Search | Punch and Jurists

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam) by The 11th Circuit joins the majority of Circuits by holding that it is not improper double counting to enhance a defendant's sentence both for "more than minimal planning" under § 2F1.1 (b)(2)(A) and for …

U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney)

Article • December 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney) by Case held that it was not necessary to hold an evidentiary hearing to determine whether a defendant was an organizer or leader. United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) …

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, Guideline Amendment/Variances and Retroactivity

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by This case deals extensively with Guideline Amendment # 487 which was adopted on November 1, 1993, and which provided that, for purposes of the Guidelines, "cocaine base" means crack. That amendment was …

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, Prejudice - Potential for Undue

U.S. v. Pulido, No. 94-3094 (7th Cir.) (69 F.3d 192) (November 2, 1995) (Judge John L. Coffey) by This case is cited only because it shows the double standards that are applied to Rule 403 of the Fed. R.Evid. when a Government informant testifies and when he is cross-examined. That …

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

U.S. v. Page, No. 93-8706 (11th Cir.) (69 F.3d 482) (November 16, 1995) (Judge Leonard I. Garth) by Case held that even if telemarketer-defendants did not initially know of their victim's vlunerability (bad credit), an enhancement under § 3A1.1(b) was warranted since defendants suubsequently learned of vulnerabilities. Case held that …

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 …

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, Drug Quantity

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple) by This case discusses the meaning of Application Note 12 to § 2D1.1 of the Guidelines which says that the court shall exclude from sentencing calculation drugs that the defendant did not "intend …

U.S. v. Achiekwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis)

Article • December 1, 1995

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

U.S. v. Achiekwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Based upon the "exceptional complexity of the defendant's scheme to defraud", Judge Ellis enhanced the defendant's sentence both under § 2F1.1(b)(2)(A) for more than minimal planning, and under § 5K2.0 as an …

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, Confrontation Clause/Rights

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer) by Case affirmed use of testimony of two deceased witnesses, finding that there was sufficient guarantees of trustworthiness and did not violate confrontation clause. In this case the defendant challenged to use of …

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 Case held that even if polygraph evidence was admissible under Rule 703, it would be inadmissible under Rule 403 because its probative value was substantially outweighed by risk of prejudice …

U.S. v. Owolabi, No. 94-3551 (7th Cir.) (69 F.3d 156) (October 27, 1995) (Judge John L. Coffey)

Article • December 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Owolabi, No. 94-3551 (7th Cir.) (69 F.3d 156) (October 27, 1995) (Judge John L. Coffey) by This multi-issue case is cited for its discussion of "grouping" multiple counts of conviction for sentencing purposes, under § 3D1.2 of the Guidelines. In rejecting an appeal by the defendant that his …

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 In his decision, Judge Letts reviews the indisputable "disturbing" evidence that crack prosecutions are racially motivated. He concludes that this indictment was a pretext to allow prosecution of defendants whom the …

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg)

Article • December 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Broumas, No. 95-3037 (D.C. Cir.) (69 F.3d 1178) (November 21, 1995) (Judge Douglas Ginsburg) by This case delves into the meaning of an abuse of a position of trust within the context of 18 U.S.C. § 656, which involves the misappropriation of bank funds by a bank officer. …

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis)

Article • December 1, 1995

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Case approved an upward departure on grounds that complexity of scheme and more than minimal planning took case outside of heartland of Guidelines.

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (67 F.3d 1497) (October 4, 1995) (Judge Monroe G. McKay)

Article • November 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (67 F.3d 1497) (October 4, 1995) (Judge Monroe G. McKay) by This is an illuminating Fourth Amendment case which addresses the constitutionality of the warrantless use of a thermal imager to monitor the activities of a target suspected of growing marijuana. (A thermal …

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt) by Case held that conditioning supervised release upon payment of court appointed attorneys fees was error since that condition was not reasonably related to any of the three conditions specified in 18 USC § …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan)

Article • November 1, 1995

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan) by Court held that improper denial of peremptory challenge was subject to harmless error rule.

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan) by QUOTE OF THE WEEK - The absurdity of some of the Guideline's enormous sentences. "In my judgment, this sort of massively heavy punishment cannot be justified in a civilized society, unless …

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher)

Article • November 1, 1995

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

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher) by The important issue in this case (that was subsequently appealed to and reversed by the Supreme Court) was the holding that the application of a two-level upward adjustment for possession of a …

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock)

Article • November 1, 1995

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock) by Here the Court held: "In order to establish the requisite de minimis effect on commerce, the government need only produce evidence establishing that the assets of a business engaged in interstate commerce …