Search | Punch and Jurists

U.S. v. Butler, No. 98-5552 (6th Cir.) (207 F.3d 839) (March 29, 2000) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Butler, No. 98-5552 (6th Cir.) (207 F.3d 839) (March 29, 2000) (Judge Eric L. Clay) by This consolidated appeal involved two different bank robberies (both of which involved a common defendant, Courtney Butler) and two different issues - both relating to the use of the two level enhancement …

U.S. v. Humphrey, No. 98-8001 (10th Cir.) (208 F.3d 1190) (April 4, 2000) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Humphrey, No. 98-8001 (10th Cir.) (208 F.3d 1190) (April 4, 2000) (Judge William J. Jr. Holloway) by In this case, the district court applied the enhancement for using a minor to commit a crime, pursuant to U.S.S.G. § 3B1.4, stating: "[T]he evidence is clear to the Court that …

U.S. v. Morris, No. 99-1956 (7th Cir.) (204 F.3d 776) (February 22, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Morris, No. 99-1956 (7th Cir.) (204 F.3d 776) (February 22, 2000) (Judge Frank H. Easterbrook) by In this case, the district court decided at sentencing that a five-level increase in the defendant's sentence for engaging in sexual conduct with a minor was appropriate - despite the fact that …

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby) by Here the Court held that the defendant was properly convicted of using or possessing a firearm in connection with a drug crime under 18 USC § 924(c) even though his actual use in …

Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam)

Article • March 27, 2000

Filed under: Punch And Jurists, Notice - Adequacy of

Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam) by In this case, the Court addressed the question whether a notice of forfeiture, mailed to a prisoner's home address by the government entity in whose custody the prisoner was held, …

Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Notice - Adequacy of

Lopez v. U.S., No. 98-5082 (D.C. Cir.) (201 F.3d 478) (January 18, 2000) (Judge Douglas Ginsburg) by This is one of those forfeiture cases in which it is hard to believe that the Government could even argue with a straight face its position that the defendant had received adequate notice …

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King) by Here the Fourth Circuit held that where a handgun had at least the "potential" of attracting the defendant into making a sale of drugs, a jury could properly conclude that the drug …

U.S. v. Roberts, No. 99-40351 (5th Cir.) (203 F.3d 867) (February 11, 2000) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Roberts, No. 99-40351 (5th Cir.) (203 F.3d 867) (February 11, 2000) (Judge Fortunato P. Benavides) by In this case the Court held that it was proper to impose a seven-level enhancement on a defendant under U.S.S.G. § 2B3.1(b)(2)(A) for the discharge of a gun during a robbery, even …

U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter) by Here the Court held that when the DEA gives notice of an administrative forfeiture to a defendant who is in prison, it must send that notice directly to his place of incarceration; …

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Guidry, No. 98-3287 (10th Cir.) (199 F.3d 1150) (December 21, 1999) (Judge Wade Brorby) by The defendant in this case was convicted of three counts of knowingly filing a false tax return, in violation of 26 U.S.C. § 7206(1), arising out of her embezzlement of funds from her …

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella) by Here the Court affirmed the denial of a minimal role-in-the-offense sentence adjustment to three seamen who were transporting cocaine since they were not convicted of conspiracy, but possession, which made their knowledge …

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Anderson, No. 98-3285 (11th Cir.) (200 F.3d 1344) (January 18, 2000) (Per Curiam) by Here, in a case of first impression, the Court held that a defendant's conviction under the schoolyard statute (21 USC § 860) rendered him ineligible to receive a sentencing adjustment under the safety-valve provisions …

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed) by Here, one of those almost certain to be appealed cases from the Ninth Circuit, the Court held that a defendant did not “use” a firearm in connection with a drug crime because …

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen) by Here the Court held that the district court had impermissibly "double counted" by relying on the same conduct (defendant's use of his car as a dangerous weaon) in determining that he committed …

U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder) by Here court vacated a sentencing enhancement under USSG § 2K2.1(b)(5) on the grounds that it constituted impermissible double counting since a firearm possession under 18 USC § 922(g) is an "underlying offense" …

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza) by In affirming a four-level enhancement under the "fencing enhancement" provisions of U.S.S.G. § 2B1.1(b)(4)(B), the Court stated that such an enhancement "is intended as a 'punishment for fences, people who buy and …

U.S. v. Rivera, No. 98-1651(L) (2nd Cir.) (196 F.3d 144) (November 22, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Rivera, No. 98-1651(L) (2nd Cir.) (196 F.3d 144) (November 22, 1999) (Judge John M. Jr. Walker) by Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That provision …

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam) by In this case the defendant appealed, arguing that the district court erred in applying the § 2K2.2(b)(5) enhancement because he did not commit another felony offense and there was insufficient evidence that he intended …

U.S. v. Rivera (Walden), No. 98-1651(L) (2nd Cir.) (201 F.3d 99) (November 22, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Rivera (Walden), No. 98-1651(L) (2nd Cir.) (201 F.3d 99) (November 22, 1999) (Judge John M. Jr. Walker) by Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That …

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Burridge, No. 98-4077 (10th Cir.) (191 F.3d 1297) (September 14, 1999) (Judge Carlos Lucero) by In this case, the defendant Appellant Burridge served as a "like kind accomodator", a position that exists to facilitate transactions under I.R.C. § 1031, which provides for "nonrecognition of gain or loss from …