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U.S. v. Morin, No. 95-5242 (4th Cir.) (80 F.3d 124) (April 5, 1996) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

U.S. v. Morin, No. 95-5242 (4th Cir.) (80 F.3d 124) (April 5, 1996) (Judge J. Harvie III Wilkinson) by In this case the Court rejected a downward departure under U.S.S.G. § 5K2.10, based on provocation by the victim's conduct, in part due to a lack of evidence of that conduct …

U.S. v. Small, No. 93-3161 (D.C. Cir.) (80 F.3d 544) (April 12, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Small, No. 93-3161 (D.C. Cir.) (80 F.3d 544) (April 12, 1996) (Per Curiam) by This brief decision is noted because it contains some light, fun reading about a motion filed by a dismayed and thin-skinned U.S. Department of Justice which requested the D.C. Circuit to amend its earlier …

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. The defendant in …

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, Gun Laws/Crimes

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio) by One of the issues raised in this case was a claim by two defendants that, following their successful appeal of a gun charge under the Bailey ruling, the district court was precluded …

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Sentence and Judgement

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in the …

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, Occupational Restrictions

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 a very important case (that was first noted in the April 15, 1996 issue of Punch and Jurists) about the powers of the court and the Probation Officers …

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval) by Court approved post-arrest rehabilitation efforts as a valid basis for a downward departure - but see USSG § 5K2.19, which became effective on 11/1/00 and which made post-sentencing rehabilitation a …

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by In this case the Ninth Circuit vacated a sentence because the court had not properly determined whether the defendant and his counsel had the opportunity to read and discuss an amendment to …

U.S. v. Levine, No. 94-50588 (5th Cir.) (80 F.3d 129) (March 28, 1996) (Judge James L. Dennis)

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

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Levine, No. 94-50588 (5th Cir.) (80 F.3d 129) (March 28, 1996) (Judge James L. Dennis) by The Court observed that a majority of circuits have found that "hypothetical questions mirroring the fact patterns of the evidence in the trial case [violate Rule 704(b)] when the answering testimony contains …

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in 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 Court held that lying to a pretrial services officer is "the very anthesis of acceptance of responsibility.".

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

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by The defendant in this case was convicted of using unauthorized access devices (stolen credit cards) in violation of 18 U.S.C. § 1029(a)(2); and at sentencing the court imposed a two level …

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg) by Here the Court held that to qualify for a safety valve sentence reduction, the defendant must truthfully disclose all information about his crime "including the identities and participation of others" (Id., at …

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Reed, No. 95-10118 (9th Cir.) (80 F.3d 1419) (April 11, 1996) (Judge Stephen Reinhardt) by The defendant was convicted of being a felon in possession of a firearm. His sentence was enhanced for reckless endangerment during flight and he was ordered to pay $20,000 in restitution based on …

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, Special Conditions

U.S. v. Peppe, No. 95-2121 (1st Cir.) (80 F.3d 19) (March 29, 1996) (Judge Norman H. Stahl) by The Court found that the defendant's offense conduct involved the extortionate extension of credit; and thus the condition of prescreening new credit charges and credit lines "is a reasonable information-gathering device for …

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that defendant was not entitled to present evidence of harsh sentence he would receive if convicted since Federal juries perform no sentencing functions. Two weeks ago, in Issue No. 18, …

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood) by Quote from Judge Goldberg about the indiscriminate use of bartered testimony from highly-paid informants. Quote of the Week - Some reflective comments on the indiscriminate use of bartered testimony from snitches: "One …

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, Punishment

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 QUOTE OF THE WEEK - While Punch and Jurists frequently pokes fun at the tendency of the courts to quibble over hair-splitting profundities that produce the pedantic …

U.S. v. Stavig, No. 95-2793 (8th Cir.) (80 F.3d 1241) (April 10, 1996) (Judge John R. Gibson)

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

Filed under: Punch And Jurists

U.S. v. Stavig, No. 95-2793 (8th Cir.) (80 F.3d 1241) (April 10, 1996) (Judge John R. Gibson) by After a broad review of the concept of sentencing entrapment, the Court concluded that the Government had not engaged in such conduct and therefore the district court properly refused to grant a …