Search | Punch and Jurists

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, Aberrant Behavior

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes) by In this case the First Circuit adopted the minority view that the proper test for determining whether a defendant is entitled to a downward departure based on "aberrant conduct" is the "totality …

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter) by Case held that bad acts evidence need not be similar in kind if it is offered to prove knowledge or intent. In this case the Second Circuit refused to …

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth) by Case refused to grant a sentencing reduction on the basis of Guideline Amendment 506 on the grounds that the amendment was invalid and exceeded Congress's authority. This decision comes on a remand …

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin) by This en banc decision reverses both a prior decision in the same case (U.S. v. Caron, 64 F.3d 713 (1st Cir. 1995) and an earlier decision on the same issues, U.S. v. …

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 QUOTE OF THE WEEK - More than 60 years ago, Justice Sutherland described the idyllic - but rapidly vanishing - role of the prosecutors as follows: "The United States Attorney is the …

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan)

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

Filed under: Punch And Jurists, Return/Retention of Property

Matthews v. U.S., No. 2:93cr66 (E.D.Va.) (917 F.Supp. 1090) (February 13, 1996) (Judge Henry Coke Jr. Morgan) by The defendant in this case, an incarcerated inmate, filed a Rule 41(e) motion for the return of property seized in connection with his arrests on drug related charges. While the court ultimately …

U.S. v. Riley, No. 95-2694 (8th Cir.) (78 F.3d 367) (March 11, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists

U.S. v. Riley, No. 95-2694 (8th Cir.) (78 F.3d 367) (March 11, 1996) (Judge James B. Loken) by Case held that 18 USC § 1983(d)(1)(A) does not authorize pre-trial restraint of substitute assets.

Haywood v. Koehler, No. 95-2064 (2nd Cir.) (78 F.3d 101) (March 18, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Damages - Compensatory

Haywood v. Koehler, No. 95-2064 (2nd Cir.) (78 F.3d 101) (March 18, 1996) (Judge Jon O. Newman) by Although the Court affirmed an award of only nominal damages in this excessive-force case, it did also hold that "if it is clear from the undisputed evidence that a plaintiff's injuries were …

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.

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, Loss - Calculation/Determination of

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by This case contains a lengthy and detailed description of the determination of "loss" under both § 2B1.1 and § 2F1.1 of the Guidelines - particularly in the context of the Third Circuit's …

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

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 if an "Allen charge" (see Allen v. U.S., 164 U.S. 492 (1896)) is given, the Court must instruct jurors in substance that: "(1) members of both the …

Evans v. U.S.Parole Com'n., No. 95-2489 (7th Cir.) (78 F.3d 262) (February 13, 1996) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Special Parole

Evans v. U.S.Parole Com'n., No. 95-2489 (7th Cir.) (78 F.3d 262) (February 13, 1996) (Judge Frank H. Easterbrook) by This is one of those vintage decision by Judge Easterbrook in which he forcefully and with his usual perspicacity attacks what Judge Sporkin once referred to as the "yo-yo sentencing practices" …

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, Possession or Use of Firearms

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by Case held that Section 2K2.1(b)(5) does not require knowledge of the specific offense to be committed, nor does it require that it be the purchasers of the guns who commit the other …

U.S. v. Spires, No. 95-40176 (5th Cir.) (79 F.3d 464) (March 21, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Spires, No. 95-40176 (5th Cir.) (79 F.3d 464) (March 21, 1996) (Judge John M. Jr. Duhé) by This case explores the elusive concept of "entrapment by estoppel", which the Fifth Circuit observes "is applicable when a government official or agent actively assures a defendant that certain conduct is …

U.S. v. Meader, No. 95-25-B-H (D.Me.) (914 F.Supp. 656) (February 12, 1996) (Judge D. Brock Hornby)

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

Filed under: Punch And Jurists

U.S. v. Meader, No. 95-25-B-H (D.Me.) (914 F.Supp. 656) (February 12, 1996) (Judge D. Brock Hornby) by Case held that a psychologist could testify as to defendant's mental condition at time crime was committed, but that such testimony alone was not sufficient to submit insanity defense to the jury.

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper)

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

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

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper) by Judge Cooper adds to the growing controversy of the fairness of the crack/cocaine sentencing disparities with this novel holding. First he held that because the molecular formula for crack and cocaine were identical, the …

U.S. v. Scarano, No. 94-10213 (9th Cir.) (76 F.3d 1471) (February 20, 1996) (Judge William J. Rea)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Scarano, No. 94-10213 (9th Cir.) (76 F.3d 1471) (February 20, 1996) (Judge William J. Rea) by Based on the Supreme Court's holding in Witte v. U.S., 515 U.S. 389, the Ninth Circuit reversed its prior precedent and held that double jeopardy is not violated when court considers a …

U.S. v. Alston, No. 94-2195 (3rd Cir.) (77 F.3d 713) (February 26, 1996) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Klein Type Conspiracy

U.S. v. Alston, No. 94-2195 (3rd Cir.) (77 F.3d 713) (February 26, 1996) (Judge Leonard I. Garth) by This case deals with the Government's continuing efforts to chip away at the Supreme Court's holding in Ratzlaf v. U.S., 126 L.Ed.2d 615 (1994). The defendant was convicted of two counts: a …

U.S. v. Taveras, No. 99 CR 802(RWS) (S.D.N.Y.) (133 F.Supp.2d 298) (March 1, 2001) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Taveras, No. 99 CR 802(RWS) (S.D.N.Y.) (133 F.Supp.2d 298) (March 1, 2001) (Judge Robert W. Sweet) by

U.S. v. Garcia, No. 94-4664 (11th Cir.) (78 F.3d 1517) (April 1, 1996) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

U.S. v. Garcia, No. 94-4664 (11th Cir.) (78 F.3d 1517) (April 1, 1996) (Judge Edward E. Carnes) by They never give up! In 1989, the defendant was charged with four counts of a drug conspiracy, and at the close of all evidence he moved for a judgment of acquittal pursuant …