Search | Punch and Jurists

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, Expert Witnesses/Testimony

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that expert qualifications were not required before admitting testimony by undercover officer, that he had never seen drug dealers bring casual innocent observer to drug deal.

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: Jury Instructions, Punch And Jurists

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood) by In this case, involving the testimony of a paid informant who had been paid $54,000 for his efforts, the court held that the trial judge had given proper supplemental instructions regarding the …

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 While the outcome is the same, the reasoning of the Tenth Circuit in this case is in sharp conflict with the decision of the First Circuit in U.S. v. Lilly, 80 F.3d …

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 One of the issues discussed in this case is the importance of and the origins of the defendant's right of allocution at sentencing, as set forth in Rule 32(A)(1)(c). In Footnote …

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Harrington, No. 95-30362 (5th Cir.) (82 F.3d 83) (March 19, 1996) (Judge Fortunato P. Benavides) by This case points out a subtle nuance to § 5K2.0 - and its relationship to § 3B1.3 (abuse of position of trust). In this case, the district court imposed an upward departure …

Doe v. Pataki, No. 96 Civ. 1657 (DC) (S.D.N.Y.) (919 F.Supp. 691) (March 21, 1996) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96 Civ. 1657 (DC) (S.D.N.Y.) (919 F.Supp. 691) (March 21, 1996) (Judge Denny Chin) by Case held that the notification provisions of the N.Y. versions of Megan's Law were punishment for purposes of the Ex Post Facto Clause and granted plaintiffs a preliminary injunction.

U.S. v. Strang, No. 95-1198 (7th Cir.) (80 F.3d 1214) (April 10, 1996) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Instant Offense

U.S. v. Strang, No. 95-1198 (7th Cir.) (80 F.3d 1214) (April 10, 1996) (Judge Terrence T. Evans) by One of the defendants in this case had his sentence enhanced for obstruction of justice under § 3C1.1, because he perjured himself while testifying for the Government at his codefendant's trial. On …

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 This case shows the importance of the Supreme Court's recent ruling in U.S. v. Gaudin, 132 L.Ed.2d 444 (1995). Here, the defendant was convicted of filing a false IRS form 8300 …

U.S. v. Williams, No. 92-2794 (7th Cir.) (81 F.3d 1434) (April 23, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Williams, No. 92-2794 (7th Cir.) (81 F.3d 1434) (April 23, 1996) (Judge Richard A. Posner) by This is another of the many cases involving the El Rukns street gang from Chicago - one of the most outrageous examples of prosecutorial misconduct - and subsequent cover-up - in the …

U.S. v. Randazzo, No. 95-1489 (1st Cir.) (80 F.3d 623) (April 8, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Randazzo, No. 95-1489 (1st Cir.) (80 F.3d 623) (April 8, 1996) (Judge Michael Boudin) by The defendant was charged and convicted of broad array of offenses that fell into two broad categories: 97 counts that related to misbranding and introducing adulterated foods into interstate commerce; and 4 counts …

U.S. v. Randazzo, No. 95-1489 (1st Cir.) (80 F.3d 623) (April 8, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Randazzo, No. 95-1489 (1st Cir.) (80 F.3d 623) (April 8, 1996) (Judge Michael Boudin) by

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, Victims - Generally

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Court affirmed that definition of "victims" is narrower under the VWPA than under the Guidelines.

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha) by The defendant in this case was sentenced and his sentence was enhanced two levels for obstruction of justice, pursuant to U.S.S.G. § 3C1.1, premised on what the court considered to be perjured …

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, Prejudice - Potential for Undue

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 ruled that the trial judge did not abuse his discretion in permitting the use of evidence of a prior conviction of this Ku Klux Klan member. …

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, Ability to Pay

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Court vacated restitution order due to failure to make required findings.

U.S. v. Palomo, No. 94-20953 (5th Cir.) (80 F.3d 138) (March 28, 1996) (Judge James L. Dennis)

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

Filed under: Sentencing, Punch And Jurists

U.S. v. Palomo, No. 94-20953 (5th Cir.) (80 F.3d 138) (March 28, 1996) (Judge James L. Dennis) by This case explores the question whether a defendant has a constitutional right to the assistance of counsel in a proceeding to reduce his sentence under Rule 35(b) of the Fed.R.Crim.P. After reviewing …

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, Sentence and Judgement

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Case held that a defendant automatically waives any claim to the lateness of receipt of PSI Report by attending sentencing hearing. Although Rule 32(b)(6)(A) states that a defendant must receive his presentence …

U.S. v. Olivo, No. 94-5178 (10th Cir.) (80 F.3d 1466) (April 3, 1996) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Olivo, No. 94-5178 (10th Cir.) (80 F.3d 1466) (April 3, 1996) (Judge Mary Beck Briscoe) by Case held that Rule 608 is subject to balancing test (under Rule 403) so that probative value of evidence is weighed against prejudicial effect for purposes of relevancy. One of the issues …

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively) by In affirming the denial of a safety valve sentence reduction the court noted that the burden of proof is greater than for acceptance of responsibilty because it requires the defendant to disclose all …

Hickman v. Block, No. 94-55836 (9th Cir.) (81 F.3d 98) (April 5, 1996) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists

Hickman v. Block, No. 94-55836 (9th Cir.) (81 F.3d 98) (April 5, 1996) (Judge Cynthia Holcomb Hall) by Case held that the Second Amendment right to bear arms is a right held by the states and does not protect possession of a gun by a private citizen, so that plaintiff …