Search | Punch and Jurists

U.S. v. Perkins, No. 88-5237 (9th Cir.) (937 F.2d 1397) (July 1, 1991) (Judge Pamela Ann Rymer)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Perkins, No. 88-5237 (9th Cir.) (937 F.2d 1397) (July 1, 1991) (Judge Pamela Ann Rymer) by Case held that evidence of a prior conviction was not admissible as identity evidence because it was "not sufficiently distinctive to warrant an inference that the person who committed the crime also …

Gisbert v. U.S. Attorney General, No. 91-4477 (5th Cir.) (988 F.2d 1437) (April 28, 1993) (Judge Will L. Garwood)

Article • January 1, 1994

Filed under: Punch And Jurists, Detention - Generally

Gisbert v. U.S. Attorney General, No. 91-4477 (5th Cir.) (988 F.2d 1437) (April 28, 1993) (Judge Will L. Garwood) by This case dealt with the detention of a group of Cubans who were part of the Mariel boatlift. After detaining these aliens prior to entry--thus ensuring that they were excludable …

U.S. v. $191,910.00 in U.S. Currency, No. 92-15583 (9th Cir.) (16 F.3d 1051) (February 18, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. $191,910.00 in U.S. Currency, No. 92-15583 (9th Cir.) (16 F.3d 1051) (February 18, 1994) (Judge Stephen Reinhardt) by "After the district court granted his motion to suppress, Morgan moved for summary judgment on the ground that the government had failed to show probable cause for the institution of …

U.S. v. Paccione, No. 90-1587, No. 1569 (2nd Cir.) (949 F.2d 1183) (November 15, 1991) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Paccione, No. 90-1587, No. 1569 (2nd Cir.) (949 F.2d 1183) (November 15, 1991) (Judge Amalya Lyle Kearse) by Here the court held that, in general, a district court should not order the empaneling of an anonymous jury without "(a) concluding that there is a strong reason to believe …

U.S. v. Montague, No. 93-1676 (7th Cir.) (29 F.3d 317) (July 12, 1994) (Judge Hubert L. Will)

Article • January 1, 1994

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Montague, No. 93-1676 (7th Cir.) (29 F.3d 317) (July 12, 1994) (Judge Hubert L. Will) by Here, although the court affirmed the conviction and sentence of the defendant - who was a convicted of prostitution - it noted with some concern that "This is a classic example of …

U.S. v. Gaev, No. 93-1643 (3rd Cir.) (24 F.3d 473) (April 29, 1994) (Judge Anthony J. Scirica)

Article • January 1, 1994

Filed under: Punch And Jurists, Confessions - Admissibility

U.S. v. Gaev, No. 93-1643 (3rd Cir.) (24 F.3d 473) (April 29, 1994) (Judge Anthony J. Scirica) by Here, listing examples, the Court held that while a guilty plea cannot be used to establish a co-conspirator's guilt, it can be introduced for some valid purposes. Citing U.S. v. Gambino, 926 …

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis)

Article • January 1, 1994

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

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis) by Here the Court held that the failure of the defendant to raise on a timely basis the anti-alienation provisions of ERISA as a bar to court's order to relinquish a pension fund …

U.S. v. Wilson, No. 94-1148 (7th Cir.) (31 F.3d 510) (August 2, 1994) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Wilson, No. 94-1148 (7th Cir.) (31 F.3d 510) (August 2, 1994) (Judge John L. Coffey) by Here the Court held that "Under Federal Rule of Evidence 404(b), evidence of other misconduct is not admissible to show that the defendant acted in conformity therewith, but may be admissible for …

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the district court sentenced the defendant, who had incurred numerous convictions for threatening presidents and a prosecutor while suffering from mental illness, to imprisonment for 51 months as a …

U.S. v. Kahn, No. 91-1626 (6th Cir.) (969 F.2d 1626) (July 14, 1992) (Judge Gilbert S. Merritt)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Kahn, No. 91-1626 (6th Cir.) (969 F.2d 1626) (July 14, 1992) (Judge Gilbert S. Merritt) by Case held that offense level for fraud offense under § 2F1.1 may not be increased, based on estimate of victim's loss if fraud had not been discovered, where defendant's ineligibility for benefits …

U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed)

Article • January 1, 1994

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed) by

U.S. v. Gaind, No. 91 Cr 859 (VLB) (S.D.N.Y.) (829 F.Supp. 669) (September 13, 1993) (Judge Vincent L. Broderick)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Gaind, No. 91 Cr 859 (VLB) (S.D.N.Y.) (829 F.Supp. 669) (September 13, 1993) (Judge Vincent L. Broderick) by The defendant in this case was convicted of making false statements in connection with contracts that he had, through his business, obtained with the EPA. The defendant's business was effectively …

U.S. v. Hooper, No. 90-1584, No. 1168 (2nd Cir.) (935 F.2d 484) (June 5, 1991) (Judge William Homer Timbers)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Hooper, No. 90-1584, No. 1168 (2nd Cir.) (935 F.2d 484) (June 5, 1991) (Judge William Homer Timbers) by Case is noted for Judge Pratt's dissent in which he called the drug dealer profile "laughable" because it is so fluid that it can be used to justify designating anyone …

U.S. v. Boyd, No. 95-1050 (7th Cir.) (55 F.3d 239) (May 10, 1995) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Boyd, No. 95-1050 (7th Cir.) (55 F.3d 239) (May 10, 1995) (Judge Richard A. Posner) by In this case the Seventh Circuit specifically disavowed the existence of a claim of outrageous government conduct in violation of the Due Process Clause based on the Government's use of a contingent …

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Diamond, No. 91-5143 (10th Cir.) (969 F.2d 5143) (July 20, 1992) (Judge Wade Brorby) by Here the court held that although court may require defendant to make restitution under Victim and Witness Protection Act within specified period or in specified installments, duration of such period or last such …

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott) by This is an important case dealing with the problems of paid-informant testimony.

U.S. v. Good, No. 92-5773 (4th Cir.) (25 F.3d 218) (May 27, 1994) (Judge Leonie M. Brinkema)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Good, No. 92-5773 (4th Cir.) (25 F.3d 218) (May 27, 1994) (Judge Leonie M. Brinkema) by The government indicted defendant for conspiracy to possess with intent to distribute cocaine and marijuana in violation of 21 U.S.C.S. §§ 846, 841(a)(1). He pled guilty to conspiracy to possess three kilograms …

Mason v. Scully, No. 93-2632, No. 963 (2nd Cir.) (16 F.3d 38) (February 7, 1994) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Bruton Error

Mason v. Scully, No. 93-2632, No. 963 (2nd Cir.) (16 F.3d 38) (February 7, 1994) (Judge Amalya Lyle Kearse) by In this case the petitioner prisoner was convicted of robbing a jewelry store. At trial, petitioner's attorney made no objections to respondent state's summation and to certain testimony being read …

U.S. v. Mosquera, No. CR 92-1228(JBW) (E.D.N.Y.) (816 F.Supp. 168) (March 16, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Right to be Present

U.S. v. Mosquera, No. CR 92-1228(JBW) (E.D.N.Y.) (816 F.Supp. 168) (March 16, 1993) (Judge Jack B. Weinstein) by Here the Court held that a "meaningfull" presence at trial assumes that the defendant will be informed about the proceedings in a manner that permits him to assist in his own defense …

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill) by Brilliant, thought provoking decision by Judge Cahill in which he concludes that the crack/cocaine sentencing disparity unconstitutionally discriminates against blacks who are subjected to a policy of unconscious racism. "[T]he historical precedent …