Search | Punch and Jurists

U.S. v. Singleton, No. 95-40076-01-SAC (D.Kan.) (922 F.Supp. 1522) (March 28, 1996) (Judge Sam A. Crow)

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

Filed under: Punch And Jurists

U.S. v. Singleton, No. 95-40076-01-SAC (D.Kan.) (922 F.Supp. 1522) (March 28, 1996) (Judge Sam A. Crow) by In a rare departure from the norm, Judge Crow directs the Government to comply with the "notice" requirements of Rule 404(b) and advise the defendant whether it intended to introduce evidence of prior …

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel) by Case held that it was not sufficient for the district court to simply adopt the presentence report on the critical issue of the quantity of drugs attributable to defendants when they disputed …

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (83 F.3d 1247) (May 8, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (83 F.3d 1247) (May 8, 1996) (Judge Bobby R. Baldock) by Here the Court vacated a panel's prior decision holding that a thermal image scan violated the Fourth Amendment, on the grounds that there were ample other reasons to support the search, making …

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam) by In this case the Eighth Circuit joins a growing number of courts that have held that the Sentencing Commission exceeded its statutory authority by defining, in Guideline Amendment No. 506, "offense statutory …

U.S. v. Bajakajian, No. 95-50094 (9th Cir.) (84 F.3d 334) (May 20, 1996) (Judge Warren J. Ferguson)

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Filed under: Punch And Jurists

U.S. v. Bajakajian, No. 95-50094 (9th Cir.) (84 F.3d 334) (May 20, 1996) (Judge Warren J. Ferguson) by QUOTE OF THE WEEK - To appreciate the Government's unquenchable thirst for wringing the last penny possible from every criminal defendant, one must analyze the motives that drive the Government. The Supreme …

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 Here the Ninth Circuit joins the Second, Fourth, Sixth and Seventh Circuits in holding that a sentencing judge may not grant a downward departure under U.S.S.H. § 5K2.0 in order to facilitate …

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: Sanctions, Punch And Jurists

U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby) by The Court also held that the factors a district court should consider in determining if a sanction is appropriate are (1) the reasons the Government delayed producing the requested materials, including whether or …

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

U.S. v. Edmonson, No. 95-3310-SAC (D.Kan.) (922 F.Supp. 505) (March 29, 1996) (Judge Sam A. Crow) by One of the issues raised in this case was whether the defendant was procedurally barred from bringing a collateral attack based on the Supreme Court's decision in Crosby v. U.S., 506 U.S. 255 …

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel) by Court held that extreme vulnerability to assault in prison may be a valid ground for departure, although it also held that the defendant's vulnerability "must be so extreme as to substantially affect …

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions) by In this just published 1995 ruling, Judge Sessions granted the Canadian defendants a downward departure under U.S.S.G. § 5K2.0, based on the defendants' alien status, in order to enable the …

U.S. v. Jennings, No. 95-3317 (6th Cir.) (83 F.3d 145) (May 8, 1996) (Judge Cornelia G. Kennedy)

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

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

U.S. v. Jennings, No. 95-3317 (6th Cir.) (83 F.3d 145) (May 8, 1996) (Judge Cornelia G. Kennedy) by Here the Sixth Circuit adopted the majority view that sentencing following remand should be conducted de novo and is not limited only to the reasons for the remand.

U.S. v. Bajakajian, No. 95-50094 (9th Cir.) (84 F.3d 334) (May 20, 1996) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists

U.S. v. Bajakajian, No. 95-50094 (9th Cir.) (84 F.3d 334) (May 20, 1996) (Judge Warren J. Ferguson) by In this case the Court affirmed a district court ruling that a forfeiture of more than $15,000 in cash for a violation of the Federal currency reporting requirements would be excessive under …

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, Disclosure Obligations

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Case held that disclosure to a probation officer did not satisfy the requirements of the safety valve disclosure obligations because the Probation Officer is not part of "the Government" for purposes of …

Billis v. U.S., No. 95-2161 (8th Cir.) (83 F.3d 209) (May 3, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Special Parole

Billis v. U.S., No. 95-2161 (8th Cir.) (83 F.3d 209) (May 3, 1996) (Per Curiam) by Joining the D.C. Circuit, the Eighth Circuit holds that the Parole Commission does have the authority to reimpose a term of special parole, rather than regular parole, following revocation.

U.S. v. Munoz, No. 95-2133 (1st Cir.) (83 F.3d 7) (April 26, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Munoz, No. 95-2133 (1st Cir.) (83 F.3d 7) (April 26, 1996) (Per Curiam) by Here the Court reversed a district court's determination that the defendant was not entitled to an extra one-level sentence reduction under USSG § 3E1.1(b)(2) by waiting until the case had been placed on the …

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam) by Here the Court held that law enforcement officers were entitled to qualified immunity with respect to claims of the use of excessive force.

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, Who is the "Government"?

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Case held that disclosure to a probation officer did not satisfy the requirements of the safety valve disclosure obligations because the Probation Officer is not part of "the Government" for purposes of …

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson)

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

Filed under: Magistrates, Punch And Jurists

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson) by Editor's Note: For a contrary view, see U.S. v. Waters, Docket No. 97-5513 (6th Cir. Sept. 28, 1998). Case held that a Magistrate Judge does not have the statutory authority to hold a …

U.S. v. Veloza, No. 95-4407 (11th Cir.) (83 F.3d 380) (May 21, 1996) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Veloza, No. 95-4407 (11th Cir.) (83 F.3d 380) (May 21, 1996) (Judge Rosemary Barkett) by Court firmly held that "the fact that a courier plays an essential role in an importation scheme does not alone necessarily preclude him from receiving a reduction for a minor role." (Id., at …

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin) by Here the Court affirmed that "full disclosure" is the price that Congress has attached to relief under the safety valve statute, and that the burden falls on the defendant to prove his entitlement …