Search | Punch and Jurists

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter) by This is an important restitution case that debunks a common practice of the courts and the prosecutors of imposing restitution in amounts far in excess of the defendant's ability to pay. Here, …

Yohn v. Love, No. 95-1412 (3rd Cir.) (76 F.3d 508) (February 9, 1996) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Ex Parte and In Camera Communications

Yohn v. Love, No. 95-1412 (3rd Cir.) (76 F.3d 508) (February 9, 1996) (Judge Carol Los Mansmann) by This is one of those perfectly outlandish cases, filled with sordid details about a prosecutor's personal mission to get a conviction at any cost and the active participation of the Chief Justice …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by One of the parables that is constantly preached is that a trial judge has a "wide range of discretion" when it comes to awarding downward departures at sentencing, because he is in …

U.S. v. Price, No. 95-3333 (3rd Cir.) (76 F.3d 526) (February 15, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists

U.S. v. Price, No. 95-3333 (3rd Cir.) (76 F.3d 526) (February 15, 1996) (Judge H. Lee Sarokin) by In this case the defendant and a man named Stubbs were convicted of bank robbery and carrying a firearm during and in relation to the robbery in violation of § 924(c)(1). Only …

U.S. v. Adams, No. 93-3058 (11th Cir.) (74 F.3d 1093) (February 12, 1996) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Adams, No. 93-3058 (11th Cir.) (74 F.3d 1093) (February 12, 1996) (Judge Richard Mills) by Here the district court reduced the defendants' base offense levels by ten levels, stating: "The gravamen of the Adams' unlawful scheme is fraud and misapplication of RTC funds. It is difficult to conceive …

U.S. v. Russell, No. 95-5300 (6th Cir.) (76 F.3d 808) (March 1, 1996) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Russell, No. 95-5300 (6th Cir.) (76 F.3d 808) (March 1, 1996) (Judge Leroy J. Jr. Contie) by In this case the defendant, a now-former cop, was arrested and convicted of various drug and gun crimes, and he was ultimately sentence to 87 months in prison. His sentence was …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by One of the parables that is constantly preached is that a trial judge has a "wide range of discretion" when it comes to awarding downward departures at sentencing, because he is in …

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, Miranda

U.S. v. Moya, No. 94-4912 (11th Cir.) (74 F.3d 1117) (February 12, 1996) (Judge James Larry Edmondson) by Case held that alien, who was stopped at customs, was not in custody for purposes of triggering any Miranda warnings; and that any determination of "custody" should be interpreted in light of …

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. Jones, No. 94-CR-143 (N.D.N.Y.) (911 F.Supp. 54) (January 2, 1996) (Judge Howard G. Munson)

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

Filed under: Punch And Jurists

U.S. v. Jones, No. 94-CR-143 (N.D.N.Y.) (911 F.Supp. 54) (January 2, 1996) (Judge Howard G. Munson) by This is a reprise of the classic case, first reported at 876 F.Supp. 395, in which Judge Munson refused to grant a continuance to Captain Davy Jones even though he acknowledged that Jones …

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin) by Case noted that special scrutiny must be given to the quantity of drugs charged to a defendant because it usually will be the single most important determinant of a defendant's sentence. Citing …

U.S. v. Schramm, No. 94-3619 (3rd Cir.) (75 F.3d 156) (January 30, 1996) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Schramm, No. 94-3619 (3rd Cir.) (75 F.3d 156) (January 30, 1996) (Judge Timothy K. Lewis) by Rare case in which a conspiracy conviction was reversed as not supported by the evidence. This is one of those notable but rare cases in which a conspiracy conviction is reversed because …

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Coronado-Cervantes, No. 94-CR-235 MV (D.N.M.) (912 F.Supp. 497) (January 9, 1996) (Judge Martha Vazquez) by In this case, the Government served notice of its intent to use deoxyribonucleic acid (DNA) evidence taken from semen samples in a rape prosecution. Judge Vazquez ruled that the Restriction Fragment Length Polymorphism …

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. Carrillo-Bernal, No. 94-173 MV (D.N.M.) (912 F.Supp. 488) (May 31, 1994) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Carrillo-Bernal, No. 94-173 MV (D.N.M.) (912 F.Supp. 488) (May 31, 1994) (Judge Martha Vazquez) by Case held that absence of luggage from passanger compartment and exceptionally clean condition of interior did not constitute "suspicious circumstances" required for detention of motorist. United States v. Covarrubia, 911 F.Supp. 1409 (D.N.M. …

U.S. v. Sanchez, No. 94-60686 (5th Cir.) (74 F.3d 562) (January 23, 1996) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Sanchez, No. 94-60686 (5th Cir.) (74 F.3d 562) (January 23, 1996) (Judge Edith H. Jones) by The defendant in this case, a police officer, was convicted of misdemeanor civil rights violations under 18 U.S.C. § 242 for coercing prostitutes to perform sexual acts under threat of arrest. The …

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf)

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

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

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf) by This is a case with a long and intricate history that raises some fascinating questions about the use of "relevant conduct" at sentencing. The defendant pled guilty to several RICO violations, …

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Restrepo-Aguilar, No. 95-1660 (1st Cir.) (74 F.3d 361) (January 30, 1996) (Judge Sandra L. Lynch) by Case held that state misdemeaner conviction for possession of marijuana constituted an aggravated felony for purposes of a 16 level enhancement.

U.S. v. Jones, No. 94-CR-143 (N.D.N.Y.) (911 F.Supp. 54) (January 2, 1996) (Judge Howard G. Munson)

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

Filed under: Punch And Jurists

U.S. v. Jones, No. 94-CR-143 (N.D.N.Y.) (911 F.Supp. 54) (January 2, 1996) (Judge Howard G. Munson) by

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres) by This is one of our all-time favorite cases, back for a reprise. In one of the many earlier decisions involving this same defendant, after he had been sentenced to six hundred …