Search | Punch and Jurists

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch) by Case held that district court did not commit reversible error by failing to give defendant the right of allocution at resentencing hearing.

Danneskjold v. Hausrath, No. 95-2062, No. 95 (2nd Cir.) (82 F.3d 37) (April 19, 1996) (Judge Ralph K. Jr. Winter)

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

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

Danneskjold v. Hausrath, No. 95-2062, No. 95 (2nd Cir.) (82 F.3d 37) (April 19, 1996) (Judge Ralph K. Jr. Winter) by The Court reasoned as follows: "The relationship is not one of employment; prisoners are taken out of the national economy; prison work is often designed to train and rehabilitate; …

U.S. v. Dean, No. 95-4181 (11th Cir.) (80 F.3d 1535) (April 24, 1996) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists

U.S. v. Dean, No. 95-4181 (11th Cir.) (80 F.3d 1535) (April 24, 1996) (Judge Phyllis A. Kravitch) by This is a fascinating and important case from the Eleventh Circuit which addresses a number of heady issues and produces the strongest statement to date from that Circuit that civil forfeitures constitute …

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Although Rule 32(b)(6)(A) states that a defendant must receive his presentence report 35 days prior to the sentencing hearing (unless waived), this Court joins four other Circuits in holding that the defendant …

U.S. v. Boots, No. 94-1811 (1st Cir.) (80 F.3d 580) (March 29, 1996) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Jurisdiction - Generally

U.S. v. Boots, No. 94-1811 (1st Cir.) (80 F.3d 580) (March 29, 1996) (Judge Levin H. Campbell) by This case involves an appeal from a number of convictions by some Native Americans who were convicted of wire fraud and conspiracy in furtherance of a scheme to transport tobacco from their …

U.S. v. Tedder, No. 95-10325 (5th Cir.) (81 F.3d 549) (April 15, 1996) (Judge Carl E. Stewart)

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

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

U.S. v. Tedder, No. 95-10325 (5th Cir.) (81 F.3d 549) (April 15, 1996) (Judge Carl E. Stewart) by The defendant in this case pled guilty to one count of fraudulent use of a social security number and one count of aiding and abetting. He was in the business of counseling …

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher) by This case is noted because of the Court's strong statement that a defendant's eligibility for an acceptance-of-responsibility reduction does not turn on cooperation in the apprehension or prosecution of co-defendants. Citing U.S. …

U.S. v. Dunn, No. 95-30172 (9th Cir.) (80 F.3d 402) (April 9, 1996) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists

U.S. v. Dunn, No. 95-30172 (9th Cir.) (80 F.3d 402) (April 9, 1996) (Judge John T. Jr. Noonan) by This is still another case on the validity of Guideline Amendment No. 506, in which the Sentencing Commission attempted to clarify some of the ambiguities about the proper sentencing ranges for …

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin)

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

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

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin) by This pre-Guidelines sentencing appeal principally involves the very scary proposition that sentencing judges have the right, sua sponte, to increase a defendant's sentence long after it was originally imposed. While facts are rather …

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse)

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

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

U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse) by This is an important case in which the Court held that the record did not support the imposition of a requirement that the defendant notify third party clients of his …

U.S. v. Hatney, No. 94-9155 (11th Cir.) (80 F.3d 458) (April 15, 1996) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

U.S. v. Hatney, No. 94-9155 (11th Cir.) (80 F.3d 458) (April 15, 1996) (Judge Edward E. Carnes) by In this case child pornography case District Judge Bowen gave a substantial downward departure based on the "corresponding seaminess" on the part of the teenage victims who "readily, willingly and . . …

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin)

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

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

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin) by This pre-Guidelines sentencing appeal principally involves the very scary proposition that sentencing judges have the right, sua sponte, to increase a defendant's sentence long after it was originally imposed. While facts are rather …

U.S. v. Mauro, No. 95-1025 (2nd Cir.) (80 F.3d 73) (April 2, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

U.S. v. Mauro, No. 95-1025 (2nd Cir.) (80 F.3d 73) (April 2, 1996) (Judge J. Edward Lumbard) by Here the Court concluded that "the terrorist activities of the organization threatens the security of United States nationals or the national security of the United States" prong of 8 U.S.C. § 1189 …

Faulder v. Johnson, No. 95-40512 (5th Cir.) (81 F.3d 515) (April 10, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Faulder v. Johnson, No. 95-40512 (5th Cir.) (81 F.3d 515) (April 10, 1996) (Judge John M. Jr. Duhé) by In discussing the Vienna Convention, the Court observed that Article 36 "requires an arresting government to notify a foreign national who has been arrested . . . of his right to …

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton) by This decision contains a lengthy discussion of the proper standards for "grouping" of offenses under U.S.S.G. § 3D1.2(b). The defendant had argued that the court erred when it failed to group his …

U.S. v. Conway, No. 95-2232 (1st Cir.) (81 F.3d 15) (April 11, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Conway, No. 95-2232 (1st Cir.) (81 F.3d 15) (April 11, 1996) (Judge Bailey Aldrich) by This is one of those rare cases in which a defendant appeals the court's decision not to grant him a downward departure for substantial assistance under U.S.S.G. § 5K1.1 - and he wins. …

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 …

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin) by This case is cited because it contains a thoughtful review of (a) the type and degree of probable cause evidence that is needed to support a search warrant and (b) the …

U.S. v. Hernandez, No. 95-30007 (9th Cir.) (80 F.3d 1253) (January 31, 1996) (Judge Robert Boochever)

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

Filed under: Punch And Jurists

U.S. v. Hernandez, No. 95-30007 (9th Cir.) (80 F.3d 1253) (January 31, 1996) (Judge Robert Boochever) by In this case, following Bailey, the Court held that "in order for a defendant to be convicted of 'carrying' a gun in violation of section 924(c)(1), the defendant must have transported the firearm …

U.S. v. Brown, No. 93-4063 (11th Cir.) (79 F.3d 1550) (April 16, 1996) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Scheme or Artifice to Defraud

U.S. v. Brown, No. 93-4063 (11th Cir.) (79 F.3d 1550) (April 16, 1996) (Judge James Larry Edmondson) by Here the Court held that reasonable jurors could not find that a person of ordinary prudence, about to purchase a home, would rely on the developers own representations about the value of …