Search | Punch and Jurists

Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Counsel - Constructive denial of

Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry) by Here the Court reversed a conviction because of a prosecutorial intrusion into the defendant's attorney-client relationship which constituted a per se violation of his Sixth Amendment rights to counsel. In this case …

U.S. v. Bahena-Cardenas, No. 94-50639 (9th Cir.) (70 F.3d 1071) (November 20, 1995) (Judge Jack E. Tanner)

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

Filed under: Punch And Jurists, Affirmative Defenses

U.S. v. Bahena-Cardenas, No. 94-50639 (9th Cir.) (70 F.3d 1071) (November 20, 1995) (Judge Jack E. Tanner) by This case raises a subtle, but important, ray of hope to aliens who are charged under 8 U.S.C. § 1326(b)(1) (being a deported alien found in the United States). Here the Court …

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, Abuse of Position of Trust

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester) by The Court in this case rejects the imposition of a sentencing enhancement based on § 4B1.3 because, even though the defendant may have obtained jobs illegitimately through fraud, his "primary occupation" and …

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, Leader, Manager, Organizer

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by In this case an adjustment of four levels for being a "leader" in a drug conspiracy is set aside, even though the Presentence Report concluded that the defendant was a leader and even …

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

U.S. v. Greene, No. 95-5038 (6th Cir.) (71 F.3d 232) (December 11, 1995) (Judge Karl S. Forester) by Court rejected use of criminal livelihood enhancement, holding that his primary occupation and the monies her earned derived from the positions he held and not from the fraud.

U.S. v. Bayless, No. 95 Cr. 533 (HB) (S.D.N.Y.) (913 F.Supp. 232) (January 22, 1996) (Judge Harold Jr. Baer)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Bayless, No. 95 Cr. 533 (HB) (S.D.N.Y.) (913 F.Supp. 232) (January 22, 1996) (Judge Harold Jr. Baer) by This is a case that sent shock waves throughout the judicial system, and even had the President of the United States talking about impeaching a Federal Judge because he wrote …

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs) by The defendant in this case objected to being charged, for sentencing purposes, with the full amount of the loss attributable to a Ponzi scheme on the grounds that 90% of the funds …

Doe v. Maywood Housing Authority, No. 95-1288 (7th Cir.) (71 F.3d 1294) (December 7, 1995) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Contempt

Doe v. Maywood Housing Authority, No. 95-1288 (7th Cir.) (71 F.3d 1294) (December 7, 1995) (Judge Daniel A. Manion) by The Court noted that "The essential elements of a finding of criminal contempt under 18 U.S.C. sec. 401(3) are a lawful and reasonably specific order of the court and a …

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan) by Here the Court found that the defendant had suffered no prejudice from a violation of Rule 32(a)(1), requiring the court to ascertain that the defendant and his counsel had an opportunity to …

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin) by In this case the court held that "when a defense attorney cross examines a former client who is a witness against the defendant, a conflict of interest may exist; absent a waiver …

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, Entrapment Defense - Effects of Asserting

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt) by Here the Court held that the assertion of an entrapment defense is "not necessarily incompatible with acceptance of responsibility" under U.S.S.G. § 3E1.1. In this case, the defendant's PSI Report flatly stated that …

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, Crack v. Powdered Cocaine

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by While this case covers a number of issues raised on appeal, its importance is that it rejects the conclusions reached by District Judge Oberdorfer that the crack/cocaine penalties were unconstitutional because they …

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips) by Here the court reasoned that a restitution order which exceeded its authority under the VWPA is equivalent to an illegal sentence. The court then held that such a restitution order was …

U.S. v. Giampa, No. Crim. A. No. 94-403 (AJL) (D.N.J.) (904 F.Supp. 235) (August 17, 1995) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists

U.S. v. Giampa, No. Crim. A. No. 94-403 (AJL) (D.N.J.) (904 F.Supp. 235) (August 17, 1995) (Judge Alfred J. Jr. Lechner) by This fairly typical 100-plus page decision by Judge Lechner is a text-book analysis of the full panoply of pre-trial, trial and post trial motions. The case involves a …

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs) by Court affirmed denial of acceptance of responsibility reduction because defendant attempted to mischaracterize and minimize his responsibility.

Gainer v. U.S., No. 95-3088 (D.Kan.) (904 F.Supp. 1234) (November 8, 1995) (Judge Dale E. Saffels)

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

Filed under: Punch And Jurists

Gainer v. U.S., No. 95-3088 (D.Kan.) (904 F.Supp. 1234) (November 8, 1995) (Judge Dale E. Saffels) by Here, taking a minority position, Judge Saffels held that successive criminal and civil proceedings do constitute "punishment" under the Double Jeopardy Clause and thus violate the defendant's constitutional rights. This is an important …

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson) by Case held that defendant must "tell all" to qualify for safety valve sentence reduction. This is a controversial decision that deals with the so-called "safety-valve" provision contained in 18 U.S.C. § 3553(f) …

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 Case holds that when the Government's breach of a plea agreement is particulary egregious or intentional, the defendant should be allowed to withdraw his plea; and it rejected claims that the Government …

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, Similar Acts or Crimes/Similarity in kind

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by Case held that including bad check convictions (which are not fraudulant in nature) with bank fraud in criminal history category was erroneous since they were not similar in nature as required by …

U.S. v. Davis, No. Crim A. No. 94-381 (E.D.La.) (904 F.Supp. 564) (November 3, 1995) (Judge Helen G. Berrigan)

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

Filed under: Punch And Jurists, Protective Orders

U.S. v. Davis, No. Crim A. No. 94-381 (E.D.La.) (904 F.Supp. 564) (November 3, 1995) (Judge Helen G. Berrigan) by This is one of two related cases that deal with a capital case in New Orleans that involved widely publicized alleged police corruption. In this case, the issue focused on …