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Article • November 1, 1996 • from P&J November, 1996
U.S. v. Stoner, No. 94-6377 (10th Cir.) (98 F.3d 527) (October 11, 1996) (Judge Robert H. Henry) by This is a rather astonishing case that shows the willingness, if not the eagerness, of the courts to sustain indictments that are defective on their face. We start, as did the Tenth …
Article • September 1, 1996 • from P&J September, 1996
U.S. v. Meadows, No. 95-3629 (7th Cir.) (91 F.3d 851) (July 26, 1996) (Judge Daniel A. Manion) by Court held that the Government failed to present any evidence regarding the essential elements of the crime of posessing an unregistered firearm and a firearm with a barrel of less than 16 …
Article • September 1, 1996 • from P&J September, 1996
U.S. v. Neal, No. 94-6002 (6th Cir.) (93 F.3d 219) (August 9, 1996) (Judge Richard F. Suhrheinrich) by United States v. Neal, 93 F.3d 219 (6th Cir. 1996) (Judge Suhrheinrich) Tamayo v. U.S. Dept. of Justice, 932 F.Supp. 342 (D.D.C. 1996) (Judge Harris) Granse v. United States, 932 F.Supp. 1162 …
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Reed, No. 95-10076-01 (D.Kan.) (924 F.Supp. 1052) (April 12, 1996) (Judge John Thomas Marten) by The defendant was indicted on six counts of possession of firearms or ammunition by an unlawful user of marijuana in violation of 18 U.S.C. § 922(g)(3). That statute makes it unlawful for any …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Wong, No. 95-1071(L), No. 323 (2nd Cir.) (78 F.3d 73) (March 13, 1996) (Judge Dennis G. Jacobs) by This case is a good example of how difficult it is to get a new trial based on newly discovered evidence under Rule 33 of the Fed.R.Crim.P. The issue involved …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Wong, No. 95-1071(L), No. 323 (2nd Cir.) (78 F.3d 73) (March 13, 1996) (Judge Dennis G. Jacobs) by
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Schramm, No. 94-3619 (3rd Cir.) (75 F.3d 156) (January 30, 1996) (Judge Timothy K. Lewis) by Rare case in which a conspiracy conviction was reversed as not supported by the evidence. This is one of those notable but rare cases in which a conspiracy conviction is reversed because …
Article • April 1, 1995
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 …
Article • January 1, 1995
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 …
Article • January 1, 1994
U.S. v. Garcia-Emanuel, No. 91-5131 (10th Cir.) (14 F.3d 1469) (January 25, 1994) (Judge Monroe G. McKay) by In this case the Court held that there was insufficient evidence to convict the defendant for certain of the charged crrimes under 18 USC § 1956(a)(1)(B)(I), emphasizing that the evidence of concealment …
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