Search | Punch and Jurists

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby) by Some six months after the defendant was released from prison on a prior charge, he was arrested on a new charge to which he pled guilty. The Government and the defendant stipulated that …

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. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This case deals with the permissible scope of travel restrictions that are imposed on probationers by the courts and the Probation Office. Here, the appellant sought relief from the Court after Judge …

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, Interstate Commerce - Effect on

U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson) by Here the Court rejected a challenge that Congress had exceeded its authority under the Commerce Clause when it enacted 18 USC § 922(d).

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel) by Here the Court found no error in the district court's acceptance of statements of two informants to increase the drug quantities charged to the defendant, even though the Government itself argued that …

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez)

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

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

C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by Important case in which the Court held that the parolee had a due process right in preventing parole bureau from notifying his employer of his status. After the defendant in this …

U.S. v. Brownstein, No. 95-50046 (9th Cir.) (79 F.3d 121) (March 21, 1996) (Judge Otto R. Jr. Skopil)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Brownstein, No. 95-50046 (9th Cir.) (79 F.3d 121) (March 21, 1996) (Judge Otto R. Jr. Skopil) by After robbing two federally insured banks, the defendant in this case voluntarily notified police and confessed to the crimes. At sentencing he sought a sentence reduction based on U.S.S.G. § 5K2.16. …

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Friedberg, No. 95-1615, No. 1165 (2nd Cir.) (78 F.3d 94) (March 13, 1996) (Per Curiam) by This is one of two important decisions decided by the Second Circuit during March that deals with the power of the Probation Office to harass its wards who are on supervised release. …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

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

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court held that the Government had failed to show "use" of a firearm because the evidence simply demonstrated that the defendant carried six pipe bombs along with drugs in his …

U.S. v. Wong, No. 95-1071(L), No. 323 (2nd Cir.) (78 F.3d 73) (March 13, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Evidence - Newly Discovered

U.S. v. Wong, No. 95-1071(L), No. 323 (2nd Cir.) (78 F.3d 73) (March 13, 1996) (Judge Dennis G. Jacobs) by This case is a good example of how difficult it is to get a new trial based on newly discovered evidence under Rule 33 of the Fed.R.Crim.P. The issue involved …

U.S. v. Mendoza, No. 95-50110 (9th Cir.) (78 F.3d 460) (March 11, 1996) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Mendoza, No. 95-50110 (9th Cir.) (78 F.3d 460) (March 11, 1996) (Judge John T. Jr. Noonan) by Court held that it was improper to base an upward departure on the quantity of the drugs involved. One of the issues raised in this case was a challenge to an …

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Search and Seizure

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam) by QUOTE OF THE WEEK - Few statements in the annals of American jurisprudence more accu rately summarize the evils of ignoring the protections of the Fourth Amendment than the following statement of Justice Jackson, …

San Pedro v. U.S., No. 94-4979 (11th Cir.) (79 F.3d 1065) (April 9, 1996) (Judge David W. Dyer)

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

Filed under: Punch And Jurists, Authority to bind other Government agencies

San Pedro v. U.S., No. 94-4979 (11th Cir.) (79 F.3d 1065) (April 9, 1996) (Judge David W. Dyer) by The defendant in this case, a long time snitch, sought a writ of mandamus and a temporary restraining order seeking a declaration that the institution of deportation proceedings violated his plea …

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes) by Case held that exceptional community or charitable activities may provide a basis for departure under the Guidelines.

U.S. v. Williams, No. 95-1359, No. 683 (2nd Cir.) (79 F.3d 334) (March 27, 1996) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Williams, No. 95-1359, No. 683 (2nd Cir.) (79 F.3d 334) (March 27, 1996) (Judge John M. Jr. Walker) by The defendant in this case was convicted on two drug counts, after a trial at which he testified. At sentencing, Judge Johnson accepted the recommendation of the Probation Office …

U.S. v. Noushfar, No. 94-30229 (9th Cir.) (140 F.3d 1244) (March 20, 1996) (Judge Eugene A. Wright)

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

Filed under: Punch And Jurists

U.S. v. Noushfar, No. 94-30229 (9th Cir.) (140 F.3d 1244) (March 20, 1996) (Judge Eugene A. Wright) by This is one of those cases that accurately sums up the enormous odds that a criminal defendant faces when attempting to obtain a fair trial in America. Here, a number of convictions …

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel) by Here's another example of the courts jumping on the bandwagon and determining that Guideline Amendment 506 as enacted is invalid. The defendant pled guilty to making a false statement to the Postal …

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner) by On of the interesting aspect of this decision is that the Court observed that there are some defendants for whom prison incarceration makes no sense at all.

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn) by This case presents a creative and novel method of getting around the enhanced penalty provisions that apply in drug cases involving "crack", compared to cocaine. The defendant pled guilty to selling 57 grams …

U.S. v. Schultz, No. CR 95-3011 (N.D.Iowa) (917 F.Supp. 1343) (February 23, 1996) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Schultz, No. CR 95-3011 (N.D.Iowa) (917 F.Supp. 1343) (February 23, 1996) (Judge Mark W. Bennett) by Court held that the facts in this case constituted one of the rare instances where the defendant was entitled to a sentence reduction for acceptance of responsibility despite his demand for a …