Search | Punch and Jurists

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner) by Here the Court vacated a sentence based on the district court's determination of the quantity of drugs involved because it relied on testimony that was inherently inconsistent - which is "the prototype …

U.S. v. Abbell, No. 93-0470-CR (S.D.Fla.) (926 F.Supp. 1545) (May 1, 1996) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Abbell, No. 93-0470-CR (S.D.Fla.) (926 F.Supp. 1545) (May 1, 1996) (Judge William M. Hoeveler) by Here the Court denied the motions for severance of six of 59 defendants were were charged in a single indictment, essentially agreeing that separate trials would result in an inefficient use of judicial …

U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti)

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

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

U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti) by Case examines differences between USSG §§ 2B1.1 and 2F1.1 for purposes of calculating loss. This case is noted because it describes a subtle but significant difference between the calculation "losses" under U.S.S.G. § …

U.S. v. Thomas, No. 95-2093 (1st Cir.) (86 F.3d 263) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Thomas, No. 95-2093 (1st Cir.) (86 F.3d 263) (June 25, 1996) (Per Curiam) by At the time of his arrest the defendant in this case lied about his name and his age "to avoid being placed in an adult prison, not to avoid federal prosecution"; and his sentence …

U.S. v. Lacey, No. 94-3317 (10th Cir.) (86 F.3d 956) (June 11, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists

U.S. v. Lacey, No. 94-3317 (10th Cir.) (86 F.3d 956) (June 11, 1996) (Judge David M. Ebel) by Here the Court rejected a claim of sentencing factor manipulation in a case where a cooperating informant was instructed by the FBI to make a larger multi-kilo purchase of drugs from the …

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina) by Rejecting the Ninth Circuit's view in U.S. v. Kipp, 10 F.3d 1463, the 11th Circuit holds that drugs held for personal consumption are properly included as relevant conduct in determining the defendant's …

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. Isom, No. 94-1372 (1st Cir.) (85 F.3d 831) (June 7, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Isom, No. 94-1372 (1st Cir.) (85 F.3d 831) (June 7, 1996) (Judge Juan R. Torruella) by The defendant in this case moved to withdraw his guilty plea on the grounds of (a) ineffective assistance of counsel, (b) lack of understanding of the plea agreement, and (c) his professed …

U.S. v. Guzman, No. 95-1234 (1st Cir.) (85 F.3d 823) (June 7, 1996) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Guzman, No. 95-1234 (1st Cir.) (85 F.3d 823) (June 7, 1996) (Judge Bruce M. Selya) by This is a significant decision in which the Court held that the "Bartkus exception" (which holds that a successive prosecution by a sovereign that is acting as the pawn of another is …

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson) by In a case of first impression, the Ninth Circuit explores one of the parameters of the "safety-valve" provisions of 18 U.S.C. § 3553(f)(5) and U.S.S.G. § 5C1.2(5) in the context of a …

U.S. v. Camacho, No. 94 Cr. 313 (CSH) (S.D.N.Y.) (927 F.Supp. 83) (May 10, 1996) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Camacho, No. 94 Cr. 313 (CSH) (S.D.N.Y.) (927 F.Supp. 83) (May 10, 1996) (Judge Charles S. Jr. Haight) by United States v. Abbell, 926 F.Supp. 1545 (S.D.Fla. 1996) United States v. Camacho, 927 F.Supp. 83 (S.D.N.Y. 1996) These two cases graphically show the brazen nature of the Government's …

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

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy) by Case held that after Bailey-type appeal, the court could amend the unchallenged portions of the sentence, as sentences were interdependent, pursuant its supervisory powers under 28 USC § 2106.

U.S. v. Tabares, No. 95-5509 (3rd Cir.) (86 F.3d 326) (June 19, 1996) (Judge Dolores K. Sloviter)

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

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

U.S. v. Tabares, No. 95-5509 (3rd Cir.) (86 F.3d 326) (June 19, 1996) (Judge Dolores K. Sloviter) by Oops! Here's another sentencing blooper case. In this case, Judge Wolin castigated the defendant at sentencing for her lack of remorse and for not having learned from her prior conviction and prison …

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 Although this case does not refer to Rule 410, it does relate to the admissibility of statements made during plea discussions. The defendant in this case was charged with several drug counts. …

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, Terry Stops

U.S. v. Ventura, No. 95-1871 (1st Cir.) (85 F.3d 708) (May 30, 1996) (Judge Frank M. Coffin) by The defendants in this case were charged with failing to report the transportation of money in excess of $10,000 and with making false statements to Customs officials. They moved to suppress certain …

U.S. v. Bonner, No. 94-8660 (11th Cir.) (85 F.3d 522) (June 13, 1996) (Judge Thomas A. Clark)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Bonner, No. 94-8660 (11th Cir.) (85 F.3d 522) (June 13, 1996) (Judge Thomas A. Clark) by The defendant in this case pled guilty to making 20 threatening phone calls to a U.S. prosecutor who had previously convicted him on earlier charges. At sentencing, the court overruled the defendant's …

Peterson v. Williams, No. 95-2728, No. 1280 (2nd Cir.) (85 F.3d 39) (May 20, 1996) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Closure of Courtroom

Peterson v. Williams, No. 95-2728, No. 1280 (2nd Cir.) (85 F.3d 39) (May 20, 1996) (Judge Guido Calabresi) by Case held that a brief and inadvertant continuation of a proper courtroom closure, not noticed by any of the trial participants, although not permitted by law, did not rise to a …

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, Possession or Use of Firearms

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele) by After the defendant in this case was found guilty of certain drug crimes and of "using" a machine gun during the commission of a drug trafficking crime, the Supreme Court announced its decision …

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong) by

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, Concurrent and Consecutive Sentences

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 …