Search | Punch and Jurists

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti)

Article • October 1, 1995

Filed under: Retaliation, Punch And Jurists

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti) by Court rejected claim that Government had improperly refused to file a § 5K1.1 motion to punish defendant for exercising his right to a trial, stating that defendant had failed to present any "objective …

U.S. v. Pappadopoulos, No. 93-10577 (9th Cir.) (64 F.3d 522) (August 25, 1995) (Judge J. Clifford Wallace)

Article • October 1, 1995

Filed under: Punch And Jurists

U.S. v. Pappadopoulos, No. 93-10577 (9th Cir.) (64 F.3d 522) (August 25, 1995) (Judge J. Clifford Wallace) by Case held that the fact that a residence received natural gas from out-of-state sources was insufficient to confer federal jurisdiction in case involving prosecution for arson of personal property used in interstate …

U.S. v. Heater, No. 94-5202 (4th Cir.) (63 F.3d 311) (August 16, 1995) (Judge Sam J. III Ervin)

Article • October 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Heater, No. 94-5202 (4th Cir.) (63 F.3d 311) (August 16, 1995) (Judge Sam J. III Ervin) by Case held that 1993 amendment eliminated the distinction between those who commit perjury to protect themselves from prosecution and those who commit perjury solely to assist another.

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Kaye, No. 94-1381, 899 (2nd Cir.) (65 F.3d 240) (September 5, 1995) (Judge Ralph K. Jr. Winter)

Article • October 1, 1995

Filed under: Punch And Jurists, Cooperation with Local Authorities

U.S. v. Kaye, No. 94-1381, 899 (2nd Cir.) (65 F.3d 240) (September 5, 1995) (Judge Ralph K. Jr. Winter) by In this case the Government refused to file a § 5K1.1 motion, apparently because the defedant's cooperation with Federal authorities failed to produce a Federal prosecution and because the defendant …

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich) by United States v. Rabins, 63 F.3d 721 (8th Cir. 1995) United States v. Streat, 893 F.Supp. 754 (N.D.Ohio 1995) Here are two cases that deal with the impact of AIDS on a person's sentence, …

Harris v. Ostrout, No. 94-4548 (11th Cir.) (65 F.3d 912) (September 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Searches - Body/Strip

Harris v. Ostrout, No. 94-4548 (11th Cir.) (65 F.3d 912) (September 29, 1995) (Per Curiam) by In this case the court granted summary judgment to the prison officials where the strip search policy was to "strip all 'close management' prisoners . . . before they leave their cells for any …

U.S. v. Williams, No. 94-1694 (2nd Cir.) (65 F.3d 301) (September 12, 1995) (Judge John M. Jr. Walker)

Article • October 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Williams, No. 94-1694 (2nd Cir.) (65 F.3d 301) (September 12, 1995) (Judge John M. Jr. Walker) by United States v. Moe, 65 F.3d 245 (2nd Cir. 1995) United States v. Williams, 65 F.3d 301 (2nd Cir. 1995) The juxtaposition of these two cases raises some disturbing questions about …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court approved an enhancement for obstruction of justice, stating that it "need not consider whether the attempt had any actual effect on the investigation.". United States v. Cardona-Rivera, 64 F.3d 361 (8th …

Orellana v. Kyle, No. 95-50252 (5th Cir.) (65 F.3d 29) (August 11, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists

Orellana v. Kyle, No. 95-50252 (5th Cir.) (65 F.3d 29) (August 11, 1995) (Per Curiam) by The Court wrote: "[I]t is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will henceforth quality for constitutional 'liberty.'" (Id., …

U.S. v. Burnett, No. 95-1716 (7th Cir.) (66 F.3d 137) (September 14, 1995) (Judge Frank H. Easterbrook)

Article • October 1, 1995

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Burnett, No. 95-1716 (7th Cir.) (66 F.3d 137) (September 14, 1995) (Judge Frank H. Easterbrook) by Case held that when a courier is held accountable for only the amount he carries, he plays a significant rather than a minor role in that offense. "Henchmen and factotums therefore do …

U.S. v. Cooper, No. 92-3501 (8th Cir.) (63 F.3d 761) (August 22, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists

U.S. v. Cooper, No. 92-3501 (8th Cir.) (63 F.3d 761) (August 22, 1995) (Per Curiam) by The Court stated: "Cooper committed three firearms offenses whose offense level is determined under § 2K2.1. Those offenses therefore "are to be grouped" under § 3D1.2. Application of the post-November 1, 1991, grouping rules …

U.S. v. Garcia, No. 94-6673 (4th Cir.) (65 F.3d 17) (September 11, 1995) (Judge Kenneth K. Hall)

Article • October 1, 1995

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Garcia, No. 94-6673 (4th Cir.) (65 F.3d 17) (September 11, 1995) (Judge Kenneth K. Hall) by Over the dissent of Judge Murhaghan, the Court held that at the conclusion of criminal proceedings, jurisdiction to recover the return of seized property is proper only in the district where 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, Hardship - Extraordinary

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. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes) by United States v. Moe, 65 F.3d 245 (2nd Cir. 1995) United States v. Williams, 65 F.3d 301 (2nd Cir. 1995) The juxtaposition of these two cases raises some disturbing questions …

U.S. v. Ortiz, No. 95-1015 (1st Cir.) (64 F.3d 18) (September 7, 1995) (Judge Juan R. Torruella)

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Ortiz, No. 95-1015 (1st Cir.) (64 F.3d 18) (September 7, 1995) (Judge Juan R. Torruella) by Case held that double counting is proper "if it is clearly intended by the [Sentencing] Commission and the same factor 'reflects both the seriousness of an offense and the likelihood of a …

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, Presentence Reports (PSRs)

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz) by Here's another case that affirms the validity of local court rules that limit the time period within which a defendant must raise objections to his PSI Report. In this case, the local …

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann)

Article • October 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Derewal, No. 95-1142 (3rd Cir.) (66 F.3d 52) (September 15, 1995) (Judge Carol Los Mansmann) by Case held that condition of probation requiring defendant to associate only with law-abiding persons was not improperly amended when probation officer officer required defendant to sign form that expanded terms of prohibition. …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

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

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Wrenn, No. 94-2089 (1st Cir.) (66 F.3d 1) (September 25, 1995) (Judge Sandra L. Lynch)

Article • October 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Wrenn, No. 94-2089 (1st Cir.) (66 F.3d 1) (September 25, 1995) (Judge Sandra L. Lynch) by This case involves an appeal by a defendant who contends that he gave the Government all the information required to qualify him for a reduction of sentence below the mandatory minimum under …