Search | Punch and Jurists

U.S. v. Colbert, No. 95-1143 (6th Cir.) (76 F.3d 773) (February 26, 1996) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Searches - Protective Sweep

U.S. v. Colbert, No. 95-1143 (6th Cir.) (76 F.3d 773) (February 26, 1996) (Judge Boyce F. Jr. Martin) by This case contains an excellent review of the rules established by the Supreme Court in Maryland v. Buie that govern "protective sweeps" made at the time of an arrest. This case …

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, Undischarged Terms of Imprisonment

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by This decision contains a detailed analysis of USSG § 5G1.3(c), particularly in the context of the district court's belief that it did not have the authority to give any credit for a …

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr) by Here the Court rejected the defendant's contention that the term "loss" under USSG § 2F1.1 should not include accrued mortgage loan interest, holding that accrued interest is not the type of "opportunity …

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey) by In this case [at headnotes 9-10], the court emphatically rejects the argument that a drug courier is necessarily entitled to a sentence reduction under § 3B1.2 for being a minor participant. It …

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 Mixtures/Purity

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis) by This is another one of those sick cases that exemplifies the Government's stubborn refusal to admit mistakes even though the mistake in question resulted in the imposition of a sentence that was …

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, Secreted Assets

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter) by Here the Court rejected the Government's claim that the defendant had secreted assets, holding that if the Government had no proof, the proper remedy was to have an evidentiary hearing to enable …

U.S. v. Wilbon, No. 94-211 (D.N.M.) (911 F.Supp. 1420) (January 4, 1995) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Confessions - Coerced

U.S. v. Wilbon, No. 94-211 (D.N.M.) (911 F.Supp. 1420) (January 4, 1995) (Judge Martha Vazquez) by This is another sparkling decision by Judge Vazquez that took over a year to get published. Here, Judge Vazquez threw out a "confession" because of the following facts: (a) there was an unreasonable delay …

U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow) by This is an interesting case because it describes in lurid detail some of the tactics used by the Government following a typical arrest. The defendant first complained that the 16 page warrant, to …

U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle) by "Those who make our laws sometimes succumb in desperation and even frustration to the socially appealing temptation to extract swift and remedial justice through what may be the only available means, the federal …

U.S. v. Caba, No. CR-94-1075 9DGT0 (E.D.N.Y.) (911 F.Supp. 630) (January 11, 1996) (Judge David G. Trager)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Caba, No. CR-94-1075 9DGT0 (E.D.N.Y.) (911 F.Supp. 630) (January 11, 1996) (Judge David G. Trager) by Here the Court refused to apply the money laundering guideline to a food stamp-for-cash scheme on the grounds that the use of that guideline would grossly exagerate the seriousness of the actual …

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden) by In this multi-issue case, the court rejects the defendant's request for any sentence reduction based on "acceptance of responsibility" under U.S.S.G. § 3E1.1 noting that "a defendant who falsely denies …

U.S. v. Russo, No. 95-1123, No. 372 (2nd Cir.) (74 F.3d 1383) (January 11, 1996) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Summation

U.S. v. Russo, No. 95-1123, No. 372 (2nd Cir.) (74 F.3d 1383) (January 11, 1996) (Judge James L. Oakes) by Court held it was harmless error for the prosecution to introduce new matters during its rebuttal summation because they did not result in substantial prejudice to the defendant. One of …

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Improper Comments

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers) by Here the Court rejected defendant's claims that the prosecutor's improper comments during his opening and closing statements denied the defendant a right to a fair trial, although the Court was highly critical …

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

Thompson v. Borg, No. 94-15846 (9th Cir.) (74 F.3d 1571) (January 22, 1996) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Juror Misconduct Issues

Thompson v. Borg, No. 94-15846 (9th Cir.) (74 F.3d 1571) (January 22, 1996) (Judge Andrew J. Kleinfeld) by In this habeas corpus case, in which juror misconduct was alleged, the majority holds that the defendant was not seriously prejudiced because one of the venire-members read in a newspaper that the …

U.S. v. Butler, No. 94-30369 (9th Cir.) (74 F.3d 916) (January 22, 1996) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Butler, No. 94-30369 (9th Cir.) (74 F.3d 916) (January 22, 1996) (Judge Arthur L. Alarcon) by The defendant in this case was convicted of possession of crack under 21 U.S.C. § 844(a), and on appeal he argues that the court cannot impose a five year sentence without an …

U.S. v. Hang, No. 95-1360 (8th Cir.) (75 F.3d 1275) (February 7, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Hang, No. 95-1360 (8th Cir.) (75 F.3d 1275) (February 7, 1996) (Judge Floyd R. Gibson) by The Court explained the workings of Rule 17 as follows: "Rule 17 outlines the method by which the Government and criminal defendants may procure subpoenas from the district court. When a party …

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr) by One of the several restitution issues covered in this bank fraud case was whether a retroactive application of some 1990 amendments to the Victim and Witness Protection Act (18 U.S.C. §§ 3663-3664) …

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, Atypical 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. 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 …