Search | Punch and Jurists

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones)

Article • December 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones) by Court refused to address question whether a downward departure is permitted on the basis of a prior civil forfeiture, stating that the issue has not been addressed by the courts. In this …

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by Case ordered a remand to determine whether the defendant was properly claissified as a career offender, based on his argument that mere possession did not constitute a "controlled substance offense". This case …

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay)

Article • December 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay) by Case held that co-conspirator's possession of a firearm will support enhancement under USSG § 2D1.1(b)(1) for another co-conspirator if certain requirements are met. This case explores the two level enhancement contained in …

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson)

Article • December 1, 1995

Filed under: Punch And Jurists, Restoration of Civil Rights

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson) by In this case, the Third Circuit held that, notwithstanding Congress' refusal to appropriate funds to the ATF to investigate applications for restoration of federal firearms privileges, the …

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan)

Article • December 1, 1995

Filed under: Punch And Jurists, Alford plea

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan) by This is one of those interesting Rule 11 cases where the Court vacates a conviction because of a failure to comply strictly with the procedures laid down by Rule 11. The facts …

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson)

Article • December 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson) by At his original sentencing for cocaine distribution, the trial court departed downward due to the defendant's medical condition and imposed a three-year term of probation. Later, after the defendant failed a urinalysis …

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple)

Article • December 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple) by Case held that enhancement for obstruction of justice was appropriate where defendant gave materially false information during pretrial invesitgation even if it did not result in a significant hindrance to the investigation …

U.S. v. Rostenkowski, No. 94-3158 (D.C. Cir.) (68 F.3d 489) (October 17, 1995) (Judge Douglas Ginsburg)

Article • December 1, 1995

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Rostenkowski, No. 94-3158 (D.C. Cir.) (68 F.3d 489) (October 17, 1995) (Judge Douglas Ginsburg) by Case discussed the Supreme Court's ruling in Hubbard v. U.S. where it held that a federal court is not a department or agency of the Government within the meaning of § 1001 - …

U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman) by Case held that it is not impermissible double counting to impose a two-level enhancement for abuse of position of trust [under § 3B1.3] as well as for "more than minimal planning" [under …

U.S. v. Atehortva, No. 94-1537, No. 1485 (2nd Cir.) (69 F.3d 679) (November 1, 1995) (Judge John M. Jr. Walker)

Article • December 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Atehortva, No. 94-1537, No. 1485 (2nd Cir.) (69 F.3d 679) (November 1, 1995) (Judge John M. Jr. Walker) by Here the Second Circuit adopted the majority view that sentencing following a remand should be conducted de novo and is not limited only to the reasons for remand. Sometimes …

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer)

Article • December 1, 1995

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer) by In this case the defendant challenged to use of transcribed testimony of two witnesses given in an earlier trial of a co-conspirator while the defendant was a fugitive. Both witnesses died before …

U.S. v. Vought, No. 94-30337 (9th Cir.) (69 F.3d 1498) (November 16, 1995) (Judge Charles E. Wiggins)

Article • December 1, 1995

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Vought, No. 94-30337 (9th Cir.) (69 F.3d 1498) (November 16, 1995) (Judge Charles E. Wiggins) by In a case of first impression, the Court rules that the reference to "victim" in § 3A1.3 refers to a victim of restraint rather than the victim of the offense of conviction. …

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, Grouping

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado) by Court emphatically rejected Government's argument that because the court had grouped the offenses charged in the indictment under USSG § 3D1.2, it removed any danger of multiple punishments. This is a rare …

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

U.S. v. Turner, No. CR 94-649 (JSL) (C.D.Cal.) (901 F.Supp. 1491) (October 12, 1995) (Judge J. Spencer Letts) by QUOTE OF THE WEEK - "Before Congress enacted the sentencing guidelines, individuals in this country could be deprived of their liberty only on the basis of facts proven to a jury …

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam) by The Second Circuit holds that the "safety valve" provisions of 18 U.S.C. § 3553(f) is limited to departures from the statutory mandatory minimum sentences, but does not authorize a downward departure from the sentence …

U.S. v. Manzer, No. 95-1455 (8th Cir.) (69 F.3d 222) (October 27, 1995) (Judge Floyd R. Gibson)

Article • December 1, 1995

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Manzer, No. 95-1455 (8th Cir.) (69 F.3d 222) (October 27, 1995) (Judge Floyd R. Gibson) by Case held that restitution is generally not appropriate when it would represent double recovery by the victim.

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by This case involves an oft-overlooked defense to claim that a defendant should be classified as a "career offender" under § 4B1 of the Guidelines. One of the provisions of that section says …

U.S. v. Page, No. 93-8706 (11th Cir.) (69 F.3d 482) (November 16, 1995) (Judge Leonard I. Garth)

Article • December 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Page, No. 93-8706 (11th Cir.) (69 F.3d 482) (November 16, 1995) (Judge Leonard I. Garth) by Here's an interesting restitution case in which restitution orders are vacated even though the defendant acknowledged in her plea agreement that "the Court may order restitution as part of the sentence imposed." …

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan)

Article • December 1, 1995

Filed under: Punch And Jurists

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan) by Case held that where the defendant pleads guilty but refuses to admit that his conduct demonstrates a factual basis for plea, the Government must identify the specific evidence that supports the factual …

Reid v. U.S., No. 95-2180, No. 252 (2nd Cir.) (69 F.3d 688) (November 9, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists

Reid v. U.S., No. 95-2180, No. 252 (2nd Cir.) (69 F.3d 688) (November 9, 1995) (Per Curiam) by Here's another one of those surprising cases that calls for "strict and literal enforcement" of one of the Rules of Criminal Procedure - this time Rule 32(a)(2). In this case, the defendant …