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U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl)
Article • July 1, 1996 • from P&J July, 1996
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl) by Here the Court held that the sentencing enhancement contained in § 2D1.1(b)(1) did not apply where the weapon was used to rob co-conspirators, which was not in furtherance of the drug conspiracy …
U.S. v. Cefalu, No. 95-1225, No. 787 (2nd Cir.) (85 F.3d 964) (June 4, 1996) (Judge Fred I. Parker)
Article • July 1, 1996 • from P&J July, 1996
Filed under: Punch And Jurists, Applicable Guidelines Issues
U.S. v. Cefalu, No. 95-1225, No. 787 (2nd Cir.) (85 F.3d 964) (June 4, 1996) (Judge Fred I. Parker) 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. 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 Joinder Issues
U.S. v. Abbell, No. 93-0470-CR (S.D.Fla.) (926 F.Supp. 1545) (May 1, 1996) (Judge William M. Hoeveler) by
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, Acting as an Informer
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 standard conditions of probation and supervised release set forth in § 5B1.4 is the provision contained in subparagraph (a)(12) which prohibits the defendant from entering into any agreement …
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
U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch)
Article • July 1, 1996 • from P&J July, 1996
Filed under: Punch And Jurists, Right to Testify/Remain Silent
U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch) by One of the most important provisions contained in the Federal Sentencing Guidelines is an oft overlooked sentence in Application Note 1(a) to §3E1.1 which states that "A defendant may remain silent in …
J.B. Manning Corp. v. U.S., No. 95-55556 (9th Cir.) (86 F.3d 926) (June 19, 1996) (Judge Jerome Farris)
Article • July 1, 1996 • from P&J July, 1996
Filed under: Punch And Jurists, Return/Retention of Property
J.B. Manning Corp. v. U.S., No. 95-55556 (9th Cir.) (86 F.3d 926) (June 19, 1996) (Judge Jerome Farris) by In this case the Ninth Circuit joins the Tenth Circuit in holding that the good faith exception to the exclusionary rule does not apply to motions made under Rule 41(e) of …
U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch)
Article • July 1, 1996 • from P&J July, 1996
Filed under: Due Process, Punch And Jurists
U.S. v. Raposa, No. 95-2088 (1st Cir.) (84 F.3d 502) (May 29, 1996) (Judge Sandra L. Lynch) by Case discusses whether sentencing courts may consider illegally seized evidence at sentencing.
U.S. v. Edmonson, No. 95-3310-SAC (D.Kan.) (922 F.Supp. 505) (March 29, 1996) (Judge Sam A. Crow)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, In Absentia
U.S. v. Edmonson, No. 95-3310-SAC (D.Kan.) (922 F.Supp. 505) (March 29, 1996) (Judge Sam A. Crow) by The defendant argued that even though Rule 43(b) states that the continued presence of a defendant is not required and may be waived, the Rule provides that the defendant must be "initially present" …
U.S. v. Funches, No. 94-1419 (7th Cir.) (84 F.3d 249) (May 20, 1996) (Judge Joel L. Flaum)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Identification Evidence and Testimony
U.S. v. Funches, No. 94-1419 (7th Cir.) (84 F.3d 249) (May 20, 1996) (Judge Joel L. Flaum) by This police line-up case is noted because the Seventh Circuit ruled that a police line-up procedure was not so unduly suggestive as to render the witness' identification inadmissible even though the defendant …
U.S. v. Kouzmine, No. 95 Cr. 846 (LAK) (S.D.N.Y.) (921 F.Supp. 1131) (April 5, 1996) (Judge Lewis A. Kaplan)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants
U.S. v. Kouzmine, No. 95 Cr. 846 (LAK) (S.D.N.Y.) (921 F.Supp. 1131) (April 5, 1996) (Judge Lewis A. Kaplan) by
U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam) by Late last year the Supreme Court issued its decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995), which held that a defendant cannot be convicted, under 18 U.S.C. § 924(c), of "using" …
U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Waivers/Defaults
U.S. v. Salameh, No. 94-1321L (2nd Cir.) (84 F.3d 47) (May 9, 1996) (Judge Jon O. Newman) by The real issue involved in this World Trade Center bombing case was the highly technical question whether the Court had jurisdiction to hear an appeal after the defendants had first appealed their …
U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony
U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter) by The defendant in this case was convicted of various RICO and Hobbs Act charges and, appealing pro se, he challenged the convictions on the grounds that the Government had …
U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Prosecutorial Misconduct
U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby) by Faced with a rather clear violation of a district court's order that the Government provide the defendants in this case with the substance of any statements made by the defendants before trial, the …
U.S. v. Martinez, No. CR 95-266-PA (D.Or.) (924 F.Supp. 1025) (April 30, 1996) (Judge Owen M. Panner)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists
U.S. v. Martinez, No. CR 95-266-PA (D.Or.) (924 F.Supp. 1025) (April 30, 1996) (Judge Owen M. Panner) by This is a rare entrapment case in which the court grants a defendant's motion for an acquittal on the grounds that the evidence was insufficient to allow a rational jury to conclude …
U.S. v. Say, No. 2:95-cr-44-01 (D.Vt.) (923 F.Supp. 611) (November 17, 1995) (Judge William K. III Sessions)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Say, No. 2:95-cr-44-01 (D.Vt.) (923 F.Supp. 611) (November 17, 1995) (Judge William K. III Sessions) by Here's a surprising Guideline case that deals with the calculation of "loss" under U.S.S.G. §§ 2B1.1 and 2F1.1. In this case the defendant was caught crossing the border with 17 counterfeit credit …
Scheidemann v. I.N.S., No. 95-3241 (3rd Cir.) (83 F.3d 1517) (May 16, 1996) (Judge Walter K. Stapleton)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Aggravated Felony
Scheidemann v. I.N.S., No. 95-3241 (3rd Cir.) (83 F.3d 1517) (May 16, 1996) (Judge Walter K. Stapleton) by This is one of those politically correct but oblivious-to-logic cases that deals with the rights of aliens, convicted of an "aggravated felony", who are subsequently subjected to deportation proceedings. In 1987, the …
U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Restitution, Punch And Jurists
U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Court rejected a two level acceptance of responsibility where lower court relied on factors unrelated to defendant's guilt, including belief that a longer sentence would damage his law practice and thus constitute …
U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)
Article • June 1, 1996 • from P&J June, 1996
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The principal holding of this case is that even though the Sentencing Commission itself has "made . . . an extraordinary mea culpa acknowledging the enormous unfairness of one of its guidelines" …
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