Search | Punch and Jurists

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, Stalking Horse

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher) by In this case, the Ninth Circuit suggested its approval of the so-called "stalking horse" defense theory under which a person on parole or some other form of post-prison supervision can object to …

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson)

Article • November 1, 1995

Filed under: Punch And Jurists

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson) by United States v. Myers, 66 F.3d 1364 (4th Cir. 1995) United States v. Blackman, 66 F.3d 1572 (11th Cir. 1995) Both of these cases graphically demonstrate the "lock-em up and throw away …

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter)

Article • November 1, 1995

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter) by This case is important not only because it contains a rare discussion about what the Guidelines means when they talk about circumstances that fall outside the "heartland", thereby justifying a downward …

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: Costs, Punch And Jurists

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt) by While this case deals primarily with permissible conditions of probation and supervised release, the Court also noteed [in footnote 10] that restitution orders may not include the government's costs of investigating or prosecuting …

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson)

Article • November 1, 1995

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

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson) 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 there …

U.S. v. Foster, No. 94-7258 (4th Cir.) (68 F.3d 86) (October 31, 1995) (Judge J. Michael Luttig)

Article • November 1, 1995

Filed under: Punch And Jurists

U.S. v. Foster, No. 94-7258 (4th Cir.) (68 F.3d 86) (October 31, 1995) (Judge J. Michael Luttig) by A defendant was sentenced as a career offender under § 4B1.1 after he was convicted of violating 21 U.S.C. §841(a)(1). He argued that the enhancement was improper because the Government failed to …

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt) by The Court held held that the district court erred in applying Section 2J1.2(c)(1)'s cross-reference to Section 2X3.1 ("Accessory After the Fact"). Application of the cross-reference resulted in a higher offense level than Washington …

U.S. v. Pipitone, No. 94-1690, No. 1637 (2nd Cir.) (67 F.3d 34) (October 3, 1995) (Judge J. Daniel Mahoney)

Article • November 1, 1995

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

U.S. v. Pipitone, No. 94-1690, No. 1637 (2nd Cir.) (67 F.3d 34) (October 3, 1995) (Judge J. Daniel Mahoney) by Case held that, despite district court's statement that it had misapprehended its legal authority at the time of the initial sentence, the district court had no authority to modify the …

U.S. v. Acosta, No. 94-2047 (1st Cir.) (67 F.3d 334) (October 2, 1995) (Judge Michael Boudin)

Article • November 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Acosta, No. 94-2047 (1st Cir.) (67 F.3d 334) (October 2, 1995) (Judge Michael Boudin) by Although the Court rejected the defendant's claim of entrapment in this case, it did warn of the potential for abuse when the Government uses informants both as a witness and as an instigator. …

U.S. v. Snell, No. CR 95-10084-NG (D.Mass.) (899 F.Supp. 17) (August 25, 1995) (Judge Nancy Gertner)

Article • November 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Snell, No. CR 95-10084-NG (D.Mass.) (899 F.Supp. 17) (August 25, 1995) (Judge Nancy Gertner) by This case contains an excellent review of the purposes and historical bases of the Brady rule and the Jenck's Act. The Brady rule was announced by the Supreme Court in Brady v. Maryland, …

U.S. v. Mihaly, No. 94-6350 (10th Cir.) (67 F.3d 894) (October 5, 1995) (Judge Stephanie K. Seymour)

Article • November 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Mihaly, No. 94-6350 (10th Cir.) (67 F.3d 894) (October 5, 1995) (Judge Stephanie K. Seymour) by In this case, defense counsel filed an Anders brief stating that the defendant had no meritorious issues to raise on appeal and she moved for permission to withdraw from the case. The …

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 United States v. Myers, 66 F.3d 1364 (4th Cir. 1995) United States v. Blackman, 66 F.3d 1572 (11th Cir. 1995) Both of these cases graphically demonstrate the "lock-em up and throw …

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer)

Article • November 1, 1995

Filed under: Punch And Jurists

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by Case held that combination of factors, including finding of aberrant behavior, palpably diminished capacity and significant family circumstances warranted a downward departure.

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer)

Article • November 1, 1995

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by In this case the court approves a substantial downward departure under Guideline § 5K2.0 for a defendant who possessed 303 grams of crack. Noting that the defendant (a) possessed a very low IQ …

U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari)

Article • November 1, 1995

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

U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari) by Case held that court is required to impose sentence enhancement, based on defendant's managerial role, after explicitly finding that defendant was manager of drug conspiracy. After the defendant received a sentence of …

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez)

Article • November 1, 1995

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez) by Case held that counsel's failure to file a notice of appeal constitutes ineffective assistance of counsel which is presumptively prejudicial unless the defendant affirmatively consents to such a course of action. By …

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter)

Article • November 1, 1995

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

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter) by In rejecting an enhancement for abuse of position of trust, the Court observed, inter alia, that "the conduct that is the basis of the conviction must be independently criminal . . …

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer)

Article • November 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by Case held that combination of factors, including finding of aberrant behavior, palpably diminished capacity and significant family circumstances warranted a downward departure.

Hamilton v. U.S., No. 94-56095 (9th Cir.) (67 F.3d 761) (September 5, 1995) (Judge Diarmuid F. O'Scannlain)

Article • November 1, 1995

Filed under: Punch And Jurists

Hamilton v. U.S., No. 94-56095 (9th Cir.) (67 F.3d 761) (September 5, 1995) (Judge Diarmuid F. O'Scannlain) by In this case a sentence is vacated a second time because at the resentencing the court used the Guidelines in effect at the time of the resentencing, rather than the Guidelines in …

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker)

Article • November 1, 1995

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

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker) by In this case, the defendant pled guilty to one count of an indictment that charged him with the sale of 27 grams of cocaine to an undercover agent - which normally calls …