness involved in that case, one Tommy Burns, …

U.S. v. McQueen, No. 94-4701 (11th Cir.) (86 F.3d 180) (June 20, 1996) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. McQueen, No. 94-4701 (11th Cir.) (86 F.3d 180) (June 20, 1996) (Judge Paul H. Roney) by The Government appealed the sentence imposed on the defendant after his conviction for tampering with a witness in violation of 18 U.S.C. § 1512(b)(3). The applicable Guideline provision for that crime is …