Search | Punch and Jurists

U.S. v. Pascarella, No. 95-1213 (L), No. 715 (2nd Cir.) (84 F.3d 61) (May 10, 1996) (Judge Daniel M. Friedman)

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

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

U.S. v. Pascarella, No. 95-1213 (L), No. 715 (2nd Cir.) (84 F.3d 61) (May 10, 1996) (Judge Daniel M. Friedman) by In trial where critical issue was whether defendant knew checks were stolen, district court did not abuse its discretion in admitting evidence that other stolen checks had recently been …

U.S. v. Hernandez, No. 95-1604 (2nd Cir.) (83 F.3d 582) (May 10, 1996) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Hernandez, No. 95-1604 (2nd Cir.) (83 F.3d 582) (May 10, 1996) (Judge Guido Calabresi) by Perhaps it pays to have been a Special Agent of the DEA when charged with a crime. Here, the defendant was such a Special Agent until she was indicted and charged with embezzling …

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn) by The Court also held that "we hold that forfeiture of proceeds under § 981(a)(1)(C) is not punishment. In reaching this outcome, we remain aware of contrary authority. Lundis urges …

U.S. v. Mejia, No. 91-6108 (11th Cir.) (82 F.3d 1032) (May 14, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Mejia, No. 91-6108 (11th Cir.) (82 F.3d 1032) (May 14, 1996) (Judge James Larry Edmondson) by Here the Court held that, in a multi-defendant case, the grant of one defendant's motion to extend the time to file motions under the Speedy Trial Act tolls the STA as to …

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs) by Case upheld a defendant's right to appeal from an order of restitution, even though he had signed a broad waiver of appeal rights, because the circumstances surrounding the plea did …

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 case is noted particularly for Judge Wald's dissent in which she forcefully argued that 18 USC § 3553(a)(2) allows a downward departure even in the absence of atypicality under U.S.S.G. § …

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Giwah, No. 95-1229 (2nd Cir.) (84 F.3d 109) (May 22, 1996) (Judge Fred I. Parker) by Court reversed a restitution order, holding that payments in excess of 15% of gross income exceeded what Congress had mandated in 15 USC § 1673. This is another in the string of …

U.S. v. Smith, No. 95-5257 (3rd Cir.) (82 F.3d 1261) (May 6, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 95-5257 (3rd Cir.) (82 F.3d 1261) (May 6, 1996) (Judge Walter K. Stapleton) by Here, despite agreeing with the defendant that he played a virtually identical role in the activities that the Government alleged was two separate conspiracies, the Court held that successive prosecutions did not …

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 Here the Court rejected the Government's attempt to try two separate immigration fraud conspiracies together, despite the fact that it admitted there was no single overarching scheme nor identity of …

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: Due Process, Punch And Jurists

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by QUOTE OF THE WEEK - The evils of allowing the prosecutor to control the sentencing process were graphically described by District Judge Michael when he wrote: "Due process in sentencing, should, at …

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: Punch And Jurists, Burden of Proof

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Here the court emphasized that defendant is eligible for § 3E1.1 reduction only if he accepts responsibility for his criminal conduct - and that defendant's denial of "willful" violation of the law …

U.S. v. Muse, No. 95-5315 (4th Cir.) (83 F.3d 672) (May 13, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Muse, No. 95-5315 (4th Cir.) (83 F.3d 672) (May 13, 1996) (Judge Diana Gribbon Motz) by Here the Court held that the district court did not abuse its discretion by refusing to grant the defendant's request for a hearing outside the jury's presence on the Government's discovery violations. …

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn)

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

Filed under: Punch And Jurists

U.S. v. Various Computers and Computer Equipment, No. 95-3195 (3rd Cir.) (82 F.3d 582) (April 30, 1996) (Judge Max Rosenn) by In this case the principal issue was whether a civil forfeiture pursuant to a non-drug statute (18 U.S.C. § 981(a)(1)(C)) constituted punishment for double jeopardy purposes, when the court …

U.S. v. Stevens, No. 95-1346, No. 1041 (2nd Cir.) (83 F.3d 60) (May 8, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Stevens, No. 95-1346, No. 1041 (2nd Cir.) (83 F.3d 60) (May 8, 1996) (Per Curiam) by Court held that testimony by fellow inmates did not violate the Massiah rule.

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" …

Gaeta v. U.S., No. Civ. No. 94-11911-JLT (D.Mass.) (921 F.Supp. 864) (March 18, 1996) (Judge Joseph L. Tauro)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Gaeta v. U.S., No. Civ. No. 94-11911-JLT (D.Mass.) (921 F.Supp. 864) (March 18, 1996) (Judge Joseph L. Tauro) by This case involved Rule 32(a)(2) of the Fed.R.Crim.P. which requires the court to inform the defendant of his right to appeal. Here, the court opted for strict compliance with the Rule …

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Daubert Standards

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington) by Any lawyer who has ever attempted to persuade a judge at sentencing that his client suffered from some physical or mental ailment that ought to qualify him for a downward adjustment in his …

U.S. v. Crockett, No. 94-3217 (7th Cir.) (82 F.3d 722) (April 26, 1996) (Judge Richard D. Cudahy)

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

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

U.S. v. Crockett, No. 94-3217 (7th Cir.) (82 F.3d 722) (April 26, 1996) (Judge Richard D. Cudahy) by One of the issues raised by the defendant on this appeal was that the trial court erred by improperly taking into account a transaction that was outside the scope of the charged …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Court affirmed the proposition that if the court finds that the defendant had either the intent or capacity to deliver the full amount of drugs under negotiation, then that amount must be …

U.S. v. Reed, No. 95-10076-01 (D.Kan.) (924 F.Supp. 1052) (April 12, 1996) (Judge John Thomas Marten)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Reed, No. 95-10076-01 (D.Kan.) (924 F.Supp. 1052) (April 12, 1996) (Judge John Thomas Marten) by The defendant was indicted on six counts of possession of firearms or ammunition by an unlawful user of marijuana in violation of 18 U.S.C. § 922(g)(3). That statute makes it unlawful for any …