Search | Punch and Jurists

U.S. v. Snook, No. 94-4004 (7th Cir.) (60 F.3d 394) (July 26, 1995) (Judge Michael S. Kanne)

Article • August 1, 1995

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Snook, No. 94-4004 (7th Cir.) (60 F.3d 394) (July 26, 1995) (Judge Michael S. Kanne) by For a different view when the case involves only possession with intent to distribute (and not conspiracy), see U.S. v. Wyss, 147 F.3d 631 (7th Cir. 1998). Case held that drugs which …

U.S. v. Oliver, No. 93-10770 (9th Cir.) (60 F.3d 547) (July 6, 1995) (Judge Michael Daly Hawkins)

Article • August 1, 1995

Filed under: Punch And Jurists, Federal Carjacking Statute

U.S. v. Oliver, No. 93-10770 (9th Cir.) (60 F.3d 547) (July 6, 1995) (Judge Michael Daly Hawkins) by

U.S. v. Ledesma, No. 93-4316 (11th Cir.) (60 F.3d 750) (August 4, 1995) (Judge R. Lanier III Anderson)

Article • August 1, 1995

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

U.S. v. Ledesma, No. 93-4316 (11th Cir.) (60 F.3d 750) (August 4, 1995) (Judge R. Lanier III Anderson) by Case held that restitution cannot be ordered for losses arising out of a separate crime for which the defendant was not convicted. Here's an interesting restitution case where the defendant pled …

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 rejected claim that defendant's rights under the equal protection clause were violated because others had received credit for postrial custodial home detention and he did not for pretrial home detention.

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Here the Court held that it was not improper double counting to increase a sentence both for a leadership role under § 3B1.1 and under § 2F1.1(b)(4)(B) - formerlly codified at § …

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder)

Article • July 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder) by Case held that while a check kiter is entitled to a reduction for any funds actually available in the accounts on which the checks were drawn, he is not entitled to a …

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson)

Article • July 1, 1995

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson) by Case held that claims of ineffective counsel need not be raised on direct appeal in order to be cognizable in a habeas appeal.

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum)

Article • July 1, 1995

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum) by Case held that disparity of sentences among co-conspirators is not a valid basis for a downward departure.

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari) by A double-counting case under the Guidelines that holds that a court "does not engage in impermissible double counting when it considers a single act that 'is relevant to two dimensions of the …

U.S. v. Griswold, No. 94-1979 (3rd Cir.) (57 F.3d 291) (June 5, 1995) (Judge Robert E. Cowen)

Article • July 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Griswold, No. 94-1979 (3rd Cir.) (57 F.3d 291) (June 5, 1995) (Judge Robert E. Cowen) by This case contains a good discussion of the concept of "grouping" closely related counts" under § 3D1.2 of the Guidelines. The defendant was charged with a number of different counts of making …

U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg)

Article • July 1, 1995

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

U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg) by Even though the Sentencing Commission had not taken into account the use by the INS of confusing Forms I-294, no departure could be granted on the basis of such forms since …

U.S. v. Stites, No. 94-50123 (9th Cir.) (56 F.3d 1020) (June 27, 1995) (Judge John T. Jr. Noonan)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Stites, No. 94-50123 (9th Cir.) (56 F.3d 1020) (June 27, 1995) (Judge John T. Jr. Noonan) by Case held that an enhancement for obstruction of justice was improper when it was based on the defendant's refusal to provide current financial information to his probation officer and/or his flight …

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards) by In this case the D.C. Circuit reversed an upward enhancement of two points for abuse of a position of trust that was applied by the district court; and in so doing specifically …

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen)

Article • July 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen) by In this carjacking case, the Court held that an upward departure of 180 months (increasing defendant's sentence to 1,253 months) for unusually heinous conduct was not an abuse of discretion.

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards) by The Court held that Rule 704(b) creates a line that expert witnesses may not cross: they may not opine as to the criminal state of mind of a defendant and the prosecution …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Case held that when a sentencing court "inappropriately delegates to the probation department its authority to establish a payment schedule for restitution", the order must be vacated.

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum) by "The Supreme Court held in Dunnigan [U.S. v. Dunnigan, 122 L.Ed.2d 445 (1993)] that when the district court bases a § 3C1.1 enhancement on the defendant's perjury at trial, it should preferably …

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes)

Article • July 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that the district court did not clearly err in disbelieving defendant's testimony and crediting affidavits of cooperating witnesses for sentencing purposes. This is one of those cases that shows the …

U.S. v. Stanley, No. 94-1337 (2nd Cir.) (54 F.3d 103) (April 28, 1995) (Judge Joseph M. McLaughlin)

Article • July 1, 1995

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

U.S. v. Stanley, No. 94-1337 (2nd Cir.) (54 F.3d 103) (April 28, 1995) (Judge Joseph M. McLaughlin) by Case held that loss could properly be based on the difference between the value of the bonds in question when fraud began and value at time fraud was discovered, regardless of intent …

U.S. v. $405,089.23 U.S. Currency, No. 93-55947 (9th Cir.) (56 F.3d 41) (May 30, 1995) (Per Curiam)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. $405,089.23 U.S. Currency, No. 93-55947 (9th Cir.) (56 F.3d 41) (May 30, 1995) (Per Curiam) by The Court held that the Double Jeopardy Clause prohibits the Government from both punishing a defendant for a criminal offense and forfeiting his property for that same offense in a separate civil …