Search | Punch and Jurists

U.S. v. Foley, No. 94-1051, No. 516 (2nd Cir.) (73 F.3d 484) (January 4, 1996) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Foley, No. 94-1051, No. 516 (2nd Cir.) (73 F.3d 484) (January 4, 1996) (Judge Amalya Lyle Kearse) by This is an important decision that deals with one of the Government’s favorite statutes - 18 U.S.C. § 666. That statute essentially permits the Government to buy its jurisdiction over …

Artuso v. Hall, No. 95-30619 (5th Cir.) (74 F.3d 68) (January 22, 1996) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Special Parole

Artuso v. Hall, No. 95-30619 (5th Cir.) (74 F.3d 68) (January 22, 1996) (Judge Patrick E. Higginbotham) by Case held that the Parole Commission does not have the authority to reimpose a term of special, rather than regular parole, following revocation. This is a rare case in which a federal …

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam) by QUOTE OF THE WEEK - The salacious inducements of the Guidelines. "It is obvious from this discussion that [under the Guidelines] . . . the defendant is in effect induced by the 'system', including …

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (73 F.3d 1220) (December 28, 1995) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Failure to Instruct on Scienter Requirement

Peck v. U.S., No. 94-2444, No. 1021 (2nd Cir.) (73 F.3d 1220) (December 28, 1995) (Judge J. Daniel Mahoney) by This habeas case involves an appeal from a conviction for structuring cash transactions in violation of 31 U.S.C. §§ 5324(3), 5313(a) and 5322(a), because the jury instructions were erroneous in …

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, Disclosure Obligations

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case received a two point acceptance of responsibility reduction in his sentence under U.S.S.G. § 3E1.1(a); but was denied the "safety-valve" reduction on the grounds that he had …

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple) by The defendant in this case was granted a two point departure for "acceptance of responsibility" under U.S.S.G. § 3E1.1, but the sentencing judge refused to allow the third point permitted under subsection …

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, Failure to Address/Advise Defendant

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by One of the issues raised by the defendant was that the sentencing court erred when it failed to address him personally prior to imposing sentence as required by Rule 32 (c)( 3)(C) …

U.S. v. Bruce, No. 5:94CR0305 (N.D.Ohio) (909 F.Supp. 1034) (December 14, 1995) (Judge Ann Aldrich)

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

Filed under: Punch And Jurists, Jeopardizing the Soundness of a Financial Institution

U.S. v. Bruce, No. 5:94CR0305 (N.D.Ohio) (909 F.Supp. 1034) (December 14, 1995) (Judge Ann Aldrich) by In this multi-issue case, the court ruled that the Government had failed to prove that the defendant's actions substantially jeopardized the safety and soundness of the financial institution that was defrauded. Although the bank …

U.S. v. Clements, No. 94-30519 (5th Cir.) (73 F.3d 1330) (January 22, 1996) (Judge Emilio M. Garza)

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

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

U.S. v. Clements, No. 94-30519 (5th Cir.) (73 F.3d 1330) (January 22, 1996) (Judge Emilio M. Garza) by In this multi-issue appeal arising from a tax evasion conviction, the defendant unsuccessfully argued that the "tax loss" should have been limited to the value of the assets he attempted to hide …

U.S. v. Fletcher, No. 94-5767 (4th Cir.) (74 F.3d 49) (January 29, 1996) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Fletcher, No. 94-5767 (4th Cir.) (74 F.3d 49) (January 29, 1996) (Judge Francis D. Jr. Murnaghan) by Case rejevyed claims that there was any unconstitutional amendment of the indictment of bill of particulars or fatal variance between the charges and the proof at trial, explaing when such matters …

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 Case held that a "firearm must be immediately available for use - on the defendant or within his reach." (Id., at 623).

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

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by Court held that there was no "active employment" of gun as required to sustain a conviction where gun was found in a different location and there was no evidence that defendant displayed …

U.S. v. Ybarra, No. 94-20853 (5th Cir.) (70 F.3d 362) (November 22, 1995) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Ybarra, No. 94-20853 (5th Cir.) (70 F.3d 362) (November 22, 1995) (Judge Harold R. Jr. DeMoss) by This decision affirms a conviction for "possession" of a gun by a felon under 18 U.S.C. § 922(g)(1) on the basis of "constructive" possession. The gun in question was found during …

U.S. v. Grandlund, No. 95-50117 (5th Cir.) (71 F.3d 507) (December 13, 1995) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Grandlund, No. 95-50117 (5th Cir.) (71 F.3d 507) (December 13, 1995) (Judge Henry A. Politz) by This is an important case dealing with the revocation of supervised release because the Fifth Circuit, exercising its supervisory powers, directs the implementation of various practices and procedures to assure the reliability …

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by Here the Court rejected Judge Oberdorfer's conclusions that the Guidelines sentencing scheme for crack cocaine was "cruel", "racist", and "arbitrary and capricious" and violated the Eighth Amendment's prohibitions against cruel and unusual …

U.S. v. Miller, No. 94-8143 (11th Cir.) (71 F.3d 813) (January 2, 1996) (Judge David W. Dyer)

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

Filed under: Punch And Jurists

U.S. v. Miller, No. 94-8143 (11th Cir.) (71 F.3d 813) (January 2, 1996) (Judge David W. Dyer) by Case held that USSG § 5K2.12 (coercion and duress) does not authorize a departure below a statutorily required mandatory minimum sentence.

U.S. v. Brown, No. 94-50823 (5th Cir.) (71 F.3d 1158) (December 21, 1995) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Brown, No. 94-50823 (5th Cir.) (71 F.3d 1158) (December 21, 1995) (Judge Patrick E. Higginbotham) by This is one of the rare cases in which a conviction is overturned because of the improper use of "other crimes" evidence under Rule 404(b) of the Fed.R.Evid. In cross-examining a defense …

U.S. v. Ebolum, No. 95-5070 (6th Cir.) (72 F.3d 35) (December 21, 1995) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ebolum, No. 95-5070 (6th Cir.) (72 F.3d 35) (December 21, 1995) (Judge Karen Nelson Moore) by The Court stated: "Absent any credible argument or evidence to the contrary, we must assume that the Sentencing Commission took deportable alien status into account when formulating a guideline that applies almost …

Hayes v. Marriott, No. 93-1181 (10th Cir.) (70 F.3d 1144) (November 20, 1995) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Hayes v. Marriott, No. 93-1181 (10th Cir.) (70 F.3d 1144) (November 20, 1995) (Judge Robert H. Henry) by Case is noted for its observation that "One of the clearest forms of degradation in Western Society is to strip a person of his clothes. The right to be free from strip …

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam) by Citing a 1992 D.C. Circuit case, the Second Circuit raises an interesting possibility for a downward departure motion on the basis that the sentence violates the Eighth Amendment. It notes that "unless the disproportionality …