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

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Case held that refusal of district court to grant a downward departure based on diminished capacity was not a proper subject for review. Here's another one of those frequent "zap the rat" …

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt) by Court held that assertion of entrapment defense is not necessarily incompatible with acceptance of responsibility.

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple)

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

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

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple) by Section 4A1.2(c) of the Guidelines contains a long list of prior sentences that are counted or excluded in calculating a defendant's criminal history category. If the precise crime is not listed, the …

Spear v. Sowders, No. 93-5528 (6th Cir.) (71 F.3d 626) (December 19, 1995) (Judge Danny J. Boggs)

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

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

Spear v. Sowders, No. 93-5528 (6th Cir.) (71 F.3d 626) (December 19, 1995) (Judge Danny J. Boggs) by On Christmas Day, 1990, Tina Spear went to a Kentucky prison to visit her boyfriend. Upon her arrival, she was informed that she would not be permitted to visit unless she submitted …

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 Case established a required set of practices and procedures to assure the reliability of lab reports in all future revocation hearings involving the use of evidence obtained from such laboratory reports. This …

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs) by Citing the general rule that a defendant's knowing and voluntary waiver of his right to appeal a sentence within an agreed guideline range is enforceable, the Court held that the …

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by It is rare when a defendant wins a single issue on a sentence appeal; but here Susan Hall wins on three separate issues. The most significant issue was her claim that the …

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

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 generally rejected the defense of sentencing entrapment where the Government chose to sell the defendant crack rather than powdered cocaine. It wrote: "Whatever vitality the outrageous-conduct defense might have …

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, Guideline Policy Statements/Commentary

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

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Check-Kiting/Bad Checks

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by In this case the defendant argued that the district court erred in computing her criminal history category by including four convictions for worthless checks as "similar" to her bank fraud conviction. While …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by Case rejected finding of obstruction of justice due to lack of evidence in the record to support such a finding.

U.S. v. Robinson, No. 94-CR-80659-DT-02 (E.D.Mich.) (906 F.Supp. 1136) (November 27, 1995) (Judge Patrick J. Duggan)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Robinson, No. 94-CR-80659-DT-02 (E.D.Mich.) (906 F.Supp. 1136) (November 27, 1995) (Judge Patrick J. Duggan) by In this case, the Defendant pled guilty to the possession of crack cocaine and the Probation Department determined that the appropriate offense level was a 32 - calling for a sentencing range of …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

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

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is another multi-issue case that arose out of a "massive land and air surveillance" of a 72 year old defendant and his automobile by "approximately fifty FBI agents and Rhode Island …

U.S. v. Bayless, No. 96 Cr. 533 (S.D.N.Y.) (926 F.Supp. 405) (May 1, 1996) (Judge Harold Jr. Baer)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Bayless, No. 96 Cr. 533 (S.D.N.Y.) (926 F.Supp. 405) (May 1, 1996) (Judge Harold Jr. Baer) by Here Judge Baerrefused to recuse himself due to existence of circumstances under which his impartiality might reasonably be questioned, even though there had been extensive media coverage and political commentary following …

U.S. v. One DLO Model A/C, 30.36 Mach. Gun, No. 5:93 CV 2306 (N.D.Ohio) (904 F.Supp. 622) (August 1, 1995) (Judge David G. Jr. Dowd)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One DLO Model A/C, 30.36 Mach. Gun, No. 5:93 CV 2306 (N.D.Ohio) (904 F.Supp. 622) (August 1, 1995) (Judge David G. Jr. Dowd) by In this case, the Government seized 32 firearms from the home of an individual who was then charged in a criminal prosecution with various …

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp)

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

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

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp) by In this case the defendant was charged with travel in interstate commerce to facilitate an unlawful activity (under 18 U.S.C. § 1952), even though his crime was the distribution of crack. After pleading guilty …

Taft v. Vines, No. 94-2293 (4th Cir.) (70 F.3d 304) (November 16, 1995) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Excessive Force, Punch And Jurists

Taft v. Vines, No. 94-2293 (4th Cir.) (70 F.3d 304) (November 16, 1995) (Judge Francis D. Jr. Murnaghan) by Here, over the strong objections of Judge Motz, police are granted qualified immunity in case involving brutal search of minors. This case involves a claim for damages under 42 U.S.C. § …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Evidence - Admissibility/Exclusion of

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by Case held that Title III's protections extend to prisoner's conversations over institutional telephones.

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is multi-issue case is noteworthy for its surprising and strong discussion of the use of conduct relating to acquitted crimes to increase a defendant's sentence. The Court observed: "We believe that …

Kitterman v. U.S., No. 4:94CV2291-DJS (E.D.Mo.) (904 F.Supp. 987) (November 14, 1995) (Judge Donald J. Stohr)

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

Filed under: Punch And Jurists

Kitterman v. U.S., No. 4:94CV2291-DJS (E.D.Mo.) (904 F.Supp. 987) (November 14, 1995) (Judge Donald J. Stohr) by While the Eighth Circuit may not have yet issued its ruling on the double jeopardy implications of successive criminal and civil proceedings (see United States v. Clementi, above), the lower courts continue to …