Search | Punch and Jurists

U.S. v. Smith, No. 93-5426 (4th Cir.) (47 F.3d 681) (March 3, 1995) (Judge Sam J. III Ervin)

Article • January 1, 1995

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Smith, No. 93-5426 (4th Cir.) (47 F.3d 681) (March 3, 1995) (Judge Sam J. III Ervin) by Departing from rulings in the Third and Tenth Circuits, a majority of this panel from the Fourth Circuit held that 29 USC §1056(d)(1) prohibits ERISA pension funds from being alienated to …

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum) by In rendering its decision, the Court warned that "at some point a court's estimation will seem less like a restrained approximation and more like unsupported evidence." (Id., at 1152). Here the Court …

U.S. v. Plescia, No. 92-1222 (7th Cir.) (48 F.3d 1452) (March 8, 1995) (Judge Albert J. Engel)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. Plescia, No. 92-1222 (7th Cir.) (48 F.3d 1452) (March 8, 1995) (Judge Albert J. Engel) by In this case, the Court appeared to adopt Justice Scalia's concurring view in Austin v. U.S., 509 U.S. 602, 628 (1993) that in a civil forfeiture proceeding the only inquiry should be …

U.S. v. Posado, No. 94-20285 (5th Cir.) (57 F.3d 428) (June 20, 1995) (Judge Harold R. Jr. DeMoss)

Article • January 1, 1995

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Posado, No. 94-20285 (5th Cir.) (57 F.3d 428) (June 20, 1995) (Judge Harold R. Jr. DeMoss) by This significant case overrules the long standing precedent in the Fifth Circuit that polygraph evidence is per se inadmissible for any purpose. The lower court had refused to allow the defendants …

U.S. v. Abdullah, No. Crim. No. JFM-94-0422 (D.Md.) (903 F.Supp. 913) (November 3, 1995) (Judge Herbert N. Maletz)

Article • January 1, 1995

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Abdullah, No. Crim. No. JFM-94-0422 (D.Md.) (903 F.Supp. 913) (November 3, 1995) (Judge Herbert N. Maletz) by On December 12, 1995, the U.S. Sentencing Commission announced that it will not propose any Guideline Amendments for 1996 in order the facilitate the Commission's completion of a comprehensive review of …

U.S. v. Naugle, No. CR 92-815 (E.D.N.Y.) (879 F.Supp. 262) (March 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Naugle, No. CR 92-815 (E.D.N.Y.) (879 F.Supp. 262) (March 17, 1995) (Judge Jack B. Weinstein) by While this case theoretically involves the propriety of a downward departure under § 5H1.6 of the Guidelines (special family needs), it really is just another saga in the continuing battle between Judge …

U.S. v. Goines, No. 94-5261 (4th Cir.) (51 F.3d 400) (April 5, 1995) (Judge Sam J. III Ervin)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. Goines, No. 94-5261 (4th Cir.) (51 F.3d 400) (April 5, 1995) (Judge Sam J. III Ervin) by Here the Court vacated a conviction because the district court failed to advise the defendant that his plea would result in a mandatory minimum sentence, even though the Presentence Report referred …

U.S. v. Spinelle, No. 93-2481 (6th Cir.) (41 F.3d 1056) (December 7, 1994) (Judge Nathaniel R. Jones)

Article • January 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Spinelle, No. 93-2481 (6th Cir.) (41 F.3d 1056) (December 7, 1994) (Judge Nathaniel R. Jones) by Case held that statute mandating the imposition of a thre-year term of supervised release did not deprive the court of its discretionary authority under 18 U.S.C. § 3583(e)(1) to terminate the supervised …

U.S. v. Duke, No. 93-3711 (8th Cir.) (50 F.3d 571) (March 20, 1995) (Judge Theodore McMillian)

Article • January 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Duke, No. 93-3711 (8th Cir.) (50 F.3d 571) (March 20, 1995) (Judge Theodore McMillian) by Here the Court held that the perjured testimony of notorious DEA agent Andrew Chambers was not enough to grant a new trial because it was not reasonably likely to have affected the jury's …

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker) by This case discusses the jaundiced meaning of what constitutes an "intelligent" guilty plea. The law has long held that for a plea to be intelligently made, the defendant must be aware of …

U.S. v. Crumby, No. CR 04-122-PHX-RGS (D.Ariz.) (895 F.Supp. 1354) (July 7, 1995) (Judge Roger G. Strand)

