Search | Punch and Jurists

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1461) (May 8, 1995) (Judge Alex Kozinski)

Article • August 1, 1995

Filed under: Punch And Jurists, Cruel and Unusual Punishment

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1461) (May 8, 1995) (Judge Alex Kozinski) by In this case the Court held that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years between his date of conviction and his date …

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1493) (May 9, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Cruel and Unusual Punishment

McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1493) (May 9, 1995) (Per Curiam) by Here an en banc court refused to grant a stay from the panel's previous ruling that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years …

U.S. v. Willey, No. 93-2930 (5th Cir.) (57 F.3d 1374) (June 27, 1995) (Judge Will L. Garwood)

Article • August 1, 1995

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Willey, No. 93-2930 (5th Cir.) (57 F.3d 1374) (June 27, 1995) (Judge Will L. Garwood) by In this case the Fifth Circuit generally acknowledged the validity of the Tenth Circuit's conclusion that "Merely engaging in a transaction with money whose nature has been concealed through other means is …

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney) by The defendant was released from prison in 1990 and commenced serving a five year term of supervised release. In 1994 he traveled to New York without obtaining appropriate authorization from his probation …

U.S. v. Camp, No. 94-30292 (9th Cir.) (58 F.3d 491) (June 29, 1995) (Judge Eugene A. Wright)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. Camp, No. 94-30292 (9th Cir.) (58 F.3d 491) (June 29, 1995) (Judge Eugene A. Wright) by Case held that Federal courts may not consider, at sentencing, information revealed by a defendant in exchange for state transactional immunity.

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, Disclosure Obligations

U.S. v. Rodriguez, No. 94-60733 (5th Cir.) (60 F.3d 193) (July 21, 1995) (Judge John M. Jr. Duhé) by Case held that a probation officer is not "the Government" for purposes of the safety valve statute and that giving information to the probation officer did not satisfy the statute.

U.S. v. Ursery, No. 94-1127 (6th Cir.) (59 F.3d 568) (July 13, 1995) (Judge Nathaniel R. Jones)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. Ursery, No. 94-1127 (6th Cir.) (59 F.3d 568) (July 13, 1995) (Judge Nathaniel R. Jones) by In this case, the Michigan Police found marijuana growing adjacent to respondent Guy Ursery's house, and discovered marijuana seeds, stems, stalks, and a grow light within the house. The United States instituted …

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins)

Article • August 1, 1995

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

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins) by Section 2T1.3 of the Guidelines permits a two level enhancement if unreported income of over $10,000 comes from "criminal activity". Here, the Ninth Circuit rules that conduct which does not lead to …

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman)

Article • August 1, 1995

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

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman) 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) - using or …

U.S. v. Arnold, No. 94-6176 (6th Cir.) (58 F.3d 1117) (July 13, 1995) (Judge H. Ted Milburn)

Article • August 1, 1995

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Arnold, No. 94-6176 (6th Cir.) (58 F.3d 1117) (July 13, 1995) (Judge H. Ted Milburn) by Here the Court held that when it is not clear from the elements of the offense alone whether the crime involved a serious risk of potential injury to another, the sentencing court …

U.S. v. Dean, No. 94-10247 (5th Cir.) (59 F.3d 1479) (July 21, 1995) (Judge Emilio M. Garza)

Article • August 1, 1995

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dean, No. 94-10247 (5th Cir.) (59 F.3d 1479) (July 21, 1995) (Judge Emilio M. Garza) by Here's a mildly surprising multi-issue drug case from the Fifth Circuit which is cited for its ruling on "relevant conduct" under U.S.S.G. § 1B1.3. Even though the district court made a finding …

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown)

Article • August 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown) by Here's another case dealing with the Guideline's concept of Acceptance of Responsibility under § 3E1.1. In denying ad adjustment for acceptance of responsibility, the district court found that the defendant had admitted …

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins) by Here's a decision written by Judge Wilkens, the former Chairman of the Sentencing Guidelines Commission, on the purpose and intent of Guidelines § 5G1.3, so it will probably be cited frequently. …

Baker v. Cuomo, No. 94-2163, No. 565 (2nd Cir.) (58 F.3d 814) (May 12, 1995) (Judge Wilfred Feinberg)

Article • August 1, 1995

Filed under: Punch And Jurists, Voting Rights

Baker v. Cuomo, No. 94-2163, No. 565 (2nd Cir.) (58 F.3d 814) (May 12, 1995) (Judge Wilfred Feinberg) by This case involves a class action brought by inmates who challenge the validity of New York's voting laws that disenfranchise incarcerated felons but permit unincarcerated felons to vote. The case was …

U.S. v. Zakhor, No. 94-50439 (9th Cir.) (58 F.3d 464) (June 22, 1995) (Judge Melvin Brunetti)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. Zakhor, No. 94-50439 (9th Cir.) (58 F.3d 464) (June 22, 1995) (Judge Melvin Brunetti) by In this Sentencing Guideline case, the Ninth Circuit upheld the validity of § 5E1.2(i) [now § 5E1.2(d)(7)], which empowers the court to impose a fine sufficient to pay the costs of any imprisonment, …

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam) by The case discusses U.S.S.G. § 5G1.3, which the court says is "one of the most complex provisions of the Sentencing Guidelines." The defendant was prosecuted in two separate Federal districts for a single pattern …

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood)

Article • August 1, 1995

Filed under: Punch And Jurists, Community Confinement/Home Detention

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood) by Case held that pretrial home confinement was not "official detention" required by statute for award of sentencing credit.

U.S. v. Asher, No. 95-1013 (7th Cir.) (59 F.3d 622) (June 28, 1995) (Judge Jesse E. Eschbach)

Article • August 1, 1995

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

U.S. v. Asher, No. 95-1013 (7th Cir.) (59 F.3d 622) (June 28, 1995) (Judge Jesse E. Eschbach) by Court held that the amount of loss in a check kiting scheme is the amount of loss at the time the scheme was discovered. This case involved a check kiting scheme in …

U.S. v. All Assets and Equip. of West Side Bldg., No. 94-1377 (7th Cir.) (58 F.3d 1181) (June 29, 1995) (Judge Kenneth F. Ripple)

Article • August 1, 1995

Filed under: Punch And Jurists

U.S. v. All Assets and Equip. of West Side Bldg., No. 94-1377 (7th Cir.) (58 F.3d 1181) (June 29, 1995) (Judge Kenneth F. Ripple) by Here the Court held that an illegal seizure does not, standing alone, require that the property be immune from forfeiture; rather the Government is responsible …

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins)

Article • August 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins) by Case affirmed an obstruction of justice enhancement based on testimony of witness who received benefits from the Government for her testimony and who admitted she had been a drug user.