Search | Punch and Jurists

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp) by Here the Court granted habeas relief to a sentence who had been sentenced to 20 years to life, because his counsel allowed him to reject a plea offer of 1 to …

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 This is another in the string of recent cases from the Second Circuit that deals with issue of restitution, and it contains some of the most detailed guidelines to date about the …

U.S. v. Spiers, No. 95-5335 (3rd Cir.) (82 F.3d 1274) (May 2, 1996) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Spiers, No. 95-5335 (3rd Cir.) (82 F.3d 1274) (May 2, 1996) (Judge Timothy K. Lewis) by The district court in this case ordered the defendant to serve a 110-month sentence to run consecutively for a state sentence and the defendant appealed arguing that the new sentence should have …

U.S. v. Feldman, No. 95-1900 (1st Cir.) (83 F.3d 9) (April 26, 1996) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Feldman, No. 95-1900 (1st Cir.) (83 F.3d 9) (April 26, 1996) (Judge Bruce M. Selya) by Court held that defendant had no Fifth Amendment right to destroy incriminating papers; and therefore an enhancement for obstruction of justice under § 3C1.1 was proper. One of the issues raised in …

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 Case held that a Magistrate Judge does not have the statutory authority to hold a probation revocation hearing without the defendant's consent; and it ordered a new hearing.

Gambetta v. Prison Rehabilitative Industries, No. 96-4253 (11th Cir.) (112 F.3d 1119) (May 15, 1997) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Gambetta v. Prison Rehabilitative Industries, No. 96-4253 (11th Cir.) (112 F.3d 1119) (May 15, 1997) (Judge Max Rosenn) by Case held that inmates of state prisons who work for industries operated as state instrumentalities are not covered by the Fair Labor Standards Act and are not entitled to receive federal …

U.S. v. Jordan, No. 95-CR-6051L (W.D.N.Y.) (924 F.Supp. 443) (May 1, 1996) (Judge David G. Larimer)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Jordan, No. 95-CR-6051L (W.D.N.Y.) (924 F.Supp. 443) (May 1, 1996) (Judge David G. Larimer) by In this case, citing the standards laid down by the Supreme Court in the Daubert case, Judge Larimer rejects a Government motion to exclude expert testimony in the area of human memory and …

U.S. v. Rostoff, No. 93-1376 (1st Cir.) (53 F.3d 398) (April 24, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Loss - Multiple Loss Causation

U.S. v. Rostoff, No. 93-1376 (1st Cir.) (53 F.3d 398) (April 24, 1995) (Judge Bruce M. Selya) by Here's a great case involving the pre-1991 version of § 2F1.1 of the Guidelines that upholds a very substantial departure from the Guideline level based on "multiple loss causation." The district court …

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl) by The defendant in this case protested the attribution to him of 150 pounds of marijuana for sentencing purposes, arguing that the 150 pound lot never existed and was not the object of …

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Megan's Laws

Artway v. Attorney General of State of N.J., No. 95-5195 (3rd Cir.) (81 F.3d 1235) (April 12, 1996) (Judge Edward R. Becker) by In 1992, Alexander Artway was released from prison after serving seventeen years for a sex offense. He settled in New Jersey, secured employment and got married. In …

U.S. v. Gomez, No. 94-10520 (9th Cir.) (92 F.3d 770) (April 11, 1996) (Judge Alex Kozinski)

Article • May 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Defense - Right to Present

U.S. v. Gomez, No. 94-10520 (9th Cir.) (92 F.3d 770) (April 11, 1996) (Judge Alex Kozinski) by Here, blasting the Government's "fictive imagination", the Court held that the district court had erred in denying the defendant the right to present to the jury his defense of duress to explain why …

U.S. v. Mindel, No. 94-50562 (9th Cir.) (80 F.3d 394) (April 5, 1996) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Mindel, No. 94-50562 (9th Cir.) (80 F.3d 394) (April 5, 1996) (Judge Proctor Jr. Hug) by This is an interesting restitution case in which the court ruled that a group of the defendant's victims had no standing to intercede and to object to the district court's decision to …

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Barber, No. 94-5065 (4th Cir.) (80 F.3d 964) (April 5, 1996) (Judge Paul V. Niemeyer) by This is a fascinating decision, from a sharply divided Court, that explores whether a racially mixed couple, on trial in western Virginia on a money laundering charge arising out of the sale …

U.S. v. Klausner, No. 95-1451, No. 862 (2nd Cir.) (80 F.3d 55) (March 27, 1996) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Klausner, No. 95-1451, No. 862 (2nd Cir.) (80 F.3d 55) (March 27, 1996) (Judge Roger J. Miner) by See, for example, U.S. v. Neder, 136 F.3d 1459, 1464 (11th Cir. 1998), where the Eleventh Circuit observed that every other Circuit addressing the issue have held that materiality under …

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore) by This is an interesting case in which Judge Moore rejects a Government effort to increase the defendant's sentence under U.S.S.G. § 3B1.1 because of his alleged "aggravating role" in a money laundering caper. …

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio) by Case held that when a § 924(c) conviction is reversed on sufficiency of evidence grounds, the case is subject to remand to determine the applicability of the enhancement under USSG § 2D1.1(b)(1).

U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner) by The Court stated: "Estimates of the drug quantities attributable to the defen- dant are permissible, of course, so long as they are based on evidence possessing sufficient indicia of reliability and not …

U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs) by The sole question raised on this appeal was whether the defendant met the requirements set out both in 18 U.S.C. § 3553(f)(4) and U.S.S.G. § 5C1.2(4) and therefore was eligible for a …

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse)

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

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

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse) by This case shows clearly the difference between a conviction under 18 U.S.C. § 924(c) and a sentence enhancement under U.S.S.G. § 2D1.1(b)(1). First, relying on the Bailey case, the court …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez) by Here the Court held that if the court defers acceptance of the plea or the plea agreement, the defendant may withdraw his plea for any reason or for no reason, until the …