Search | Punch and Jurists

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby) by The commentary to § 4A1.2 of the Guidelines permits the use of prior "uncounseled misdemeanor sentences" to increase a defendant's Criminal History Category, even where imprisonment was not imposed. In this case, the …

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, Hearsay Evidence/Exceptions

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin) by While this decision is not particularly scintillating, it is cited because it shows some of the growing discontent with the level of proof that is required at sentencing. Here, a sentence is …

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, Exclusionary Rule

U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow) by Court upheld a broad rummaging search under the exclusionary rule, despite the defendant's claims that the warrant effectively authorized a general rummaging of his property.

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, Burden of Proof

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey) by Case held that defendant was entitled to an evidentiary hearing on the quantity of drugs because the district court failed to make the required explicit findings.

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin) by Case held that possession of 5.72 grams of crack was sufficient to sustain a conviction of possession with intent to distribute - a conclusion supported in large part based on a …

U.S. v. One Parcel of Propery Loc. at 121 Allen Pl., No. 94-6242, No. 360 (2nd Cir.) (75 F.3d 118) (January 26, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists

U.S. v. One Parcel of Propery Loc. at 121 Allen Pl., No. 94-6242, No. 360 (2nd Cir.) (75 F.3d 118) (January 26, 1996) (Judge Ralph K. Jr. Winter) by Case held that claimant had offered sufficient evidence to allow jury to conclude that owner had taken all reasonable steps to …

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene) by This decision explores the scope of Rule 16(a)(1)(A) of the Fed.R.Crim.P., which deals with the rights of an organization, such as a partnership or a corporation, to compel discovery of …

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 …

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith) by The defendant in this case was sentenced to 100 months imprisonment as a career offender under the enhancement provisions of 21 U.S.C. § 841(b)(1)(D). Six months after he was sentenced, the Sentencing Commission adopted …

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Criminally Culpable Persons

U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene) by

U.S. v. Medina, No. 95-1131, No. 173 (2nd Cir.) (74 F.3d 413) (January 23, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Completion of All Acts

U.S. v. Medina, No. 95-1131, No. 173 (2nd Cir.) (74 F.3d 413) (January 23, 1996) (Per Curiam) by Section 2X1.1(b)(2) provides for a three-level reduction of the base offense level in cases of a conspiracy, unless the circumstances demonstrate that the conspirators were about to complete all the acts believed …

U.S. v. Knight, No. 95-30533 (5th Cir.) (76 F.3d 86) (February 12, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Knight, No. 95-30533 (5th Cir.) (76 F.3d 86) (February 12, 1996) (Per Curiam) by This case is one of those surrealistic excursions into the fantasyland of the Guidelines. After the defendant escaped from prison, he was captured and charged with escape. His Presentence Report recommended that he receive …

U.S. v. Major, No. 94 Cr. 448 (MGC) (S.D.N.Y.) (912 F.Supp. 90) (January 22, 1996) (Judge Miriam Goldman Cedarbaum)

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

Filed under: Punch And Jurists

U.S. v. Major, No. 94 Cr. 448 (MGC) (S.D.N.Y.) (912 F.Supp. 90) (January 22, 1996) (Judge Miriam Goldman Cedarbaum) by Here the Court rejected a defendant's contention that his confession was not voluntary due to his susceptability to police pressure based on a childhood experience where a Russian guard shot …

U.S. v. Bhagavan, No. 3:954-CR-23 (N.D.Ind.) (911 F.Supp. 351) (August 22, 1995) (Judge Robert L. Jr. Miller)

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

Filed under: Punch And Jurists

U.S. v. Bhagavan, No. 3:954-CR-23 (N.D.Ind.) (911 F.Supp. 351) (August 22, 1995) (Judge Robert L. Jr. Miller) by In this tax evasion case, Judge Miller ruled that the defendant was not subject to a two level enhancement for using "sophisticated means" within the meaning of U.S.S.G. § 2T1.1(b)(2) because he …

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: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle) by Here's yet another case which holds that the Child Recovery Support Act (18 U.S.C. § 228) is unconsti tutional. After engaging in a detailed analysis of the Commerce Clause, Judge Bechtle concludes that …

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, Prejudicial Joinder Issues

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

Ricketts v. City of Hartford, No. 94-7422, No. 443 (2nd Cir.) (74 F.3d 1397) (January 17, 1996) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

Ricketts v. City of Hartford, No. 94-7422, No. 443 (2nd Cir.) (74 F.3d 1397) (January 17, 1996) (Judge J. Daniel Mahoney) by Case held that Rule 608(b) does not preclude impeachment evidence that demonstrates the witness's bias. Case held that Fed.R.Evid. 608(b) --which generally precludes proof by extrinsic evidence of …

U.S. v. Meza, No. 95-2184 (7th Cir.) (76 F.3d 117) (January 29, 1996) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Meza, No. 95-2184 (7th Cir.) (76 F.3d 117) (January 29, 1996) (Judge Michael S. Kanne) by This case is cited principally because it holds that sentencing disparities between similarly situated defendants are not a valid basis for a downward departure under the Guidelines. After concluding that the Court …

U.S. v. Dransfield, No. 93 Cr. 0567 (SJ) (E.D.N.Y.) (913 F.Supp. 702) (January 3, 1996) (Judge Sterling Jr. Johnson)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Dransfield, No. 93 Cr. 0567 (SJ) (E.D.N.Y.) (913 F.Supp. 702) (January 3, 1996) (Judge Sterling Jr. Johnson) by Case held that the New York City School Construction Authority was an organization that received more than $10,000 of Federal program benefits and therefore was subject to 18 USC § …

U.S. v. Smith, No. 95-1568 (8th Cir.) (75 F.3d 382) (January 31, 1996) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 95-1568 (8th Cir.) (75 F.3d 382) (January 31, 1996) (Judge Morris Sheppard Arnold) by This is another in the rash of recent cases dealing with the issue of whether a separate civil forfeiture proceeding may be brought based on conduct that is also the basis for …