Search | Punch and Jurists

U.S. v. Parker, No. 93-2006 (7th Cir.) (25 F.3d 442) (May 24, 1994) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Parker, No. 93-2006 (7th Cir.) (25 F.3d 442) (May 24, 1994) (Judge John L. Coffey) by "On appeal, Parker does not deny that he testified falsely at his plea hearing, but insists that this false testimony did not amount to obstruction of justice because (1) he did not …

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

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

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella) by Here the Court held that the "in connection with" language contained in USSG § 2K2.1(c)(2) should be construed broadly, but that there must exist a causal or logical relation or sequence between …

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella) by Here the district court concluded that the defendants' gambling activities fell outside the heartland of money laundering offenses. It reasoned that "that all LeBlanc and Weinstein are really guilty of is gambling, …

U.S. v. Cardona-Sandoval, No. 92-1385 (1st Cir.) (6 F.3d 15) (September 29, 1993) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Unlawful Entry/Conduct

U.S. v. Cardona-Sandoval, No. 92-1385 (1st Cir.) (6 F.3d 15) (September 29, 1993) (Judge Juan R. Torruella) by Judge Cry, dissenting, stated: "Although the stem-to-stern destructive search of the drydocked vessel exceeded whatever reasonable limits inhere in a safety and document inspection, I believe the defendant crew members failed to …

Handschu v. Special Services Division, No. 85-7480 (2nd Cir.) (787 F.2d 828) (April 19, 1986) (Judge Ellsworth A. Van Graafeiland)

Article • January 1, 1994

Filed under: Punch And Jurists, Consent Decrees - Generally

Handschu v. Special Services Division, No. 85-7480 (2nd Cir.) (787 F.2d 828) (April 19, 1986) (Judge Ellsworth A. Van Graafeiland) by The plaintiff-appellants class members of this civil rights lawsuit sought review of an order of the United States District Court for the Southern District of New York, which approved …

U.S. v. Bryan, No. 87-3059 (9th Cir.) (868 F.2d 1032) (January 18, 1989) (Judge J. Clifford Wallace)

Article • January 1, 1994

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Bryan, No. 87-3059 (9th Cir.) (868 F.2d 1032) (January 18, 1989) (Judge J. Clifford Wallace) by Here the prosecution argued that under Rule 16(a)(1)(C), it is obligated to provide documents only if they are in the actual possession of the prosecution. According to the prosecution, "in the possession …

U.S. v. Jannotti, No. 81-1020 (3rd Cir.) (673 F.2d 578) (February 11, 1982) (Judge Dolores K. Sloviter)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Jannotti, No. 81-1020 (3rd Cir.) (673 F.2d 578) (February 11, 1982) (Judge Dolores K. Sloviter) by "The religious and political refugees who came to this land at the turn of the century had much to fear from the old country's secret police, but one of the greatest abhorrences …

U.S. v. Stockdall, No. 93-4089 (8th Cir.) (45 F.3d 1257) (January 1, 1995) (Judge James B. Loken)

Article • January 1, 1994

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Stockdall, No. 93-4089 (8th Cir.) (45 F.3d 1257) (January 1, 1995) (Judge James B. Loken) by In this case the defendants pled guilty to a variety of offenses with mandatory minimum sentences. Their plea agreements required them to cooperate with the government and gave the government the discretion …

U.S. v. Sanchez, No. 91 CR 90 (JSM) (S.D.N.Y.) (813 F.Supp. 90) (February 10, 1993) (Judge John S. Jr. Martin)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Sanchez, No. 91 CR 90 (JSM) (S.D.N.Y.) (813 F.Supp. 90) (February 10, 1993) (Judge John S. Jr. Martin) by Judge Martin started his opinion with these strong words: "I can think of few things more threatening to the liberty of our citizens than to have a court system …

