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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 April, 1996
Filed under: Punch And Jurists, Counterfeiting and Forgery
U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton) by Here the Court explained that the purpose of the enhancement contained in § 2B5.1(b)(2) is to provide harsher sentences for individuals who possess counterfeiting devices and produce counterfeit instruments, rather than persons …
U.S. v. Stoller, No. 95-2175 (1st Cir.) (78 F.3d 710) (February 29, 1996) (Judge Bruce M. Selya)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists
U.S. v. Stoller, No. 95-2175 (1st Cir.) (78 F.3d 710) (February 29, 1996) (Judge Bruce M. Selya) by In his typical aesthetic style, Judge Selya rejects a claim that a previously entered FDIC debarment order precluded a subsequent criminal prosecution on double jeopardy grounds. The defendant argued that the permanent …
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, Aberrant Behavior
U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by In a decision in which the D.C. Circuit overruled Judge Sporkin's granting of a downward departure based on extraordinary family and other circumstances, the Court also addressed the issue of aberrant behavior. …
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. James, No. Civ. No. 95-0252-R (S.D.Cal.) (915 F.Supp. 1092) (January 23, 1996) (Judge John S. Sr. Rhoades)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists
U.S. v. James, No. Civ. No. 95-0252-R (S.D.Cal.) (915 F.Supp. 1092) (January 23, 1996) (Judge John S. Sr. Rhoades) by What distinguishes this otherwise rather mundane drug conviction appeal is the reprise of some harsh criticism of the Guidelines originally voiced by Judge Rhoades in U.S. v. Kuhl, 816 F.Supp. …
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 QUOTE OF THE WEEK - One of the most important cases of the 1990's was a little noticed decision written by Judge Thomas A. Wiseman of Tennessee in a case entitled United …
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, Combination of Factors/Totality of Circumstances
U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner) by This is one of those crazy cases that shows the bountiful compassion of the Bureau of Prisons. A 76 year old defendant was convicted of bank fraud. His counsel moved for a downward departure …
U.S. v. Ottersburg, No. 95-1847 (7th Cir.) (76 F.3d 137) (February 2, 1996) (Judge Kenneth F. Ripple)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Jurors - Alternates
U.S. v. Ottersburg, No. 95-1847 (7th Cir.) (76 F.3d 137) (February 2, 1996) (Judge Kenneth F. Ripple) by In this case, the Court reverses a conviction on the grounds that the trial judge committed plain error by allowing two alternate jurors to deliberate and sign the verdict form along with …
U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer) by In this case the Eighth Circuit considered whether it can deny a reduction for acceptance of responsibility based on criminal conduct unrelated to the crime of conviction - here, a urinalysis test …
U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea.
U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Safety Valve
U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell) by Case held that defendants cannot claim the benefit of § 3553(f) merely because the Government never sought them out for debriefing; and that the disclosure obligations for the safety valve are more …
U.S. v. Moya, No. 94-4912 (11th Cir.) (74 F.3d 1117) (February 12, 1996) (Judge James Larry Edmondson)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Moya, No. 94-4912 (11th Cir.) (74 F.3d 1117) (February 12, 1996) (Judge James Larry Edmondson) by
U.S. v. Gallego, No. S1 95 Cr. 284 (LAK) (S.D.N.Y.) (913 F.Supp. 209) (January 16, 1996) (Judge Lewis A. Kaplan)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants
U.S. v. Gallego, No. S1 95 Cr. 284 (LAK) (S.D.N.Y.) (913 F.Supp. 209) (January 16, 1996) (Judge Lewis A. Kaplan) by Think it's hard to get a severance motion granted? Well, this case shows just how hard. One defendant moved for a separate trial on the grounds that evidence of …
U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Withdrawal
U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea. This case involves one of the great legal fictions about …
U.S. v. Filani, No. 95-1051, No. 73 (2nd Cir.) (74 F.3d 378) (January 11, 1996) (Judge Richard J. Cardamone)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Witnesses - Examination of
U.S. v. Filani, No. 95-1051, No. 73 (2nd Cir.) (74 F.3d 378) (January 11, 1996) (Judge Richard J. Cardamone) by This is a rare case in which the Second Circuit reversed a conviction because it found that Judge Tsoucalas had "unmistakably" interfered with the defendant's right to a fair trial …
U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by One of the issues in this case is whether the four level enhancement provided for in § 2K2.1(b)(5) (use of possession of a firearm in connection with another felony offense) requires that …
U.S. v. Kelley, No. 95-1658 (1st Cir.) (76 F.3d 436) (February 20, 1996) (Judge Walter Jay Skinner)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, False Statements, Testimony or Documents
U.S. v. Kelley, No. 95-1658 (1st Cir.) (76 F.3d 436) (February 20, 1996) (Judge Walter Jay Skinner) by One of the sentencing issues covered in this case dealt with the defendant's contention that the false statements he made to his probation officer who was preparing his presentence report were not …
U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Affirmative Defenses
U.S. v. Gambill, No. CR-1-95-092 (S.D.Ohio) (912 F.Supp. 287) (January 2, 1996) (Judge S. Arthur Spiegel) by Case held that a prosecution of the defendant for failing to register a machine gun when the Government would not accept registration would be fundamentally unfair and was barred by the Due Process …
U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Drug Quantity
U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis) by Case examines drug mixtures in determining calculation of weight.
U.S. v. Londono, No. 95-1332, No. 546 (2nd Cir.) (76 F.3d 33) (January 5, 1996) (Judge Dennis G. Jacobs)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Londono, No. 95-1332, No. 546 (2nd Cir.) (76 F.3d 33) (January 5, 1996) (Judge Dennis G. Jacobs) by As expected, the Second Circuit reverses another decision by Judge Weinstein, in which he granted a downward departure under the Guidelines so that the defendant and his wife could have …
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