Search | Punch and Jurists

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes)

Article • September 1, 1995

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes) by Case held that defendant failed to show that 55 month pre-indictment delay had been deliberate attempt to gain a tactical advantage, and therefore it was uncessessary to decide whether defendant had suffered …

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones)

Article • September 1, 1995

Filed under: Punch And Jurists

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones) by Court approved sentencing enhancement for vulnerable victims where telemarketing scheme targeted elderly victims.

U.S. v. Allender, No. 94-3200 (7th Cir.) (62 F.3d 909) (August 4, 1995) (Judge Daniel A. Manion)

Article • September 1, 1995

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

U.S. v. Allender, No. 94-3200 (7th Cir.) (62 F.3d 909) (August 4, 1995) (Judge Daniel A. Manion) by Here the Court explained that Application Note 7 (now Application Note 8(b)) refers to the speculative "opportunity cost" of misappropriated funds. "It does not refer to a guaranteed specific rate of return …

U.S. v. Catano-Alzate, No. 94-1495(L) (2nd Cir.) (62 F.3d 41) (July 21, 1995) (Per Curiam)

Article • September 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Catano-Alzate, No. 94-1495(L) (2nd Cir.) (62 F.3d 41) (July 21, 1995) (Per Curiam) by United States v. Catano-Alzate, 62 F.3d 41 (2nd Cir. 1995) United States v. Zajac, 62 F.3d 145 (6th Cir. 1995) Here are two cases which deal with the rules applicable to an "obstruction of …

U.S. v. Marsanico, No. 94-3585 (8th Cir.) (61 F.3d 666) (August 3, 1995) (Judge Michael James Davis)

Article • September 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Marsanico, No. 94-3585 (8th Cir.) (61 F.3d 666) (August 3, 1995) (Judge Michael James Davis) by This is a rare case involving § 5G1.3(a) of the Guidelines where the Court vacates a sentence because the district judge refused to sentence the defendant to a concurrent sentence on a …

U.S. v. Vance, No. 94-10245 (9th Cir.) (62 F.3d 1152) (August 7, 1995) (Judge Andrew J. Kleinfeld)

Article • September 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Vance, No. 94-10245 (9th Cir.) (62 F.3d 1152) (August 7, 1995) (Judge Andrew J. Kleinfeld) by Here the Court holds that "the district court cannot consider the defendant's refusal to discuss the offense with the probation officer as evidence weighing against acceptance of responsibility.". This case covers an …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by Joining a number of other Circuits (listed at p. 1286), this case held that § 3583 authorizes the revocation of supervised release even where the resulting incarceration, when combined with the …

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones)

Article • September 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones) by Case held that money laundering counts could be grouped with consipracy, mail and wire fraud, so that imposition of higher sentence was required, even though counts did not involve common victims.

U.S. v. Khoury, No. 94-50394 (9th Cir.) (62 F.3d 1138) (August 3, 1995) (Judge Monroe G. McKay)

Article • September 1, 1995

Filed under: Retaliation, Punch And Jurists

U.S. v. Khoury, No. 94-50394 (9th Cir.) (62 F.3d 1138) (August 3, 1995) (Judge Monroe G. McKay) by With unusually strong words, the majority in this case condemned the Government for refusing to make a 5K1 Motion in retaliation for the defendant's decision to go to trial rather than plead …

U.S. v. Akin, No. 94-10935 (5th Cir.) (62 F.3d 700) (August 18, 1995) (Judge John M. Jr. Duhé)

Article • September 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Akin, No. 94-10935 (5th Cir.) (62 F.3d 700) (August 18, 1995) (Judge John M. Jr. Duhé) by Court declined to hold that district court had erred when it refused to grant downward departure based on defendant's participation in a alcohol rehabilitation program. This case discusses whether a defendant …

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter)

Article • September 1, 1995

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter) by This case reverses a decision by Judge Patterson who permitted the Government to introduce evidence seized during a warrantless search of the defendant's apartment on the grounds of the …

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr)

Article • September 1, 1995

Filed under: Punch And Jurists, Loss - Multiple Loss Causation

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr) by This is the second appeal by the Government of a sentence imposed by Judge Harrington, where he tried to reduce a defendant's sentence by applying some creative thinking to the concept of …

U.S. v. Nutter, No. 94-1160 (2nd Cir.) (61 F.3d 10) (August 1, 1995) (Per Curiam)

Article • September 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Nutter, No. 94-1160 (2nd Cir.) (61 F.3d 10) (August 1, 1995) (Per Curiam) by This is a highly technical decision involving appeals of a sentence under 18 U.S.C. § 3742. That statute permits appeals of a sentence which involve, inter alia, violations of the law or misapplications of …

U.S. v. Capers, No. 93-5625 (4th Cir.) (61 F.3d 1100) (August 10, 1995) (Judge M. Blane Michael)

Article • September 1, 1995

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

U.S. v. Capers, No. 93-5625 (4th Cir.) (61 F.3d 1100) (August 10, 1995) (Judge M. Blane Michael) by Case held that the courts can give retroactive effect to a clarifying (as opposed to substantive) amendment regardless of whether it is listed in USSG § 1B1.10. This decision confirms [at headnote …

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, New Trial - Motions for

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 two holdings. First he holds that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, …

U.S. v. Domino, No. 94-10933 (5th Cir.) (62 F.3d 716) (August 22, 1995) (Judge Jacques L. Jr. Wiener)

Article • September 1, 1995

Filed under: Punch And Jurists, Stipulations

U.S. v. Domino, No. 94-10933 (5th Cir.) (62 F.3d 716) (August 22, 1995) (Judge Jacques L. Jr. Wiener) by Case held that any "stipulation" under § 1B1.2(a) must establish a factual basis for each element of the more serious offense before it can be used to increase a defendant's sentence. …

U.S. v. Trenkler, No. 94-1301 (1st Cir.) (61 F.3d 45) (July 18, 1995) (Judge Norman H. Stahl)

Article • September 1, 1995

Filed under: Punch And Jurists, Residual exception

U.S. v. Trenkler, No. 94-1301 (1st Cir.) (61 F.3d 45) (July 18, 1995) (Judge Norman H. Stahl) by Case held that while it was error to permit use of the resudual exception to allow computerized evidence to be introduced, the error was harmless. This case deals primarily with a highly …

U.S. v. Egemonye, No. 94-1922 (1st Cir.) (62 F.3d 425) (August 3, 1995) (Judge Michael Boudin)

Article • September 1, 1995

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Egemonye, No. 94-1922 (1st Cir.) (62 F.3d 425) (August 3, 1995) (Judge Michael Boudin) by Case held that the aggregate credit card limits could be used as the measure of intended and potential loss for purposes of the Guidelines. In a credit card fraud case that deals primarily …

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr)

Article • September 1, 1995

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr) by Case held that settlement of defendant's civil suit with financial institution did not warrant a downward departure. This is the second appeal by the Government of a sentence imposed by Judge Harrington, …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by While this is not a Guideline case per se, it does discuss revocation of supervised release and it holds that 18 U.S.C. § 3583 authorizes the revocation of supervised release "even …