Search | Punch and Jurists

U.S. v. Crass, No. 94-1789 (1st Cir.) (50 F.3d 81) (March 24, 1995) (Judge Conrad K. Cyr)

Article • January 1, 1995

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Crass, No. 94-1789 (1st Cir.) (50 F.3d 81) (March 24, 1995) (Judge Conrad K. Cyr) by Here the court held that "Intent, like any other elements of the crime charged, may not be contested by the defendant without jeopardizing an downward adjustment for acceptance of responsibility under USSG …

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez)

Article • January 1, 1995

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez) by Case held that if Government fails to produce witness lists, the court may impose the double sanctions of ordering a mistrial and suppressing the witness's testimony at retrial.

U.S. v. Schmidt, No. 83-3327 (7th Cir.) (47 F.3d 188) (February 1, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Schmidt, No. 83-3327 (7th Cir.) (47 F.3d 188) (February 1, 1995) (Judge John L. Coffey) by What is unclear from this case is whether an obstruction of justice enhancement is proper when the obstructive conduct occurs before any investigation has begun. See U.S. v. Clayton, 172 F.3d 347, …

National Rifle Association of America v. McGaw, No. 95-CV-10045-BC (E.D.Mich.) (909 F.Supp. 490) (November 22, 1995) (Judge Robert H. Cleland)

Article • January 1, 1995

Filed under: Punch And Jurists, Notice - Adequacy of

National Rifle Association of America v. McGaw, No. 95-CV-10045-BC (E.D.Mich.) (909 F.Supp. 490) (November 22, 1995) (Judge Robert H. Cleland) by Pre-enforcement constitutional challenge to provisions of Violent Crime Control and Law Enforcement Act of 1994 restricting semiautomatic assault weapons and large-capacity ammunition feeding devices was not ripe for judicial …

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty pleas must …

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein) by Following a remand from the Second Circuit in a case reported at 998 F.2d 84, Judge Weinstein took pains to justify his methodology for attributing large quantities of drugs to the defendants …

U.S. v. Hart, No. 92-2144 (6th Cir.) (70 F.3d 854) (November 16, 1995) (Judge Nathaniel R. Jones)

Article • January 1, 1995

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Hart, No. 92-2144 (6th Cir.) (70 F.3d 854) (November 16, 1995) (Judge Nathaniel R. Jones) by This is one of those cases that shows how easy it is for the prosecutor to evade the requirements of Rule 404(b) of the Fed.R.Crim.P. That Rule prohibits the introduction of "character …

U.S. v. Dobbs, No. 94-40606 (5th Cir.) (63 F.3d 391) (August 24, 1995) (Judge Carl E. Stewart)

Article • January 1, 1995

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Dobbs, No. 94-40606 (5th Cir.) (63 F.3d 391) (August 24, 1995) (Judge Carl E. Stewart) by In this case a cattle rancher was charged with money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(I) because he deposited illegal cattle proceeds in his wife's bank account which was used …

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar) by United States v. Wilson, 81 F.3d 1300 (4th Cir. 1996) United States v. Basket, 82 F.3d 44 (2nd Cir. 1996) Both of these cases deal with Rule 11 of the Fed.R.Crim.P. in …

U.S. v. Mejia-Uribe, No. 94-4051 (8th Cir.) (75 F.3d 395) (January 31, 1996) (Judge John R. Gibson)

Article • January 1, 1995

Filed under: Punch And Jurists, Closeness in Time

U.S. v. Mejia-Uribe, No. 94-4051 (8th Cir.) (75 F.3d 395) (January 31, 1996) (Judge John R. Gibson) by After the defendant was convicted, he appealed principally on the grounds that the lower court had violated Rule 404(b) when it permitted the introduction into evidence of his seventeen-year old 1978 conviction. …

U.S. v. Guiro, No. 93-CR-1384 (E.D.N.Y.) (887 F.Supp. 66) (May 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Guiro, No. 93-CR-1384 (E.D.N.Y.) (887 F.Supp. 66) (May 17, 1995) (Judge Jack B. Weinstein) by Here's another gem from Judge Weinstein that is bound to be appealed. A drug defendant-turned snitch is given a 5K1 letter and Judge Weinstein sentences her to eight months in a half-way house, …

U.S. v. Velasquez, No. 93-7236 (3rd Cir.) (64 F.3d 844) (August 31, 1995) (Judge Jane R. Roth)

Article • January 1, 1995

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Velasquez, No. 93-7236 (3rd Cir.) (64 F.3d 844) (August 31, 1995) (Judge Jane R. Roth) by In this case, the 3rd Circuit vacated a conviction because the trial judge refused to allow defense coun- sel to introduce an expert witness who would have criticized the reliability of handwriting …

Finn v. Schiller, No. 94-2373 (4th Cir.) (72 F.3d 1182) (January 3, 1996) (Judge Robert F. Chapman)

Article • January 1, 1995

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

Finn v. Schiller, No. 94-2373 (4th Cir.) (72 F.3d 1182) (January 3, 1996) (Judge Robert F. Chapman) by Case held that violations of Rule 6(e)(2) provide for both civil and criminal contempt, but do not crate a private cause of action.

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey) by The Seventh Circuit approves the use of evidence, under Rule 404(b), showing that the defendant was a member of a street gang and that he had been subject to two assassination attempts …

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar)

Article • January 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar) by United States v. Wilson, 81 F.3d 1300 (4th Cir. 1996) United States v. Basket, 82 F.3d 44 (2nd Cir. 1996) Both of these cases deal with Rule 11 of the Fed.R.Crim.P. in …

U.S. v. Gray, No. 94-1298 (1st Cir.) (63 F.3d 57) (August 16, 1995) (Judge Juan R. Torruella)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. Gray, No. 94-1298 (1st Cir.) (63 F.3d 57) (August 16, 1995) (Judge Juan R. Torruella) by This is one of those rare and inexplicable Rule 11 cases where the First Circuit finds that the District Court did not adequately explain the consequences of a guilty plea to the …

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch)

Article • January 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch) by Here the Court held that it was not improper double counting to increase a defendant's sentence both for a leadership-role enhancement and by upwardly departing, both based on the unusually high purity …

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen)

Article • January 1, 1995

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

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen) by The Court holds that evidence that the defendant had been convicted six years previously on state drug charges was admissible under Rule 404(b) to prove motive, intent, preparation, plan and knowledge in …

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald)

Article • January 1, 1995

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald) by While this decision is neither significant nor scintillating, it does review two important issues that arise frequently in criminal trials; namely, the introduction into evidence of "other bad acts" of the defendant …

U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett)

Article • January 1, 1995

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett) by Based on the provisions of Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P., it is generally assumed that evidence of a guilty plea which is later withdrawn is not …