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U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. McKenzie, No. 95-3252 (7th Cir.) (99 F.3d 813) (October 17, 1996) (Judge Daniel A. Manion) by Although the defendant lost this appeal, he raised some of the most creative arguments we have seen challenging the constitutionality of 18 U.S.C. § 922(g)(1). That statute prohibits any person who has …

U.S. v. Herron, No. 95-3878 (8th Cir.) (97 F.3d 234) (October 1, 1996) (Judge Gerald W. Heaney)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Herron, No. 95-3878 (8th Cir.) (97 F.3d 234) (October 1, 1996) (Judge Gerald W. Heaney) by It has become standard practice in virtually every drug case to add the charge of money laundering, not only because it adds one more salacious charge which the prosecutor can use to …

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Atcheson, No. 95-30296 (9th Cir.) (94 F.3d 1237) (August 30, 1996) (Judge Arthur L. Alarcon) by Analyzing U.S. v. Lopez, 514 U.S. 549 (1995), the Court held that it did not change the Ninth Circuit rule that the Government need only prove a de minimis effect on interstate …

U.S. v. Garcia, No. 95-1587, No. 1729 (2nd Cir.) (94 F.3d 57) (August 26, 1996) (Judge John M. Jr. Walker)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Garcia, No. 95-1587, No. 1729 (2nd Cir.) (94 F.3d 57) (August 26, 1996) (Judge John M. Jr. Walker) by Case held that finding of mental disease or defect required for insanity defense could not be based on defendant's alcohol consupmtion or drug consumption.

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Clements, No. 94-5224 (6th Cir.) (86 F.3d 599) (June 17, 1996) (Judge Cornelia G. Kennedy) by The defendant in this case was convicted of both a drug crime and a gun charge under 18 U.S.C. § 924(c); but the gun conviction was subsequently vacated based on the Bailey …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Threats

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by Here the Court held that the admission of both gang membership evidence and evidence of threats, even if erroneous, did not warrant relief because any error was harmless.

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Lang, No. 95-3260 (10th Cir.) (81 F.3d 955) (April 12, 1996) (Judge John C. Porfilio) by One of the issues raised in this case was a claim by two defendants that, following their successful appeal of a gun charge under the Bailey ruling, the district court was precluded …

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Kirk, No. 94-50472 (5th Cir.) (70 F.3d 791) (November 7, 1995) (Judge Robert M. Parker) by The most significant aspect of this decision is the strong dissent by Judge Edith H. Jones in which she states that there is "no meaningful distinction between [18 U.S.C.] Section 922(q) and …

U.S. v. Davis, No. Crim A. No. 94-381 (E.D.La.) (904 F.Supp. 564) (November 3, 1995) (Judge Helen G. Berrigan)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Protective Orders

U.S. v. Davis, No. Crim A. No. 94-381 (E.D.La.) (904 F.Supp. 564) (November 3, 1995) (Judge Helen G. Berrigan) by This is one of two related cases that deal with a capital case in New Orleans that involved widely publicized alleged police corruption. In this case, the issue focused on …

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock)

Article • November 1, 1995

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Bolton, No. 95-3009 (10th Cir.) (68 F.3d 396) (October 17, 1995) (Judge Bobby R. Baldock) by Here the Court held: "In order to establish the requisite de minimis effect on commerce, the government need only produce evidence establishing that the assets of a business engaged in interstate commerce …

U.S. v. Sahhar, No. 94-50186 (9th Cir.) (56 F.3d 1026) (May 26, 1995) (Judge Mary M. Schroeder)

Article • July 1, 1995

Filed under: Punch And Jurists, Commitment

U.S. v. Sahhar, No. 94-50186 (9th Cir.) (56 F.3d 1026) (May 26, 1995) (Judge Mary M. Schroeder) by Case rejected a broad range of challenges to 18 USC § 4246 and held that indefinite commitment of defendant was justified by continued governmment interests in treating detainee's mental illness and protecting …

U.S. v. Sanders, No. 93-10780 (9th Cir.) (41 F.3d 480) (November 23, 1994) (Judge Alfred T. Goodwin)

Article • January 1, 1994

Filed under: Punch And Jurists, Threats

U.S. v. Sanders, No. 93-10780 (9th Cir.) (41 F.3d 480) (November 23, 1994) (Judge Alfred T. Goodwin) by Although this case dealt with the standards for using the "single instance evidencing little or no deliberation" provisions of USSG § 2A6.1(b)(2), it is noted for Judge Reinhardt's dissent in which he …

U.S. v. Roberts, No. 89-0033(HHG) (D.D.C.) (726 F.Supp. 1359) (November 16, 1989) (Judge Harold H. Greene)

Article • January 1, 1994

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Roberts, No. 89-0033(HHG) (D.D.C.) (726 F.Supp. 1359) (November 16, 1989) (Judge Harold H. Greene) by "In the area of drug offenses, if an individual is arrested in possession of what may be termed a medium amount of cocaine base (crack), say, about two ounces (56 grams), the prosecutor …