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U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt) by Here the Sixth Circuit vacated a drug sentence based on the Supreme Court's ruling in Apprendi v. New Jersey, and while the facts were particularly harsh, the Court commented that Apprendi made …

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt) by In this case the Ninth Circuit reviewed the Supreme Court’s decision in Williams v. Taylor, 120 S.Ct. 1495 (2000), and held that “clear error” analysis provides the appropriate analytical model for determining …

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby) by Although this appeal involved numerous issues, it is noted for the claims of one defendant that the jury should have determined both the quantity and the type of drugs involved in her crime; …

Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Burden of Proof

Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens) by While the Supreme Court’s decision in Dickerson v. U.S. case received much of the press’ attention, its decision in the instant case (which was decided on the same day) …

U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson) by Here the Ninth Circuit reversed a sentence which was significantly enhanced based on an uncharged (and highly suspect) kidnaping charge, holding that a sentence increase of the magnitude imposed requires proof …

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hardin, No. 99-1175 (7th Cir.) (209 F.3d 652) (March 30, 2000) (Judge Terrence T. Evans) by One of the defendants in this multidefendant drug trafficking case presented a question about whether a provision in the continuing criminal enterprise statute was a mere penalty enhancement or an element of …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by Rarely does a case express as clearly as this one does the enormous advantages that accrue to the Government through the use of relevant conduct at sentencing. In this case, the defendant …

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter)

Article • January 2, 2000 • from P&J March, 1999

Filed under: Punch And Jurists, Burden of Proof

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by QUOTE OF THE WEEK - Some observations on the consequences of treating factors that drastically affect a sentence as mere sentencing enhancements which need not be proven to a jury …

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ward, No. 98-2881 (11th Cir.) (197 F.3d 1076) (December 8, 1999) (Judge Charles R. Wilson) by Here the Eleventh Circuit held that the district court had erred in granting a judgment of acquittal on three money laundering counts due to the small amount of illegal funds involved, the …

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sigma International, No. 97-2618 (11th Cir.) (196 F.3d 1314) (November 30, 1999) (Judge Gerald B. Tjoflat) by In its decision, the court noted that, after Bank of Nova Scotia, a court may not, in the absence of racial discrimination in the grand jury pool, dismiss an indictment on …

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (198 F.3d 745) (December 7, 1999) (Judge Diarmuid F. O'Scannlain)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (198 F.3d 745) (December 7, 1999) (Judge Diarmuid F. O'Scannlain) by For some time now the courts have struggled with the concept of whether the normal preponderance of evidence standard that applies to sentencing hearings is sufficient when the application of a particular …

Keating v. Hood, No. 98-55468 (9th Cir.) (191 F.3d 1053) (September 16, 1999) (Judge Stephen Reinhardt)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Burden of Proof

Keating v. Hood, No. 98-55468 (9th Cir.) (191 F.3d 1053) (September 16, 1999) (Judge Stephen Reinhardt) by Here the Court held that instructions that allow a jury to convict without finding every element of the offense violate In Re Winship's requirement that "every fact necessary to constitute the crime" must …

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt)

Article • September 1, 1999 • from P&J September, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gatewood, No. 98-5138 (6th Cir.) (184 F.3d 550) (July 6, 1999) (Judge Gilbert S. Merritt) by This is a significant decision dealing with the constitutionality of one of Congress’s pet rocks - the “three strikes” statutes. The defendant in this case challenged his life sentence on the grounds …

U.S. v. Robertson, No. 94-251 (U.S. Supreme Court) (514 U.S. 669; 115 S.Ct. 1732) (May 1, 1995) (Per Curiam)

Article • August 25, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Robertson, No. 94-251 (U.S. Supreme Court) (514 U.S. 669; 115 S.Ct. 1732) (May 1, 1995) (Per Curiam) by Here the defendant was charged with various narcotics offenses, and with violating 1962(a) of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq. (1988 ed. and …

U.S. v. Sorensen, No. 97-50555 (9th Cir.) (179 F.3d 823) (June 8, 1999) (Judge Diarmuid F. O'Scannlain)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Sorensen, No. 97-50555 (9th Cir.) (179 F.3d 823) (June 8, 1999) (Judge Diarmuid F. O'Scannlain) by The Court stated: "In reaching this conclusion, we are persuaded by the Fifth Circuit's recent decision in United States v. Jobe. See 101 F.3d 1046 (5th Cir. 1996). Stanley Jobe was found …

U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin) by The Court stated: "A motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 may be granted 'if the interests of justice so require.' Fed.R.Crim.P. 33. Whether …

U.S. v. Kyle, No. Crim.A. SA-98-CR-475 (W.D.Tex.) (49 F.Supp.2d 526) (January 22, 1999) (Judge Orlando L. Garcia)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kyle, No. Crim.A. SA-98-CR-475 (W.D.Tex.) (49 F.Supp.2d 526) (January 22, 1999) (Judge Orlando L. Garcia) by The Court noted that "[w]hile neither of the possessory crimes with which Defendant is charged on their face meet the definition of "crime of violence" contained in see 18 U.S.C. § 16, …

Crawford-El v. Britton, No. 96-827 (U.S. Supreme Court) (523 U.S. 574; 118 S.Ct. 1584) (May 4, 1998) (Justice Stevens)

Article • July 10, 1999

Filed under: Punch And Jurists, Burden of Proof

Crawford-El v. Britton, No. 96-827 (U.S. Supreme Court) (523 U.S. 574; 118 S.Ct. 1584) (May 4, 1998) (Justice Stevens) by The question addressed by the Court in this case was whether, at least in cases brought by prisoners, the plaintiff must adduce clear and convincing evidence of improper motive in …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by In U.S. v. Restrepo, 946 F.2d 654, 659 (9th Cir. 1991) (en banc), the Ninth Circuit suggested that "there may be an exception to the general rule that the preponderance standard satisfies …

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl) by The Court held: "In "rare situations", a defendant may elect to exercise his right to trial and still be eligible for a reduction under U.S.S.G. § 3E1.1. See Application Note 2. These …