Search | Punch and Jurists

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 This case casts dramatic new light on a defendant's right to withdraw a guilty plea before he is blind-sided by the contents of the presentence report; and it presents some interesting questions …

U.S. v. Edmonds, No. 93-1890 (3rd Cir.) (80 F.3d 810) (April 4, 1996) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

U.S. v. Edmonds, No. 93-1890 (3rd Cir.) (80 F.3d 810) (April 4, 1996) (Judge Edward R. Becker) by See the Supreme Court's decision in Richardson v. U.S., Docket No. 97-8629 (6/1/99) which held that the jury must unanimously agree on the drug violations which constituted the "continuing series" that is …

U.S. v. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph) by Case held that any error from district court's ignorance of linked or "wired" guilty plea, by which acceptance of plea was conditioned on co-defendant also pleading guilty, was harmless.

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell)

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

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

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell) by One of the issues raised in this case was the use of a gun enhancement under U.S.S.G. § 2D1.1(b)(1). The defendant argued that the Supreme Court's decision in Bailey v. U.S., 133 …

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 Here the Court concluded that the registration provisions of Megan's Law did not constitute "punishment" under the Ex Post Facto, Bill of Attainder and Double Jeopardy Clauses. …

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Citing U.S. v. Johnson, 48 F.3d 806 (4th Cir. 1995), the court held that is is error to delegate the amount and timing of restitution payments to the Probation Office.

U.S. v. Blackwell, No. 95-8053 (10th Cir.) (81 F.3d 945) (April 11, 1996) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists

U.S. v. Blackwell, No. 95-8053 (10th Cir.) (81 F.3d 945) (April 11, 1996) (Judge Bobby R. Baldock) by Here the Court vacated a new sentence imposed 72 days after the original sentence based on the district court's decision that the new sentence was required to right an injustice, holding it …

U.S. v. Forte, No. 95-3076 (D.C. Cir.) (81 F.3d 215) (April 16, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Forte, No. 95-3076 (D.C. Cir.) (81 F.3d 215) (April 16, 1996) (Judge Stephen F. Williams) by Case suggests that lying about relevant conduct (as opposed to the offense of conviction) may not always be an absolute bar to an acceptance of responsibility sentence adjustment under USSG § 3E1.1. …

U.S. v. Hill, No. 95-5246 (6th Cir.) (79 F.3d 1477) (March 28, 1996) (Judge Karen Nelson Moore)

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

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

U.S. v. Hill, No. 95-5246 (6th Cir.) (79 F.3d 1477) (March 28, 1996) (Judge Karen Nelson Moore) by Court held that where two drug transactions are separated by more than one year, a relevant conduct finding generally may not be premised on the sole similarity that the transactions involved the …

U.S. v. Basket, No. 95-1178 (2nd Cir.) (82 F.3d 44) (April 19, 1996) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

U.S. v. Basket, No. 95-1178 (2nd Cir.) (82 F.3d 44) (April 19, 1996) (Judge Amalya Lyle Kearse) by United States v. Wilson, 81 F.3d 1300 (4th Cir. 1996) United States v. Basket, 82 F.3d 44 (2nd Cir. 1996) Both of these cases deal with Rule 11 of the Fed.R.Crim.P. in …

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl) by The defendant challenged the imposition of a $10,000 fine on the grounds of his current inability to pay the fine and the likelihood that he would not be able to pay it …

U.S. v. Flanagan, No. 95-20468 (5th Cir.) (80 F.3d 143) (March 29, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Flanagan, No. 95-20468 (5th Cir.) (80 F.3d 143) (March 29, 1996) (Judge Fortunato P. Benavides) by Twice in this case the Government appealed from the sentences imposed by Judge Hughes of Texas, and both times the Fifth Circuit remanded. The issue on this appeal was whether Judge Lynn …

U.S. v. Cuffie, No. 92-3263 (D.C. Cir.) (80 F.3d 514) (April 5, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Cuffie, No. 92-3263 (D.C. Cir.) (80 F.3d 514) (April 5, 1996) (Judge Judith W. Rogers) by This decision is a further amplification of the D.C. Circuit's important ruling in U.S. v. Smith, 77 F.3d 511 (D.C.Cir. 1996) about the prosecutor's duty, under the Brady rule, to disclose material …

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, Sexual Abuse/Harrassment/Exploitation

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton) by Case held that a person who possesses child pornography does not exploit a minor even though the materials "involved" the sexual exploitation of the minor by the producer.

U.S. v. Baucum, No. 94-3040 (D.C. Cir.) (80 F.3d 539) (April 9, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction - Generally

U.S. v. Baucum, No. 94-3040 (D.C. Cir.) (80 F.3d 539) (April 9, 1996) (Per Curiam) by While this case technically involves a constitutional challenge to the drug "school yard statute" (21 U.S.C. § 860(a)), the main issue addressed is whether a facial challenge to the constitutionality of a criminal statute …

U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes) by In this case the First Circuit reversed a trial court decision to enhance a defendant's sentence for his role as a supervisor or organizer of one other participant. The Court noted that …

U.S. v. Morris, No. 94-2740 (7th Cir.) (80 F.3d 1151) (April 2, 1996) (Judge Ilana Diamond Rovner)

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

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

U.S. v. Morris, No. 94-2740 (7th Cir.) (80 F.3d 1151) (April 2, 1996) (Judge Ilana Diamond Rovner) by One of the issues raised in this appeal was whether the defendants should be charged with the entire amount of fraud loss if factors other than their own fraud contributed to the …

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski) by Case held that providing materially false information to a pretrial services oficer constitutes obstruction of justice. This decision relates to two separate appeals by two different defendants, both of whom had their sentences …

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse)

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

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

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse) by This is one of those rare cases in which the Court holds that a prosecutor is not entitled to a summary judgment, on the grounds of either absolute or qualified …

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Materiality

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss) by Case held that failure to submit to jury the issue of the materiality of statements made by the defendant was reversible error.