Search | Punch and Jurists

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner) by In this case an inmate filed a pro se motion under 18 U.S.C. § 3582(c)(2) seeking a reduction of his sentence based on the provisions of Amendment No. 506. The Court concluded that the …

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, Searches - Vehicle checkpoints

Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam) by Over the strong dissent of three judges, the Eleventh Circuit refused to rehear its previous decision upholding the validity of temporary, unannounced roadblocks established on the pretext of ensuring compliance with traffic related laws. …

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug) by The Court frames the issue in this case as "whether a judge can sentence a defendant for a crime of which the jury found her not guilty." In most countries in the …

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

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to use uncharged conduct at sentencing, the Government must establish, by a preponderance of evidence, a nexus between that conduct and the offense of conviction. This case …

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, Ability to Pay

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by In reviewing one of the many sentencing issues involved in this case, the Third Circuit reversed a restitution order on the grounds that the lower court had failed to make the findings …

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 After the defendant in this case was released from prison in early 1982, he began working for a mental health services organization. No condition of the court or his certificate of …

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, Jury Nullification

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by In this multi-issue appeal from an assortment of drug and gun convictions, the Court affirmed (a) the propriety of admitting, under Rule 404(b), evidence of prior uncharged drug dealings; and (b) the …

U.S. v. Smith, No. 92-3220 (D.C. Cir.) (77 F.3d 511) (March 5, 1996) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Smith, No. 92-3220 (D.C. Cir.) (77 F.3d 511) (March 5, 1996) (Judge Harry T. Edwards) by This is a revealing case that sheds new light on the prosecutor's duty to disclose material evidence favorable to a defendant. Here, the D.C. Circuit reverses a drug conviction and orders a …

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to be entitlerd to an instruction on entrapment, the defendant must present hard evidence of some improper "inducement" - which consists of an apportunity plus something else …

U.S. v. Millar, No. 95-1142, No. 559 (2nd Cir.) (79 F.3d 338) (April 1, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Affecting a Financial Institution

U.S. v. Millar, No. 95-1142, No. 559 (2nd Cir.) (79 F.3d 338) (April 1, 1996) (Judge Ralph K. Jr. Winter) by Case was remanded for a determination of whether the defendant had derived the illicit funds individually, rather than jointly, as required by Application Note 11 to § 2B1.1.

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 Judge Hornby reviewed the elements of both the insanity defense (under Rule 12.2 and under 18 U.S.C. § 17(b)) and the diminished capacity defense as defined in numerous reported cases. He noteed that …

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 Case held that Government is required to prove at sentencing that cocaine base constitutes crack cocaine. This case presents a creative and novel method of getting around the enhanced penalty provisions that apply …

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, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court rejected a challenge based on the use of impermissible uncharged misconduct evidence, holding that the Court has often approved the use of prior narcotics involvement to prove motive and …

U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris) by Court sentenced defendant to 12 months home confinement due to cumulative nature of medical hardships facing the defendant and his family. In sharp contrast to the Dyce decision reported at 78 …

U.S. v. Gomez-Rodriguez, No. 95-10114 (9th Cir.) (77 F.3d 1150) (February 21, 1996) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Gomez-Rodriguez, No. 95-10114 (9th Cir.) (77 F.3d 1150) (February 21, 1996) (Judge Harry Pregerson) by

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton) by The defendant in this case was a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania when a grand jury indicted him on 200 counts of mail fraud in violation …

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Quintero-Barraza, No. 93-10764 (9th Cir.) (78 F.3d 1344) (March 7, 1996) (Judge Robert R. Jr. Merhige) by The distinguishing feature of this decision is the stinging dissent by Judge Tang who objects to the rather routine affirmance of the defendant's drug conviction, despite his conclusion that the conviction …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by This is a case that should wake up a lot of people to the heartless rigidity of the Guidelines and the "quality of our civilization." Amrhu Dyce was convicted of possession with …

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith) by This is one of those cadaverous comedies brought to us by the inimitable police force of New Orleans. The plaintiff, a tourist, was stopped by a policeman for making an illegal left …