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U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner)

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

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

U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner) by The decision in this case adds another cogent argument to the growing arsenal of arguments that the "crack/cocaine" sentencing disparities are simply ill-conceived. [The case was decided on the basis of the …

U.S. v. Bayless, No. 95 Cr. 533 (HB) (S.D.N.Y.) (921 F.Supp. 211) (April 1, 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.) (921 F.Supp. 211) (April 1, 1996) (Judge Harold Jr. Baer) by In the March 18, 1996 issue of P&J, we reported on Judge Baer’s initial controversial decision in this case (U.S. v. Bayless, 913 F.Supp. 232 (S.D.N.Y. 1996)), in which he …

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, Reckless Endangerment/Risk of Injury

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by In directing remand, the Court did state that the sentencing court could consider using the reckless endangerment provisions of USSG § 3C1.2 to increase the defenedant's sentence - but it was improper …

U.S. v. Anderson, No. 94-10817 (5th Cir.) (70 F.3d 353) (November 21, 1995) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Anderson, No. 94-10817 (5th Cir.) (70 F.3d 353) (November 21, 1995) (Per Curiam) by This is an intriguing case that peremptorily rejects the hot-potato suggestion made by District Judge John McBryde that the defendant had received favorable treatment because his uncle worked with the DEA and with the …

U.S. v. Bush, No. 94-6381 (10th Cir.) (70 F.3d 557) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Bush, No. 94-6381 (10th Cir.) (70 F.3d 557) (November 15, 1995) (Judge Wade Brorby) by Case held that the procedures set forth in Application Note 5 to USSG § 1B1.2, which authorize the district court to determine the objects of a conspiracy in the case of a general …

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, Co-onspirator and Accomplice Statements/Testimony

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

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.

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 Here the Eleventh Circuit continues its assault on sentencing entrapment by calling it a "defunct doctrine.".

U.S. v. Wiedyk, No. 94-2342 (6th Cir.) (71 F.3d 602) (December 14, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Wiedyk, No. 94-2342 (6th Cir.) (71 F.3d 602) (December 14, 1995) (Judge Cornelia G. Kennedy) by Although this case ultimately holds that the improper admission of some hearsay evidence was harmless error, it is cited because it discusses in some detail Rule 801(d)(2)(D) of the Fed.R.Evid. That subsection, …

U.S. v. Breinig, No. 94-1292 (6th Cir.) (70 F.3d 850) (December 1, 1995) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Breinig, No. 94-1292 (6th Cir.) (70 F.3d 850) (December 1, 1995) (Judge James L. Ryan) by This is one of those extremely rare cases in which a conviction for income tax evasion is reversed due to the refusal of the district court to grant a motion for severance …

U.S. v. Haynes, No. Cr. A. No. 90-00422-5 (CRR) (D.D.C.) (906 F.Supp. 5) (November 30, 1995) (Judge Charles R. Richey)

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

Filed under: Punch And Jurists, Jointly undertaken criminal activity

U.S. v. Haynes, No. Cr. A. No. 90-00422-5 (CRR) (D.D.C.) (906 F.Supp. 5) (November 30, 1995) (Judge Charles R. Richey) by This is an important decision on the scope of U.S.S.G. § 1B1.3 (relevant conduct) as revised effective November 1, 1992. At the defendant's first sentencing, he was held responsible …

U.S. v. Kwong, No. 95-1093, No. 208 (2nd Cir.) (69 F.3d 663) (October 23, 1995) (Judge Joseph M. McLaughlin)

Article • December 1, 1995

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Kwong, No. 95-1093, No. 208 (2nd Cir.) (69 F.3d 663) (October 23, 1995) (Judge Joseph M. McLaughlin) by This is a fascinating case that deals with the conviction of a defendant who was accused of sending a mail bomb to a U.S. Attorney - which made a conviction …

U.S. v. Pulido, No. 94-3094 (7th Cir.) (69 F.3d 192) (November 2, 1995) (Judge John L. Coffey)

Article • December 1, 1995

Filed under: Punch And Jurists

U.S. v. Pulido, No. 94-3094 (7th Cir.) (69 F.3d 192) (November 2, 1995) (Judge John L. Coffey) by Case held that it was not improper for district court to limit cross-examination of Government witness regarding his involvement in criminal activities on grounds of possible prejudice. This case is cited only …

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker) by Case held that conduct underlying a defendant's prior felony conviction could also be used to enhance the defendant's sentence based on his criminal history score and was not improper double counting. This …

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris)

Article • December 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris) by United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) United States v. Lewis, 68 F.3d 987 (6th Cir. 1995) These two cases explore the meaning of the phrase "criminally responsible" within …

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts)

Article • December 1, 1995

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts) by This is a powerful, but extremely disturbing, decision by Judge Letts who caustically denounces the conduct of the U.S. Attorney's Office for bringing an indictment which he labels "a mere pretext …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado)

Article • December 1, 1995

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado) by This is a rare example of a court holding that two counts were multiplicitous - i.e., the indictment charged a single offense in several counts. Here, the Court held that an indictment …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …

Hohnson v. Phelan, No. 93-3753 (7th Cir.) (69 F.3d 144) (October 24, 1995) (Judge Frank H. Easterbrook)

Article • December 1, 1995

Filed under: Punch And Jurists, Prison Conditions

Hohnson v. Phelan, No. 93-3753 (7th Cir.) (69 F.3d 144) (October 24, 1995) (Judge Frank H. Easterbrook) by QUOTE OF THE WEEK - On December 19, 1995, The New York Times featured a front page story entitled "Prison's Violent Culture Enveloping Its Guards" which concluded that "there are some prisons …