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U.S. v. Schinnell, No. 94-11155 (5th Cir.) (80 F.3d 1064) (April 9, 1996) (Judge Will L. Garwood)
Article • May 1, 1996 • from P&J May, 1996
Filed under: Punch And Jurists, Affecting a Financial Institution
U.S. v. Schinnell, No. 94-11155 (5th Cir.) (80 F.3d 1064) (April 9, 1996) (Judge Will L. Garwood) by One of the issues raised in this case was what it takes to "affect" a financial institution within the meaning of the nebulous provisions of U.S.S.G. § 2F1.1(b)(6)(B). Pushing that word to …
U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton)
Article • April 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Delegation of Authority
U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton) by One of the issues decided in this case is that a district court may not delegate its authority to set the amount and timing of fine payments to the Bureau of Prisons …
U.S. v. Martinez, No. 94-50620 (9th Cir.) (77 F.3d 332) (February 27, 1996) (Judge Andrew J. Kleinfeld)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Pre-Indictment Delay
U.S. v. Martinez, No. 94-50620 (9th Cir.) (77 F.3d 332) (February 27, 1996) (Judge Andrew J. Kleinfeld) by Prior to this appeal, the district court (Judge Marshall) dismissed an indictment for excessive pre-indictment delay because she concluded that the defendant had made an actual showing or prejudice since the delay …
U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Offense Statutory Maximum
U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner) by This case involves one of those emerging technical Guidelines' issues that incites people to scream "Ay Caramba"! Here, the Seventh Circuit joins a growing number of courts that have recently held that …
U.S. v. Garcia, No. 93-2512 (7th Cir.) (79 F.3d 74) (March 22, 1996) (Judge John L. Coffey)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists
U.S. v. Garcia, No. 93-2512 (7th Cir.) (79 F.3d 74) (March 22, 1996) (Judge John L. Coffey) by In this case, the Seventh Circuit proudly echos a long line of recent cases that deny that there can ever be a defense of sentencing manipulation. First, the Court distinguished sentencing manipulation …
U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Character/Reputation/Propensity
U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson) by This decision reviews an important, but frequently misunderstood, limitation on the prosecution's ability to present impeachment evidence in response to a defendant's introduction of "character evidence." Under the Rule 404(a)(1) of the …
U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Double Counting
U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by Case held that the Guidelines do not prohibit applying sentence enhancements under both § 2F1.1(b)(4)(B) - formerly codified at § 2F1.1(b)(3)(B) - and § 3B1.3 of the Guidelines.
U.S. v. DiDomenico, No. 93-1134 (7th Cir.) (78 F.3d 294) (March 1, 1996) (Judge Richard A. Posner)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Grouping
U.S. v. DiDomenico, No. 93-1134 (7th Cir.) (78 F.3d 294) (March 1, 1996) (Judge Richard A. Posner) by One of the many issues raised in this appeal from various RICO convictions was whether, for grouping purposes under U.S.S.G. § 3D1.4, the court is allowed to consider crimes for which the …
U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations
U.S. v. McQuilkin, No. 95-1127 (3rd Cir.) (78 F.3d 105) (March 11, 1996) (Judge Anthony J. Scirica) by In this case, the Court holds that defendants convicted of violating the "schoolyard" statute (21 U.S.C. § 860) are not entitled to relief from the applicable mandatory minimum sentence under the "safety …
U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Law of the Case
U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by Case held that "the law of the case doctrine does not directly apply to resentencing" and that sentencing issues may be revisited de novo on remand from the court of appeals (Id., …
DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Punishment
DiCola v. Food and Drug Admin., No. 94-1689 (D.C. Cir.) (77 F.3d 504) (March 1, 1996) (Judge Douglas Ginsburg) by This case involves the power of the Food and Drug Administration to permanently debar anyone convicted of a felony related to the Federal regulation of drug products from thereafter "providing …
U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions
U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by The defendant in this case was originally convicted of the interstate shipment of adulterated orange juice, and his Guideline sentencing level was 19 - calling for a sentence of 30 to 37 …
U.S. v. Merriweather, No. 93-4217 (6th Cir.) (78 F.3d 1070) (March 14, 1996) (Judge James L. Ryan)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Prejudice - Potential for Undue
U.S. v. Merriweather, No. 93-4217 (6th Cir.) (78 F.3d 1070) (March 14, 1996) (Judge James L. Ryan) by The defendant in this case was convicted of a drug conspiracy, and he appealed on the grounds that Judge Matia had erroneously admitted some taped conversations between him and persons who were …
Aguirre v. INS, No. 93-4195 (2nd Cir.) (79 F.3d 315) (March 22, 1996) (Judge Jon O. Newman)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Aggravated Felony
Aguirre v. INS, No. 93-4195 (2nd Cir.) (79 F.3d 315) (March 22, 1996) (Judge Jon O. Newman) by Here the Court held that "aggravated felony" as defined in the Immigtation and Nationality Act excludes drug offenses that are state, but not Federal, offenses. But see U.S. v. Pornes-Garcia, 171 F.3d …
U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony
U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz) by Although the convictions in this drug case were affirmed, the decision is cited because Judge Motz wrote one of her typically lucid decisions on two issues: the admissibility of a co-conspirator's hearsay …
U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements
U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr) by Case held that "because plea bargaining requires defendants to waive fundamental constitutional rights, we hold prosecutors engaging in plea bargaining to 'the most meticulous standards of both promise and performance'." (Id. …
Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Strickland Standard
Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs) by This is one of those crazy cases from la-la land that sorely tests the credibility (or gullibility) of the criminal justice system. It involves the tale of a sleepy lawyer and a …
U.S. v. Talbott, No. 95-2503 (7th Cir.) (78 F.3d 1183) (March 8, 1996) (Per Curiam)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists
U.S. v. Talbott, No. 95-2503 (7th Cir.) (78 F.3d 1183) (March 8, 1996) (Per Curiam) by Here's another case that discusses one of the many amorphous concepts in Federal criminal law - the burdens of proof that apply when a defendant asserts an affirmative defense such as the "self-defense" issue …
U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by In this case a licensed gun dealer who sold more than 100 guns to others who then resold them was denied a two-level adjustment as a minor participant under § 3B1.2(b). On …
U.S. v. Breslin, No. 95-0082 (E.D.Pa.) (916 F.Supp. 438) (January 29, 1996) (Judge Norma L. Shapiro)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Grand Jury
U.S. v. Breslin, No. 95-0082 (E.D.Pa.) (916 F.Supp. 438) (January 29, 1996) (Judge Norma L. Shapiro) by This is a rare but extraordinary decision in which Judge Shapiro dismisses an indictment because she found that prosecutor Michael P. Doss of the U.S. Attorney's Office in Philadelphia engaged in persistent acts …
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