Search | Punch and Jurists

U.S. v. McClelland, No. 94-30385 (9th Cir.) (72 F.3d 717) (December 12, 1995) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. McClelland, No. 94-30385 (9th Cir.) (72 F.3d 717) (December 12, 1995) (Judge Stephen Reinhardt) by This case discusses the concept of "imperfect entrapment" (i.e., aggressive encouragement of a crime that does not rise to the level of entrapment), and whether such aggressive encouragement of wrongdoing may be used …

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth) by Court vacated upward departure based on psychological injury to victims and based on unsupported judicial conclusion that defendant's acts constributed to destruction of reputation of insurance companies.

U.S. v. Pratt, No. 95-1666 (1st Cir.) (73 F.3d 450) (January 18, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Pratt, No. 95-1666 (1st Cir.) (73 F.3d 450) (January 18, 1996) (Judge Bailey Aldrich) by After the defendant committed the grievous sin of mailing a dead pig to the Chief of Police, he was convicted of mailing a threatening communication under 18 U.S.C. § 876. Judge McAuliffe decided …

Chalmers v. Mitchell, No. 94-2672, No. 137 (2nd Cir.) (73 F.3d 1262) (January 3, 1996) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

Chalmers v. Mitchell, No. 94-2672, No. 137 (2nd Cir.) (73 F.3d 1262) (January 3, 1996) (Judge Thomas J. Meskill) by Case affirms a conviction, deespite an erroneous jury instruction re: reasonable doubt, which Judge Newman wrote, in dissent, made it "highly likely" that the jury applied the wrong definition of …

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel)

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

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

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by One issue discussed in this case is the distinction between convictions that are "set aside" and those that are "expunged" for purposes of § 4A1.2. The precise issue was whether an earlier …

U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina) by Case vacated a sentence based on crack cocaine where evidence was insufficient to support conclusion that crack was reasonably forseeable and within scope of criminal activity of conspiracy. The two defendants in …

U.S. v. Granado, No. 94-3195 (7th Cir.) (72 F.3d 1287) (December 22, 1995) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Granado, No. 94-3195 (7th Cir.) (72 F.3d 1287) (December 22, 1995) (Judge Ilana Diamond Rovner) by The defendant objected to the imposition of a $100,000 fine, arguing that he had no assets to pay the fine, that he had 33 (sic!) children, that he had been receiving disability …

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis) by For a contrary view, with which this court took issue, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995). Here the Court held that when Congress suspended appropriations to the ATF …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by This multi-issue drug and gun case is cited for its holdings on two issues. In this case, the defendant was arrested in a car in which there were no drugs, but in …

Chalmers v. Mitchell, No. 94-2672, No. 137 (2nd Cir.) (73 F.3d 1262) (January 3, 1996) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

Chalmers v. Mitchell, No. 94-2672, No. 137 (2nd Cir.) (73 F.3d 1262) (January 3, 1996) (Judge Thomas J. Meskill) by Case affirms a conviction, deespite an erroneous jury instruction re: reasonable doubt, which Judge Newman wrote, in dissent, made it "highly likely" that the jury applied the wrong definition of …

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg) by Here the Court held that the district court did not abuse its discretion in denying a motion to sever, since the conflicts between the two defendants were "minor" - and did not significantly …

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth)

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

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

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth) by In this case the defendant was convicted of insurance fraud on the grounds that he had misrepresented the amount of capital available to cover losses for a new insurance company. When Hurricane …

U.S. v. Hoffenberg, No. 94 Cr. 0273 (RWS) (S.D.N.Y.) (908 F.Supp. 1265) (December 18, 1995) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Hoffenberg, No. 94 Cr. 0273 (RWS) (S.D.N.Y.) (908 F.Supp. 1265) (December 18, 1995) (Judge Robert W. Sweet) by In this case, the Government terminated a cooperation agreement with the defendant due to the defendant's alleged untruthfulness. He moved to enforce the agreement, and although Judge Sweet denied the …

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Applewhite, No. 94-3028 (D.C. Cir.) (72 F.3d 140) (December 19, 1995) (Judge Douglas Ginsburg) by Here the Court held that the Government failed to provide sufficient evidence that the defendant had distributed drugs within a school zone, when its evidence was only that the distance between his "address" …

U.S. v. Lanier, No. 93-5608 (6th Cir.) (73 F.3d 1380) (January 23, 1996) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Lanier, No. 93-5608 (6th Cir.) (73 F.3d 1380) (January 23, 1996) (Judge Gilbert S. Merritt) by In this case, the Sixth Circuit vacated the convictions of a state judge who was prosecuted under 18 USC § 242 for sexually assualting five women in his chambers, holding that § …

U.S. v. Denalli, No. 94-3067 (11th Cir.) (73 F.3d 328) (January 23, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Denalli, No. 94-3067 (11th Cir.) (73 F.3d 328) (January 23, 1996) (Per Curiam) by Case held that destruction of victim's private residence by fire did not have a sufficiently substantial effect on interstate commerce to support a conviction under the Federal arson statute.

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by Court vacated an enhancement based on managerial role where district court made no findings and failed to find that there were five or more participants or that crime was otherwise extensive.

U.S. v. Ward, No. Crim. 95-0216-A (E.D.Va.) (908 F.Supp. 350) (December 1, 1995) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Ward, No. Crim. 95-0216-A (E.D.Va.) (908 F.Supp. 350) (December 1, 1995) (Judge Thomas Selby III Ellis) by In this case, the defendant argued that his criminal history category of II significantly over-represented the seriousness of his criminal history. Judge Ellis agreed that the argument was persuasive because, but …

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya) by Case held that expert testimony indicating an intent to distribute was not improper opinion testimony on the ultimate issue; and in the process gave a detailed explanation of the history and purpose …

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by Case held that disparate impact of penalties for crack cocaine on Afro-Americans did not justify downward departure or application of rule of lenity since race is not relevant to determination of sentence.