Search | Punch and Jurists

U.S. v. Crouch, No. 93-7719 (5th Cir.) (51 F.3d 480) (April 20, 1995) (Judge Henry A. Politz)

Article • May 1, 1995

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Crouch, No. 93-7719 (5th Cir.) (51 F.3d 480) (April 20, 1995) (Judge Henry A. Politz) by Case held that indictment brought eight years after allegedly illegal banking transaction resulted in actual prejudice, necessitating dismissal despite any lack of bad faith by the Government.

In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg)

Article • May 1, 1995

Filed under: Punch And Jurists, Bivens Actions

In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg) by QUOTE OF THE WEEK -- The use of "deadly force" to make arrests. "It is hardly debatable in a civilized constitutional democracy that in the final analysis, the goal …

U.S. v. Rico, No. 93-2237 (5th Cir.) (51 F.3d 495) (April 21, 1995) (Judge Jacques L. Jr. Wiener)

Article • May 1, 1995

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Rico, No. 93-2237 (5th Cir.) (51 F.3d 495) (April 21, 1995) (Judge Jacques L. Jr. Wiener) by Case is noted for its lengthy discussion of "manufactured exigencies" and its holding that bad faith of the part of the police officers is not required because "exigencies can be manufactured …

U.S. v. Werber, No. 94-1162 (2nd Cir.) (51 F.3d 342) (March 29, 1995) (Judge Jose A. Cabranes)

Article • May 1, 1995

Filed under: Punch And Jurists

U.S. v. Werber, No. 94-1162 (2nd Cir.) (51 F.3d 342) (March 29, 1995) (Judge Jose A. Cabranes) by Here's another sick sentencing credit case, which is probably as much a slap at Judge McKenna for showing some compassion and logic. After the BOP refused to give credit to the defendant …

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart)

Article • May 1, 1995

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Case held that court can order restitution to all the victims of a "scheme", including those not named in the Indictment.

In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg)

Article • May 1, 1995

Filed under: Punch And Jurists, Bivens Actions

In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg) by This case contains three lengthy and diverse opinions discussing the liability of officials for the actions of the police in the infamous and controversial 1985 bombing of participants in …

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan)

Article • May 1, 1995

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan) by Case is noted for Judge Jones' dissent in which he calls the majority's result "absurd" in finding that the defendant was subject to § 3164's 90 day limit, rather than § 3161's …

U.S. v. Polanco, No. 94-1556, No. 1166 (2nd Cir.) (47 F.3d 516) (February 8, 1995) (Judge Gerald W. Heaney)

Article • April 1, 1995

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Polanco, No. 94-1556, No. 1166 (2nd Cir.) (47 F.3d 516) (February 8, 1995) (Judge Gerald W. Heaney) by In this case the Court held that a defendant's prior conviction constitutes a "drug trafficking crime" under 18 U.S.C. § 924(c)(2), and therefore an "aggravated felony" mabdating the sixteen-level enhancement …

U.S. v. Studley, No. 94-1228 (2nd Cir.) (47 F.3d 569) (February 13, 1995) (Judge James L. Oakes)

Article • April 1, 1995

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Studley, No. 94-1228 (2nd Cir.) (47 F.3d 569) (February 13, 1995) (Judge James L. Oakes) by This is a significant decision that focuses on the meaning of the "jointly undertaken criminal activity" language in the relevant conduct § 1B1.3 of the Guidelines - and the differences between accomplice …

U.S. v. Ishmael, No. 94-40159 (5th Cir.) (48 F.3d 850) (March 15, 1995) (Judge Harold R. Jr. DeMoss)

Article • April 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Ishmael, No. 94-40159 (5th Cir.) (48 F.3d 850) (March 15, 1995) (Judge Harold R. Jr. DeMoss) by In this case, a thermal imager was used to support an application for a search warrant for marijuana. It was not used on the defendant's residence but on an adjacent building; …