Article • January 1, 1995

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Crumby, No. CR 04-122-PHX-RGS (D.Ariz.) (895 F.Supp. 1354) (July 7, 1995) (Judge Roger G. Strand) by This case is noted because, after a detailed analysis of the new standards laid down by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, 125 L.Ed.2d 469 (1993), the court ultimately …

U.S. v. Cabell, No. 94-236 (CRR) (D.D.C.) (890 F.Supp. 13) (June 16, 1995) (Judge Charles R. Richey)

Article • January 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Cabell, No. 94-236 (CRR) (D.D.C.) (890 F.Supp. 13) (June 16, 1995) (Judge Charles R. Richey) by This is a multi-issue Guideline case where Judge Richey holds, inter alia, that the defendant met the "safety valve" provisions of § 5C1.2 of the Guidelines. Here the Government argued that he …

Orantes-Hernandez v. Meese, No. CV 82-1007-KN (C.D.Cal.) (685 F.Supp. 1488) (April 29, 1988) (Judge David V. Kenyon)

Article • December 1, 1994

Filed under: Punch And Jurists, Detention - Generally

Orantes-Hernandez v. Meese, No. CV 82-1007-KN (C.D.Cal.) (685 F.Supp. 1488) (April 29, 1988) (Judge David V. Kenyon) by

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed)

Article • December 1, 1994

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed) by In this case, the district judge failed to mention the possibility of a term of supervised release when accepting the plea. On appeal, the Court held: "Rule 11 still mandates that the …

U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner)

Article • October 1, 1994 • from P&J October, 1999

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

U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner) by This is a significant decision that deals with the history, purposes and interpretation of U.S.S.G. § 2D1.1(b)(1), a provision that establishes a two-level sentencing enhancement if a dangerous weapon was “possessed” in connection …

U.S. v. Ekwunoh, No. CR 91-684 (JBW) (E.D.N.Y.) (888 F.Supp. 369) (December 9, 1994) (Judge Jack B. Weinstein)

Article • August 1, 1994

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ekwunoh, No. CR 91-684 (JBW) (E.D.N.Y.) (888 F.Supp. 369) (December 9, 1994) (Judge Jack B. Weinstein) by United States v. Ekwunoh, 888 F.Supp. 364 (E.D.N.Y. 1994) United States v. Ekwunoh, 888 F.Supp. 369 (E.D.N.Y. 1994) These two related decisions are updates of the long-running feud between Senior District …

Ayeni v. CBS Inc., No. CV 93-0957 (E.D.N.Y.) (848 F.Supp. 362) (April 9, 1994) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Perp Walks/Ride-Alongs

Ayeni v. CBS Inc., No. CV 93-0957 (E.D.N.Y.) (848 F.Supp. 362) (April 9, 1994) (Judge Jack B. Weinstein) by In this case six agents, based on information supplied by the ever-reliable "confidential informant", arrived at Mrs. Tawa Ayeni's three bedroom residence on March 5, 1992. The court painstakingly noted that …

U.S. v. Haddock, No. 93-3034 (10th Cir.) (12 F.3d 950) (December 13, 1993) (Judge Stephen H. Anderson)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Haddock, No. 93-3034 (10th Cir.) (12 F.3d 950) (December 13, 1993) (Judge Stephen H. Anderson) by The Court held that the sentencing enhancements under U.S.S.G. § 2F1.1 are "only for loss to the victims, not for gain to the defendants. The defendant's gain may be used only as …

Xiao v. Reno, No. C-90-0350 (N.D.Cal.) (837 F.Supp. 1506) (October 6, 1993) (Judge William H. Jr. Orrick)

Article • January 1, 1994

Filed under: Punch And Jurists, Prison Conditions

Xiao v. Reno, No. C-90-0350 (N.D.Cal.) (837 F.Supp. 1506) (October 6, 1993) (Judge William H. Jr. Orrick) by "There are credible reports that public security personnel sometimes use harsh treatment at the time of detention. . . . Although Chinese law details a series of procedures to be observed in …

U.S. v. Harris, No. 92-5603 (4th Cir.) (995 F.2d 532) (June 14, 1993) (Judge James Marshall Sprouse)

Article • January 1, 1994

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Harris, No. 92-5603 (4th Cir.) (995 F.2d 532) (June 14, 1993) (Judge James Marshall Sprouse) by Here the Court affirmed the district court's ruling excluding the proffered testimony of defendant's expert witness concerning psychological limitations on eyewitness identification on the grounds that such testimony was not inherently reliable. …