Search | Punch and Jurists

U.S. v. Klaphake, No. 94-3864 (8th Cir.) (64 F.3d 435) (August 30, 1995) (Judge Roger L. Wollman)

Article • October 1, 1995

Filed under: Punch And Jurists

U.S. v. Klaphake, No. 94-3864 (8th Cir.) (64 F.3d 435) (August 30, 1995) (Judge Roger L. Wollman) by Court held that a party seeking to exempt a witness from sequestration must show that the witness had such specialized expertise or intimate knowledge of the facts of the case that the …

U.S. v. Valentine, No. 94-5022 (6th Cir.) (63 F.3d 459) (August 16, 1995) (Judge Richard F. Suhrheinrich)

Article • October 1, 1995

Filed under: Punch And Jurists, Federal Funds

U.S. v. Valentine, No. 94-5022 (6th Cir.) (63 F.3d 459) (August 16, 1995) (Judge Richard F. Suhrheinrich) by Case held that the provisions of 18 USC § 666 that prohibit an agency receiving $10,000 or more in one year from misappropriating property valued at $5,000 requires that the threshold amount …

U.S. v. Cardona-Rivera, No. 94-3962 (8th Cir.) (64 F.3d 361) (August 23, 1995) (Judge Richard S. Arnold)

Article • October 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Cardona-Rivera, No. 94-3962 (8th Cir.) (64 F.3d 361) (August 23, 1995) (Judge Richard S. Arnold) by Case held that false statements made by defendant to presentence officer regarding his nationality, background and family, which were later corrected, could not be considered material for purposes of enhancement under § …

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold) 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 …

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin)

Article • October 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin) by Here the defendant was sentenced to a consecutive term of imprisonment under § 5G1.3(a) and was given a two point increase in his criminal history points for committing the present Federal offense while …

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. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by One of the holdings in this case was that the requirements of § 3B1.1 are met if the defendant was a manager or supervisor and the criminal activity itself involved at least …

U.S. v. Bethancourt, No. 94-5670 (3rd Cir.) (65 F.3d 1074) (September 6, 1995) (Judge Max Rosenn)

Article • October 1, 1995

Filed under: Punch And Jurists, Summation

U.S. v. Bethancourt, No. 94-5670 (3rd Cir.) (65 F.3d 1074) (September 6, 1995) (Judge Max Rosenn) by "Despite our best efforts, some prosecutors continue to engage in behavior that can only corrupt the judicial process and undermine the very investigative and prosecutorial resources they seek to serve. They apparently do …

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam) by Here the 11th Circuit joins a majority of the Circuits holding that the Sentencing Guideline Commission had the authority to promulgate § 5E1.2 of the Guidelines and impose a cost of incarceration fine; thus …

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: Punch And Jurists, Refusal to file motion

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti) by The Court stated: "However, the government cannot refuse to file such a motion on the basis of an unconstitutional motive (e.g., racial discrimination), or arbitrarily (i.e., for reasons not rationally related to any …

U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood)

Article • October 1, 1995

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

U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood) by This case discusses the split among Circuits regarding the meaning of § 3B1.1 prior to the adoption of Amendment No. 500 on Nov. 1, 1993. That amendment made clear that for an …

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Material to the Preparation of the Defense

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by In this case, the Court agreed with the defendant that there had been a Brady rule violation because the Government had suppressed an affidavit that it knew about; but it held that …

U.S. v. Hernandez, No. 94-60586 (5th Cir.) (64 F.3d 179) (August 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hernandez, No. 94-60586 (5th Cir.) (64 F.3d 179) (August 29, 1995) (Per Curiam) by In this case, the defendant was serving an 84 month sentence on an unrelated charge when he received a new 120 month sentence. The sentence was imposed consecutively, and the defendant appealed arguing that …

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam) by Court held that district court did not clearly err when it imposed an upward departure based on extreme psychological injury to victims.

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Constructive/Imputed/Presumed knowledge

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by Among other rulings, the Court affirmed that a prosecutor cannot hide behind the defense that he personally was unaware of the suppressed evidence. "The individual prosecutor is presumed to have knowledge of …

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. Kinder, No. 94-1333 (2nd Cir.) (64 F.3d 757) (August 16, 1995) (Judge Ralph K. Jr. Winter)

Article • October 1, 1995

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Kinder, No. 94-1333 (2nd Cir.) (64 F.3d 757) (August 16, 1995) (Judge Ralph K. Jr. Winter) by In 1993, the Guidelines were amended to change the method of calculating the weight of LSD. Since then, the prevailing view has been that Amendment 488 applied for purposes of the …

U.S. v. Robinson, No. 92-6951 (11th Cir.) (62 F.3d 1325) (August 31, 1995) (Judge Stanley F. Jr. Birch)

Article • September 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Robinson, No. 92-6951 (11th Cir.) (62 F.3d 1325) (August 31, 1995) (Judge Stanley F. Jr. Birch) by Case held that the defendants failed to manifest a subjective expectation of privacy in the excess heat generated by a thermal image search.

U.S. v. Montoya, No. 94-1666 (1st Cir.) (62 F.3d 1) (July 27, 1995) (Judge Michael Boudin)

Article • September 1, 1995

Filed under: Punch And Jurists

U.S. v. Montoya, No. 94-1666 (1st Cir.) (62 F.3d 1) (July 27, 1995) (Judge Michael Boudin) by This case deals with sentencing entrapment or "sentencing factor manipulation" where the defendant claims that the Government improperly enlarged the scope or scale of the crime in order to increase the sentence. While …

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya)

Article • September 1, 1995

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

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya) by This multi-issue sentencing decision by the pedantic Judge Selya is cited for its holding that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, for being a …