Berryman v. Rieger, No. 93-2232 (6th Cir.) (47 F.3d 1167) (January 26, 1995) (Judge Gilbert S. Merritt)

Article • April 1, 1995

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Berryman v. Rieger, No. 93-2232 (6th Cir.) (47 F.3d 1167) (January 26, 1995) (Judge Gilbert S. Merritt) by

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett)

Article • April 1, 1995

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett) by This case is cited because it discusses in some detail the rarely used provision of the Guidelines, § 5K2.11, which permits downward departures for "lesser harms", i.e. where the conduct may not …

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner)

Article • April 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner) by Case held that an "extraordinary physical impairment" required by USSG § 5H1.4 for a downward departure requires a medical condition that the Bureau of Prisons is unable to accommodate (Id., …

Madrid v. Gomez, No. C90-3094-THE (N.D.Cal.) (889 F.Supp. 1146) (January 10, 1995) (Judge Thelton E. Henderson)

Article • April 1, 1995

Filed under: Punch And Jurists, Prison Conditions

Madrid v. Gomez, No. C90-3094-THE (N.D.Cal.) (889 F.Supp. 1146) (January 10, 1995) (Judge Thelton E. Henderson) by This 138 page opinion is the pièce de résistance of this week's decisions. It is one of the most chilling decisions of the year because it describes in detail what they always deny …

U.S. v. Johnson, No. 94-5472 (4th Cir.) (48 F.3d 806) (March 3, 1995) (Judge Paul V. Niemeyer)

Article • April 1, 1995

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Johnson, No. 94-5472 (4th Cir.) (48 F.3d 806) (March 3, 1995) (Judge Paul V. Niemeyer) by Fourth Circuit joins a majority of Circuits holding that sentencing courts cannot delegate to probation officers the right to determine either the amount of restitution or the schedule of payments.

U.S. v. Mizrachi, No. 94-1215 (2nd Cir.) (48 F.3d 651) (February 16, 1995) (Judge Jon O. Newman)

Article • April 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Mizrachi, No. 94-1215 (2nd Cir.) (48 F.3d 651) (February 16, 1995) (Judge Jon O. Newman) by This case contains a somewhat helpful review of the "grouping" concept under §§ 3D1.1-3D1.4 of the Guidelines and its effect on consecutive and concurrent sentences.

U.S. v. Reed, No. 94-2361 (8th Cir.) (47 F.3d 288) (February 8, 1995) (Judge Theodore McMillian)

Article • April 1, 1995

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Reed, No. 94-2361 (8th Cir.) (47 F.3d 288) (February 8, 1995) (Judge Theodore McMillian) by In this case, the Eighth Circuit held that bank statements mailed to an accountant satisfied §1341's mailing requirement. Here, an accountant and an attorney were indicted for mail fraud based on their scheme …

U.S. v. Watroba, No. 93-2600 (6th Cir.) (48 F.3d 933) (March 2, 1995) (Judge Joseph M. Hood)

Article • April 1, 1995

Filed under: Punch And Jurists

U.S. v. Watroba, No. 93-2600 (6th Cir.) (48 F.3d 933) (March 2, 1995) (Judge Joseph M. Hood) by Joining a majority of other Circuits, the 6th Circuit now holds that Sentencing Commission has authority to require a defendant to pay his costs of incarceration, under § 5E1.2 of the Guidelines, …

U.S. v. Czuprynski, No. 93-1079 (6th Cir.) (46 F.3d 560) (February 10, 1995) (Judge Cornelia G. Kennedy)

Article • March 1, 1995

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Czuprynski, No. 93-1079 (6th Cir.) (46 F.3d 560) (February 10, 1995) (Judge Cornelia G. Kennedy) by Case summary from the December 1998 Issue of The Champion, the Publication of the NACDL RICO Report By Barry Tarlow Barry Tarlow is a nationally prominent criminal defense lawyer practicing in Los …