Search | Punch and Jurists

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 …

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman) by Here Judge Adelman rejected the automatic increase of sentences by blindly using the principles of relevant conduct, stating that sentencing determinations must be based on evidence and reasoned analysis, not mere arbitrary pronouncements. …

Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun)

Article • December 27, 1998

Filed under: Punch And Jurists, Burden of Proof

Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun) by The Court held that "the word 'participate' makes clear that RICO liability is not limited to those with primary responsibility for the enterprise's affairs, just as the phrase …

U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake) by Here the Fifth Circuit joined the holdings of the Second, Seventh and Eleventh Circuits in holding that the Reves' management and control test does not apply to a RICO conspiracy, conclusing …

U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings) by Here the court addressed the statutory language that the defendant must provide "the government" with a truthful version of the events "not later than the time of the sentencing hearing." Essentially it …

U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner) by In this case, the inimitable Judge Lechner (we don't remember ever seeing a single decision of his in favor of a criminal defendant) reaffirmed, on remand, an enhancement for obstruction …

U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay) by Case held that the burden of proof is on the defendant to show inability to pay a fine.

U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz) by Case held that when the Government seeks to try a juvenile as an adult it need only show a substantial federal interest.

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone) by Case examined, and purported to answer, the question of who has the burden of proof about a defendant's intent and ability to produce or deliver drugs when the defendant claims he lacked …

U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley) by Case held that there is no Fifth Amendment violation if the sought information adds a minor or negligible amount to the Government's intelligence.

U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox) by Case reversed a drug and gun conviction of a passenger in a car on the grounds that there was no evidence that the passenger ever had ownership, dominion or control over the …