Search | Punch and Jurists

U.S. v. Jackson, No. 93-1619, No. 158 (2nd Cir.) (60 F.3d 128) (July 14, 1995) (Judge John M. Jr. Walker)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. Jackson, No. 93-1619, No. 158 (2nd Cir.) (60 F.3d 128) (July 14, 1995) (Judge John M. Jr. Walker) by This case deals with another of the many double standards that prevail at criminal trials. Rule 615 of the Fed.R.Evid. theoretically requires the trial court to exclude witnesses from …

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker)

Article • August 1, 1995

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker) by Case held that district court improperly participated in plea bargaining process by commenting on the possible sentence the defendant would receive if convicted on all counts and it vacated sentence and remanded …

U.S. v. Wright, No. 94-5644 (6th Cir.) (60 F.3d 240) (July 27, 1995) (Judge Gilbert S. Merritt)

Article • August 1, 1995

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

U.S. v. Wright, No. 94-5644 (6th Cir.) (60 F.3d 240) (July 27, 1995) (Judge Gilbert S. Merritt) by In this case the defendant pled guilty to making false statements in order to obtain three bank loans. The defendant was sentenced on the basis of some $173,000 in "losses" even though …

Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson)

Article • August 1, 1995

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson) by This appears to be the only Circuit court decision holding that mixed-motive checkpoints are lawful so long as at least one of the underlying purposes of the search - no matter how …

U.S. v. Jones, No. 94-3107 (D.C. Cir.) (58 F.3d 688) (July 7, 1995) (Judge James L. Buckley)

Article • August 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Jones, No. 94-3107 (D.C. Cir.) (58 F.3d 688) (July 7, 1995) (Judge James L. Buckley) by Court expressed concerns about the Government's ability to "dangle" suggestions of a § 5K1.1 motion in front of defendant even when it knows that the defendant could not possibly provide it with …

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone)

Article • August 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone) by United States v. Anderson, 59 F.3d 1323 (D.C.Cir. 1995) United States v. Melendez, 60 F.3d 41 (2nd Cir. 1995) Here are two cases dealing with 18 U.S.C. § 924(c) - …

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang)

Article • August 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang) by In this case the Court held that a defendant's waiver of his right to appeal was unenforceable because the district court's oral pronouncements at sentencing trumped the written plea agreement and because the …

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill)

Article • August 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill) by In this case, the Eighth Circuit adopted the rule followed by the Second and Ninth Circuits which holds that when a defendant denies only the criminal act, he does not place his …

U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson)

Article • August 1, 1995

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

U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson) by Case upheld an enhancement for leadership of defendant's employees, even though none of those employees were charged with criminal activity and none of them benefited from the illegal speculation that occurred. Here …

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Special Conditions

U.S. v. Abrar, No. 95-1080 (2nd Cir.) (58 F.3d 43) (June 22, 1995) (Judge J. Daniel Mahoney) by Here's an interesting supervised release case. Judge Raggi imposed a special condition of supervised release requiring the defendant to repay his all of his personal debts that were unrelated to his criminal …

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay)

Article • August 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay) by The defendant pled guilty to one count of possessing an unregistered firearm, under 26 U.S.C. § 5861. The Presentence Report recommended that the sentence by enhanced by four levels, under U.S.S.G. § …

Vasquez v. Hernandez, No. 94-2447 (7th Cir.) (60 F.3d 325) (July 14, 1995) (Judge William J. Bauer)

Article • August 1, 1995

Filed under: Punch And Jurists

Vasquez v. Hernandez, No. 94-2447 (7th Cir.) (60 F.3d 325) (July 14, 1995) (Judge William J. Bauer) by Case held that any delay caused by an alleged "conspiracy of silence" by police officials as to the source of a bullet did not deprive plaintiffs' of their right to access to …

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé)

Article • August 1, 1995

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé) by In this case, the defendant asked the court to depart from the mandatory minimum sentence on the grounds that he had complied with the provisions of § 5C1.2 of the Guidelines …

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya)

Article • August 1, 1995

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

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya) by Another multi-issue case which is cited because the court attempts to justify a truly astonishing sentence of 660 years based on the imposition of numerous consecutive sentences for money laundering. The sentence …

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker)

Article • August 1, 1995

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker) by Case held that district court improperly participated in plea bargaining process by commenting on the possible sentence the defendant would receive if convicted on all counts and it vacated sentence and remanded …

U.S. v. Ekwunoh, No. Cr 91-684 (E.D.N.Y.) (888 F.Supp. 364) (May 30, 1995) (Judge Jack B. Weinstein)

Article • August 1, 1995

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

U.S. v. Ekwunoh, No. Cr 91-684 (E.D.N.Y.) (888 F.Supp. 364) (May 30, 1995) (Judge Jack B. Weinstein) by Here the Court held that where both the Government and the defense agreed that the ten year sentence mandated by the Court of Appeals was excessive, it would withhold reimposition of sentence …

U.S. v. Cutler, No. 94-1382, No. 930 (2nd Cir.) (58 F.3d 825) (June 19, 1995) (Judge Joseph M. McLaughlin)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. Cutler, No. 94-1382, No. 930 (2nd Cir.) (58 F.3d 825) (June 19, 1995) (Judge Joseph M. McLaughlin) by Court held that the term "wilfulness" as used in the context of contempt merely requires "a specific intent to consciously disregard and order of the court." (Id., at 837). This …

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya)

Article • August 1, 1995

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

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya) by Another multi-issue case which is cited because the court attempts to justify a truly astonishing sentence of 660 years based on the imposition of numerous consecutive sentences for money laundering. The sentence …

U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam) by This case deals with the right to obtain a reduction of sentence under U.S.S.G. § 3B1.2 (Mitigating Role). The defendant pled guilty to (a) a conspiracy to defraud the Government by obtaining false payments …

U.S. v. Childress, No. 90-3222 (D.C. Cir.) (58 F.3d 693) (July 7, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Childress, No. 90-3222 (D.C. Cir.) (58 F.3d 693) (July 7, 1995) (Per Curiam) by While this drug case covered many issues, it is cited for its lengthy discussion [at headnotes 37 ff.] of the correct method of determining the proper amount of drugs reasonably foreseeable to each defendant …