Search | Punch and Jurists

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King) by Although the holding in this case may be somewhat limited by virtue of the fact-specific set of circumstances on which it is based, it is noted because of its strong denunciation of …

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King) by Although the holding in this case may be somewhat limited by virtue of the fact-specific set of circumstances on which it is based, it is noted because of its strong denunciation of …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Meyer, No. 96-4230 (7th Cir.) (157 F.3d 1067) (September 10, 1998) (Judge Harlington Jr. Wood) by Citing U.S. v. Thomas, 150 F.3d 743, 746 (7th Cir. 1998), the court held, inter alia, that a buyer-seller instruction "reminds juries that distribution of drugs is not itself conspiracy, although a …

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Spinner, No. 97-3061 (D.C. Cir.) (152 F.3d 950) (July 28, 1998) (Judge David B. Sentelle) by This case deals with another aspect of the Federal Gun Control laws - namely the prohibitions against the possession of firearms by "ex-felons" (a term which we submit is an oxymoron) who …

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Meyer, No. 96-4230 (7th Cir.) (149 F.3d 535) (June 23, 1998) (Judge Harlington Jr. Wood) by Court held that the district court erred in failing to give a requested buyer-seller instruction to the jury in the case of one defendant which required reversal of his conviction. Here the …

U.S. v. Thomas, No. 97-1738 (7th Cir.) (150 F.3d 743) (July 23, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Thomas, No. 97-1738 (7th Cir.) (150 F.3d 743) (July 23, 1998) (Per Curiam) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called "buyer-seller rule", …

U.S. v. Flores, No. 96-1152 (10th Cir.) (149 F.3d 1272) (August 4, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Flores, No. 96-1152 (10th Cir.) (149 F.3d 1272) (August 4, 1998) (Judge David M. Ebel) by United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (Judge Ebel) United States v. Thomas, 150 F.3d 743 (7th Cir. 1998) (Per Curiam) Both of these cases deal with the so-called …

U.S. v. Bornfield, No. 97-2169 (10th Cir.) (145 F.3d 1123) (May 13, 1998) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Nexus between crime and property

U.S. v. Bornfield, No. 97-2169 (10th Cir.) (145 F.3d 1123) (May 13, 1998) (Judge James E. Barrett) by Court vacated special verdict and forfeiture order because finding that funds in defendant's bank account were "involved in" or "traceable to" money laundering offense was clearly erroneous.

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by In this case the defendant pled guilty to being a felon in possesion of a gun, arising out of conduct on an Interstate highway where, while driving under the influence of liquor, …

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne) by Case held that for uncontroverted matters set forth in the Presentence Report, the district court need not make any independent findings of fact and may rely on the conclusions and findings in …

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Relying on the defendant's status as a "prohibited person" under 18 USC § 922(g)(3), the court rejected the defendant's claim that some of the firearms found in his home were legally possessed …

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $40,000 in U.S. Currency, No. Civ. No. 97-1911(SEC) (D.Puerto Rico) (999 F.Supp. 234) (March 11, 1998) (Judge Salvador E. Casellas) by

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Arrest of Judgment

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure) by Court held that in deciding a Rule 34 motion, "a court may not look beyond the face of the 'record' which consists of 'no more than the indictment, the …

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Court vacated a conviction under 8 USC § 1324(a)(2) due to a lack of evidence that defendant's actions were "in furtherance of" a violation of the law.

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden) by While the brief decision in this case is neither lengthy nor precedent-setting, it does address a frequently raised issue: When is a defendant entitled to review the presentence reports of co-defendants …

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. CR 96-174-MV (D.N.M.) (991 F.Supp. 1289) (December 31, 1996) (Judge Martha Vazquez) by Maybe the reason that it took this decision more than a year and a half to get published was that everyone (except Judge Vazquez) was somewhat embarrassed about the prosecution of this case. …

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Barajas-Chavez, No. 97-2033 (10th Cir.) (134 F.3d 1444) (January 28, 1998) (Judge John C. Porfilio) by For a more detailed discussion of the facts of this case, see summary of lower court decision reported at 991 F.Supp. 1289 (D.N.M. 1996). Court affirmed vacation of a conviction under 8 …

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Lack, No. 97-1467 (7th Cir.) (129 F.3d 403) (November 4, 1997) (Judge Kenneth F. Ripple) by In this case, the defendant engaged in a scheme to defraud his employer, Dairyland Power Cooperative. The defendant's job was to sell the company's used equipment. He would obtain checks from purchasers …

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter) by Here the Government presented no direct evidence that the defendant cased any mailings - relying instead solely on circumstantial evidence. While the Court agreed that sometimes circumstantial evidence will suffice, nevertheless …

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker) by Court held that while "proximity" and "accessibility" are not proper considerations for the "use" prong of Sec. 924(c), they can help to support a conviction for "carrying" a firearm …