Search | Punch and Jurists

U.S. v. Kirvan, No. 95-1251 (2nd Cir.) (86 F.3d 309) (June 18, 1996) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Kirvan, No. 95-1251 (2nd Cir.) (86 F.3d 309) (June 18, 1996) (Judge Richard J. Cardamone) by The defendant in this case was convicted of bank robbery, and at his sentencing the court increased his sentence by five levels, pursuant to the provisions of § 2B3.1(b)(2)(C), because he "brandished, …

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo) by United States v. Forcelle, 86 F.3d 838 (8th Cir. 1996) (Judge Gibson) United States v. Gerard, 926 F.Supp. 1351 (N.D.Ill. 1996) (Judge Castillo) Here are two interesting cases that deal with Rule …

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. Although this case does not refer …

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza) by Case upheld a conviction under § 666 even if municipality had received a construction grant several years before the offenses were committed. This case shows just how easy it is for the …

U.S. v. Gossens, No. 95-5520 (4th Cir.) (84 F.3d 697) (May 28, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Gossens, No. 95-5520 (4th Cir.) (84 F.3d 697) (May 28, 1996) (Judge William W. Jr. Wilkins) by One of the issues addressed in this case was whether the district court had erred by granting a downward departure, under § 5K2.13, based on its finding that the defendant suffered …

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Privacy Act/Rights

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam) by QUOTE OF THE WEEK - More than 100 years ago, Justice Bradley of the Supreme Court wisely admonished against stealthy encroachments into our Constitutional rights with these words: "It may be that …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Threats

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by Here the Court held that the admission of both gang membership evidence and evidence of threats, even if erroneous, did not warrant relief because any error was harmless.

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele)

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

Filed under: Punch And Jurists

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele) by This case contains one of the best analyses we have seen of the power of a court to modify a defendant's sentence on a § 2255 appeal following a successful Bailey-type challenge to …

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss) by This case is noted because of its reminder that "silence is golden" and because of its analysis of the development of the current Guideline provision dealing with acceptance of responsibility, namely …

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner) by Here the Court joined with a majority of the Circuits in holding that the failure to advise a defendant of his right to appeal in violation of old Rule 32(a)(2) [now 32(c)(5)] …

U.S. v. Chesney, No. 95-5203 (6th Cir.) (86 F.3d 564) (June 14, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Chesney, No. 95-5203 (6th Cir.) (86 F.3d 564) (June 14, 1996) (Judge Karen Nelson Moore) by One of the issues raised in this case was a claim that the trial court had violated the defendant's Fifth Amendment rights to a fair trial by refusing to permit him to …

U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour)

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

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

U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour) by Although the Court affirmed the conviction in this case, it held that to prove a defendant "used" a gun during and in relation to the underlying crime, it must prove that he …

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza) by This case shows just how easy it is for the Federal Government to seize primary responsibility for the prosecution of State crimes despite the Tenth Amendment, which pointedly left criminal prosecution in …

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan) by In 1992, postal inspectors questioned the defendant regarding allegations that he had stolen mail from post office boxes; and he immediately confessed and agreed to make restitution. He was not indicted however …

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo) by

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam) by Special Feature A few weeks ago, we read, but decided not to comment on, a Second Circuit case, entitled U.S. v. Gigante, 85 F.3d 83 (2nd Cir. 1996). Upon our initial review …

U.S. v. Long, No. 95-2724 (7th Cir.) (86 F.3d 81) (June 4, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Long, No. 95-2724 (7th Cir.) (86 F.3d 81) (June 4, 1996) (Judge Joel L. Flaum) by After the defendant was convicted of drug trafficking, he appealed arguing that the trial court had improperly (and over his Rule 404(b) objections) allowed the introduction of testimony from a witness about …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by This case reviews two common examples of how the Government obtains convictions by testing the limits of Rule 403 of the Fed.R.Evid. That Rule, at least in theory, prohibits the use of …

U.S. v. Crouch, No. 93-7719 (5th Cir.) (84 F.3d 1497) (May 30, 1996) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Crouch, No. 93-7719 (5th Cir.) (84 F.3d 1497) (May 30, 1996) (Judge Will L. Garwood) by Here the majority held that where am indictment is not barred by the statute of limitations, dismissal for pre-indictmemt delay requires both actual prejudice and a finding that the Government sought a …

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, Other Crimes/Bad Acts Evidence

U.S. v. Forcelle, No. 95-3048 (8th Cir.) (86 F.3d 838) (June 24, 1996) (Judge John R. Gibson) by United States v. Forcelle, 86 F.3d 838 (8th Cir. 1996) (Judge Gibson) United States v. Gerard, 926 F.Supp. 1351 (N.D.Ill. 1996) (Judge Castillo) Here are two interesting cases that deal with Rule …