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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

U.S. v. Levy-Cordero, No. 93-1679 (1st Cir.) (67 F.3d 1002) (October 16, 1995) (Judge Juan R. Torruella)

Article • November 1, 1995

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Levy-Cordero, No. 93-1679 (1st Cir.) (67 F.3d 1002) (October 16, 1995) (Judge Juan R. Torruella) by This multi-issue case is a good example of the difficulty of obtaining a severance under today's rules. The 39 count Indictment charged 39 different defendants with participation in a large drug conspiracy. …

U.S. v. 2751 Peyton Woods Road, No. 94-8931 (11th Cir.) (66 F.3d 1164) (October 17, 1995) (Judge Rosemary Barkett)

Article • November 1, 1995

Filed under: Punch And Jurists

U.S. v. 2751 Peyton Woods Road, No. 94-8931 (11th Cir.) (66 F.3d 1164) (October 17, 1995) (Judge Rosemary Barkett) by In support of its ruling the Court relied primarily on U.S. v. James Daniel Good Real Property, 510 U.S. 43 (1993); and the Eleventh Circuit joined the Eight Circuit in …

U.S. v. Vargas, No. 93-50236 (9th Cir.) (67 F.3d 823) (October 3, 1995) (Judge J. Clifford Wallace)

Article • November 1, 1995

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Vargas, No. 93-50236 (9th Cir.) (67 F.3d 823) (October 3, 1995) (Judge J. Clifford Wallace) by Over a strong dissent by Judge Reinhardt (who objects to the "misguided sentencing procedure" that now prevails), the 9th Circuit approved a linear departure of one offense level for every $5 million …

U.S. v. Leonard, No. 94-1636 (2nd Cir.) (67 F.3d 460) (October 4, 1995) (Per Curiam)

Article • November 1, 1995

Filed under: Punch And Jurists

U.S. v. Leonard, No. 94-1636 (2nd Cir.) (67 F.3d 460) (October 4, 1995) (Per Curiam) by This is one of those inexplicable decisions that leaves one scratching his head. At sentencing, Judge Dorsey departed upwards from the fine recommended by the Probation Office and from the Guidelines'ဠrange of $10,000 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, Obstruction of Justice

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt) by Court holds that a 1991 amendment to § 2J1.2 (which permitted application of a cross-reference to a defendant who was not an accessory - was a substantive amendment - not a clarifying one …

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari)

Article • November 1, 1995

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari) by In determining whether a defendant played a "minor role" in the commission of an offense, the Court observed that it is improper to look solely at the defendant's relative culpability compared with …

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney)

Article • November 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney) by Court remanded case back to district court to determine whether defendant knowlingly agreed to waive rights to appeal sentence where the record was insufficient to support such knowledge.

U.S. v. Wright, No. 94-4375 (11th Cir.) (63 F.3d 1067) (September 12, 1995) (Judge Reynaldo G. Garza)

Article • October 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Wright, No. 94-4375 (11th Cir.) (63 F.3d 1067) (September 12, 1995) (Judge Reynaldo G. Garza) by Judge Friendly once referred to the crime of criminal conspiracy as "that elastic, sprawling and pervasive offense whose development exemplifies . . . the tendency of a principle to expand beyond the …

U.S. v. Chorney, No. 94-1343 (1st Cir.) (63 F.3d 78) (August 24, 1995) (Judge Michael Boudin)

Article • October 1, 1995

Filed under: Punch And Jurists, Fines

U.S. v. Chorney, No. 94-1343 (1st Cir.) (63 F.3d 78) (August 24, 1995) (Judge Michael Boudin) by This case is cited because it refers to a rarely used provision of the Criminal Justice Act (18 U.S.C. § 3006A) which authorizes the court to require repayment for legal services afforded to …

U.S. v. DeRiggi, No. 92-CR-925 (E.D.N.Y.) (893 F.Supp. 171) (July 12, 1995) (Judge Jack B. Weinstein)

Article • October 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. DeRiggi, No. 92-CR-925 (E.D.N.Y.) (893 F.Supp. 171) (July 12, 1995) (Judge Jack B. Weinstein) by This thoughtful decision by Judge Weinstein contains an excellent analysis of the parameters of permitted downward departures under § 5K2 of the Guidelines. In what is probably the final of many appeals that …

U.S. v. Letterlough, No. 94-5571 (4th Cir.) (63 F.3d 332) (August 28, 1995) (Judge Karen J. Williams)

Article • October 1, 1995

Filed under: Punch And Jurists

U.S. v. Letterlough, No. 94-5571 (4th Cir.) (63 F.3d 332) (August 28, 1995) (Judge Karen J. Williams) by The Court held that district courts are required to consider (i) whether the offenses occurred in different geographic locations; (ii) whether the offenses were substantively different; and (iii) "whether the offenses involved …

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan)

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan) by Citing its earlier decision in United States v. Kelly, 993 F.3d 702, 704 (9th Cir. 1993), the 9th Circuit again confirms that it is not impermissible double counting to give a defendant …

U.S. v. Doe, No. 95-8010 (2nd Cir.) (63 F.3d 121) (August 9, 1995) (Judge John M. Jr. Walker)

Article • October 1, 1995

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. Doe, No. 95-8010 (2nd Cir.) (63 F.3d 121) (August 9, 1995) (Judge John M. Jr. Walker) by Case is noted because it contains a good discussion of historical justifications and precedents for public trials and the burdens of proof that must be met by one seeking "closure".

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken)

Article • October 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken) by In this en banc decision, the 8th Circuit joins a majority of courts that have upheld the right of the Sentencing Commission to include "conspiracies" to posses drugs for purposes of the …

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz)

Article • October 1, 1995

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

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz) by Although this case does not specifically deal with Amendment No. 506, one of the arguments made by the defendant in this case was a general challenge to the constitutionality of U.S.S.G. § …

U.S. v. Benlian, No. 94-50130 (9th Cir.) (63 F.3d 824) (August 10, 1995) (Judge Edward Leavy)

Article • October 1, 1995

Filed under: Sentencing, Punch And Jurists

U.S. v. Benlian, No. 94-50130 (9th Cir.) (63 F.3d 824) (August 10, 1995) (Judge Edward Leavy) by This case says a lot about the System's concern for the sentencing process in America and it calls to mind the prescient words of Judge Weinstein who noted that "for the defendant the …

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Loss of employment

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes) by This is a most unusual and important downward departure case in which the Second Circuit approves a term of probation in lieu of imprisonment because imprisonment of the defendant would …

U.S. v. Dickler, No. 94-3517 (3rd Cir.) (64 F.3d 818) (August 21, 1995) (Judge Walter K. Stapleton)

Article • October 1, 1995

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Dickler, No. 94-3517 (3rd Cir.) (64 F.3d 818) (August 21, 1995) (Judge Walter K. Stapleton) by This case raises an interesting issue relating to scope of "relevant conduct" under § 1B1.3 of the Guidelines. It has long been the law that a defendant's punishment may be increased based …

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica)

Article • October 1, 1995

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica) by In this case the defendant was convicted of receiving a firearm while under a felony information, in violation of a statute (18 USC § 924(a)(1)(D)) punishing those who "wilfully violate" its provisions. …