Search | Punch and Jurists

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Cooperation - Extraordinary

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Here's another one of those frequent "zap the rat" cases, where once again the rat get burned after providing the Government with assistance, thereby subjecting himself and his family to danger. In …

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy) by Case held that defendant's diagnosis of depression following arrest and conviction does not warrant a downward departure. This case involves a physician charged and convicted on a number of counts of improperly …

U.S. v. Shore, No. CV 95-0181 (E.D.N.Y.) (903 F.Supp. 385) (October 21, 1995) (Judge Arthur D. Spatt)

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

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

U.S. v. Shore, No. CV 95-0181 (E.D.N.Y.) (903 F.Supp. 385) (October 21, 1995) (Judge Arthur D. Spatt) by This case involves a dramatic increase in a defendant's criminal history category based primarily on a 20 year-old foreign marijuana conviction involving an amount of drugs that the Judge admits would only …

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester)

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

Filed under: Punch And Jurists, Remorse

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester) by In this case the Court specifically rejected the view taken by the Ninth Circuit in U.S. v. Gonzalez, 16 F.3d 985, 991 (9th Cir. 1993) that a sentencing court cannot consider the …

U.S. v. Jackson, No. 95-5761 (6th Cir.) (70 F.3d 874) (November 27, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Jackson, No. 95-5761 (6th Cir.) (70 F.3d 874) (November 27, 1995) (Judge Cornelia G. Kennedy) by In this case, the sentencing judge imposed a sentence of imprisonment on a parole violator with the requirement that the defendant participate in an intensive drug treatment program while in custody. On …

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss) by In this case the court discusses the "in the business" enhancement in the context of the defendant's claim that the enhancement only applies to "professional fences whose lifetime vocation involves the …

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed) by One of the issues in this case was whether the Government's refusal to file a § 5K1.1 motion was based on unconstitutional motives. The defendant claimed that A.U.S.A. Ronald Rachow had promised …

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney)

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

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

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney) by This case involves an important sentencing issue that is still alive in some Circuits - whether the court may consider conduct from a count that has been dismissed pursuant to a plea …

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya) by This decision, later reversed by the Supreme Court, upheld the validity of Guideline Amendment 506. The pedagogic Judge Selya starts this opinion by observing that the Federal Sentencing Guidelines have loosed "a …

U.S. v. Santiago-Lugo, No. Crim. No. 95-029(JAF) (D.Puerto Rico) (904 F.Supp. 43) (September 29, 1995) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Santiago-Lugo, No. Crim. No. 95-029(JAF) (D.Puerto Rico) (904 F.Supp. 43) (September 29, 1995) (Judge Jose Antonio Fuste) by This case involved the somewhat novel but certainly ingenious practice of court-appointed counsel by which they "routinely" obtained from the Court Clerk, and then used, subpoenas under Rules 17 and …

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum) by The defendant in this case was charged with possession of a firearm as a convicted felon. He argues that because the possession charge was a strict liability crime, the only issue at …

U.S. v. Clementi, No. 95-2079 (8th Cir.) (70 F.3d 997) (December 1, 1995) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Clementi, No. 95-2079 (8th Cir.) (70 F.3d 997) (December 1, 1995) (Judge David R. Hansen) by In this case the Government seized 38 guns from the defendant. Because he had previously been convicted of a felony, he was then charged with a violation of 18 U.S.C. § 922(g). …

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker) by The most significant aspect of this decision is the strong dissent by Judge Edith H. Jones in which she states that there is "no meaningful distinction between [18 U.S.C.] Section 922(q) and …

Muhammad v. City of New York Dept. of Corrections, No. 91 Civ. 6333 (LAP) (S.D.N.Y.) (904 F.Supp. 161) (October 17, 1995) (Judge Loretta A. Preska)

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

Filed under: Punch And Jurists, Civil Rights Violations

Muhammad v. City of New York Dept. of Corrections, No. 91 Civ. 6333 (LAP) (S.D.N.Y.) (904 F.Supp. 161) (October 17, 1995) (Judge Loretta A. Preska) by This 40 page decision involves an action brought by a number of inmate/plaintiffs under 42 U.S.C. § 1983 in which they sought damages and …

U.S. v. ($274,481.00), No. Civ. 94-2128CCC (D.Puerto Rico) (903 F.Supp. 259) (August 30, 1995) (Judge Carmen Consuelo Cerezo)

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

Filed under: Punch And Jurists

U.S. v. ($274,481.00), No. Civ. 94-2128CCC (D.Puerto Rico) (903 F.Supp. 259) (August 30, 1995) (Judge Carmen Consuelo Cerezo) by This forfeiture case deals with the constitutional adequacy of the notice provisions contained in the Supplemental Rules for Certain Admiralty and Maritime Claims (Fed.R.Civ.P. App., Rule C(4)). Those Supplemental Rules require …

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry)

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

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

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry) by In this case the Court permitted the defendant to withdraw his guilty plea because the Government violated some of the terms of the plea agreement, including failing to recommend a term of …

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Here's another one of those frequent "zap the rat" cases, where once again the rat get burned after providing the Government with assistance, thereby subjecting himself and his family to danger. In …

U.S. v. Forman, No. 94-1731 (6th Cir.) (71 F.3d 1214) (December 21, 1995) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Grand Jury - Secrecy Rule

U.S. v. Forman, No. 94-1731 (6th Cir.) (71 F.3d 1214) (December 21, 1995) (Judge James L. Ryan) by Court held that because the defendant, a former prosecutor, had not been assigned to work on a case, he could not be convicted of violating Rule 6(e)(2) and its secrecy mandates. Guess …

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez) by Citing the principle that "the whole" can be "greater than the sum of the parts", the court approves the imposition of a three level enhancement under § 3B1.1, even though the trial …

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Pro Se Issues

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener) by Case held that the "mailbox" rule adopted in Houston v. Lack, 487 U.S. 266 (1988) applied to actions filed by pro se prisoners under 42 U.S.C. § 1983.