U.S. v. Staufer, No. 93-50173 (9th Cir.) (38 F.3d 1103) (October 26, 1994) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Staufer, No. 93-50173 (9th Cir.) (38 F.3d 1103) (October 26, 1994) (Judge Dorothy Wright Nelson) by In this case, the Ninth Circuit ruled that sentencing entrapment may be relied upon as a basis for a downward departure under the Guidelines. The Court noted that a Government agent can …

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney)

Article • January 1, 1994

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

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney) by In this case the Court found that the Government had stipulated that the firearm had no relationship to the drug crime; and it held that the that the burden of proving a …

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski)

Article • January 1, 1994

Filed under: Punch And Jurists, Tax Prosecutions

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski) by Despite finding that an IRS agent had defied a court order in using records that had been obtained in an unlawful search and seizure, the Court held that the …

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway) by Case held that the district court improperly applied the enhancement contained in USSG § 2K2.1(b)(4) holding that it applies only when the firearm had already been stolen prior to the defendant's …

U.S. v. Floresca, No. 92-5447 (4th Cir.) (38 F.3d 706) (October 27, 1994) (Judge Kenneth K. Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Constructive Amendment/Variances

U.S. v. Floresca, No. 92-5447 (4th Cir.) (38 F.3d 706) (October 27, 1994) (Judge Kenneth K. Hall) by Holding it would be "intolerably unfair" to deprive a defendant of the grand jury's protection, the Court ruled that Stirone v. U.S., 361 U.S. 212 (1960) demands reversal of a conviction when …

Zal v. Steppe, No. 91-55579 (9th Cir.) (968 F.2d 924) (July 1, 1992) (Judge Jerome Farris)

Article • January 1, 1994

Filed under: Punch And Jurists, Jury Nullification

Zal v. Steppe, No. 91-55579 (9th Cir.) (968 F.2d 924) (July 1, 1992) (Judge Jerome Farris) by See Judge Trott's concurring opinion regarding jury nullification and his statement that a defendant has no right to present evidence that is irrelevant to a legal defense. (Id., at 930-31). Case, involving an …

U.S. v. Enrique-Munoz, No. 89-10256 (9th Cir.) (906 F.2d 1356) (June 28, 1990) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Enrique-Munoz, No. 89-10256 (9th Cir.) (906 F.2d 1356) (June 28, 1990) (Judge Stephen Reinhardt) by Defendant appealed a judgment of the United States District Court for the District of Arizona, which imposed an enhanced two-year sentence after defendant pled guilty to one count of aiding and abetting in …

U.S. v. Alvarez-Machain, No. 90-50459 (9th Cir.) (946 F.2d 1466) (October 18, 1991) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Dismissal

U.S. v. Alvarez-Machain, No. 90-50459 (9th Cir.) (946 F.2d 1466) (October 18, 1991) (Per Curiam) by The government challenged the judgment of the District Court for the Central District of California, which dismissed its indictment and determined that defendant, who was a Mexican national, was forcibly seized and brought to …

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Jury Instructions, Punch And Jurists

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook) by Here the Court affirmed the death penalty for a serial killer despite flawed jury instructions, after commenting that there are no perfect jury instructions and noting that even "simplified" charges would leave …

Scanio v. U.S., No. 94-2002, No. 1733 (2nd Cir.) (37 F.3d 858) (October 11, 1994) (Judge Frank X. Altimari)

Article • January 1, 1994

Filed under: Punch And Jurists

Scanio v. U.S., No. 94-2002, No. 1733 (2nd Cir.) (37 F.3d 858) (October 11, 1994) (Judge Frank X. Altimari) by Here the Court held that while a petitioner must satisfy the jurisdictional "in custody" of § 2255 in order to invoke habeas relief, a petitioner under supervised release may be …

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez)

Article • January 1, 1994

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by Here the Court stated that it was "reluctant" to concude that a defendant who possessed a sawed-off shotgun for the purpose of protecting his family qualified him for a "lesser harms" sentence …