Search | Punch and Jurists

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by Here the 7th Circuit held that a heightened standard of scrutiny is required when dealing with evidence provided by persons who serve in a dual capacity such as a drug addict and …

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum)

Article • January 1, 1994

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

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum) by "The something more" that is necessary for the existence of a true drug distribution conspiracy is a further understanding between the buyer and seller, often implicit, that usually relates to the subsequent …

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott) by In Judge Beezer's concurring opinion, he reviewed four standards by which ineffective assistance of counsel claims are determined, as follows: (1) the Strickland standard, under which the defendant must show that counsel's …

U.S. v. Canoy, No. 93-3315 (7th Cir.) (38 F.3d 983) (October 20, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Canoy, No. 93-3315 (7th Cir.) (38 F.3d 983) (October 20, 1994) (Judge Ilana Diamond Rovner) by Here, following the Supreme Court's decision in Koon v. U.S.. 518 U.S. 81 (1996), the Seventh Circuit recognized that extraordinary family circumstances could be a proper basis for departure under U.S.S.G. § …

U.S. v. Drown, No. 91-1118 (1st Cir.) (942 F.2d 55) (August 14, 1991) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists, Cooperation Not Complete

U.S. v. Drown, No. 91-1118 (1st Cir.) (942 F.2d 55) (August 14, 1991) (Judge Bruce M. Selya) by Defendant challenged his sentence in the United States District Court for the District of Maine, which sentenced him to a 78 month prison term after he pled guilty to one-count criminal information …

Rodriguera v. U.S., No. 89-56205 (9th Cir.) (954 F.2d 1465) (January 14, 1992) (Judge Robert Boochever)

Article • January 1, 1994

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

Rodriguera v. U.S., No. 89-56205 (9th Cir.) (954 F.2d 1465) (January 14, 1992) (Judge Robert Boochever) by Case held that the provisions of 18 U.S.C. § 3582(e)(2) , which authorize modification of a term of supervised release, apply to the term of supervised release that the defendant received under 21 …

U.S. v. Raineri, No. 93-2132 (1st Cir.) (42 F.3d 36) (December 9, 1994) (Judge Michael Boudin)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Raineri, No. 93-2132 (1st Cir.) (42 F.3d 36) (December 9, 1994) (Judge Michael Boudin) by Here the Court held that where a defendant is not warned of the potential for restitution but is ordered to pay, but in an amount less that the potential criminal fine of which …

U.S. v. Carroll, No. 93-5030 (6th Cir.) (26 F.3d 1380) (June 22, 1994) (Judge Nathaniel R. Jones)

Article • January 1, 1994

Filed under: Punch And Jurists, Summation

U.S. v. Carroll, No. 93-5030 (6th Cir.) (26 F.3d 1380) (June 22, 1994) (Judge Nathaniel R. Jones) by In reversing a conviction based on non-flagrant, but improper, prosecutorial vouching, the Court stated that upon a finding that such comments were improper, it should then look to see if they were …

U.S. v. Ransom, No. 92-50102 (9th Cir.) (1993 WL 100158) (April 6, 1993) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Ransom, No. 92-50102 (9th Cir.) (1993 WL 100158) (April 6, 1993) (Per Curiam) by Here the Court held that the district court did not err in refusing to grant a new trial despite the defendant's proof that the notorious DEA agent Andrew Chambers had perjured himself at the …

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards) by In this bank robbery case, the D.C. Circuit relied extensively on Judge Easterbrook's dissent in U.S. v. Poff, 926 F.3d 588 (7th Cir. 1991). While it generally followed the Poff dissent, the …

U.S. v. Mason, No. 92-5322 (4th Cir.) (993 F.2d 406) (May 17, 1993) (Judge William W. Jr. Wilkins)

Article • January 1, 1994

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Mason, No. 92-5322 (4th Cir.) (993 F.2d 406) (May 17, 1993) (Judge William W. Jr. Wilkins) by The defendant in this case sought review of his conviction for the distribution of cocaine base and distribution of cocaine base within 1,000 feet of a school in violation of 21 …

U.S. v. $405,089.23 U.S. Currency, No. 93-55947 (9th Cir.) (33 F.3d 1210) (September 6, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. $405,089.23 U.S. Currency, No. 93-55947 (9th Cir.) (33 F.3d 1210) (September 6, 1994) (Judge Stephen Reinhardt) by In this case, following a jury trial, Charles Wesley Arlt and James Wren were convicted of: conspiracy to aid and abet the manufacture of methamphetamine, in violation of 21 U.S.C. § …

U.S. v. Ripinsky, No. 93-50369 (9th Cir.) (20 F.3d 359) (March 30, 1994) (Judge Betty Binns Fletcher)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Ripinsky, No. 93-50369 (9th Cir.) (20 F.3d 359) (March 30, 1994) (Judge Betty Binns Fletcher) by Case held that 18 USC § 1983(d)(1)(A) does not authorize pre-trial restraint of substitute assets.

U.S. v. Robin, No. 76-1033, No. 951 (2nd Cir.) (553 F.2d 8) (March 30, 1977) (Per Curiam)

Article • January 1, 1994

Filed under: Recusal, Punch And Jurists

U.S. v. Robin, No. 76-1033, No. 951 (2nd Cir.) (553 F.2d 8) (March 30, 1977) (Per Curiam) by The Court set forth a list of factors to be considered to determine whether reassignment would be appropriate, as follows: (1) whether the original judge would reasonably be expected upon remand to …

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the district court departed because it felt that the guidelines did not account properly for the extreme degree of brutality displayed by the defendants or the mental anguish suffered by the …

U.S. v. $67,220.00 in United States Currency, No. 91-5645 (6th Cir.) (957 F.2d 280) (February 28, 1992) (Judge Ralph B Jr. Guy)

Article • January 1, 1994

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. $67,220.00 in United States Currency, No. 91-5645 (6th Cir.) (957 F.2d 280) (February 28, 1992) (Judge Ralph B Jr. Guy) by But see U.S. v. $191,910 in U.S. Currency, 16 F.3d 1051 (9th Cir. 1994); U.S. v. One Lot of U.S. Currency ($36,634), 103 F.3d 1048 (9th Cir. …

U.S. v. All Assets of Statewide Auto Parts, Inc., No. 92-5015 (2nd Cir.) (971 F.2d 896) (August 3, 1992) (Judge George C. Pratt)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. All Assets of Statewide Auto Parts, Inc., No. 92-5015 (2nd Cir.) (971 F.2d 896) (August 3, 1992) (Judge George C. Pratt) by In this case the Court criticized the government's "virtually unchecked use of the civil forfeiture statutes and the disregard for due process that is buried in …

U.S. v. Jewett, No. 91-1769 (6th Cir.) (978 F.2d 248) (October 26, 1992) (Judge James L. Ryan)

Article • January 1, 1994

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

U.S. v. Jewett, No. 91-1769 (6th Cir.) (978 F.2d 248) (October 26, 1992) (Judge James L. Ryan) by In this post-Hughey [v. U.S., 495 U.S. 411 (1990)] decision, the Court held that the amended provisions of the VWPA have redefined the conduct relevant to an award of restitution and permits …

U.S. v. Canada, No. 91-1691 (1st Cir.) (960 F.2d 263) (April 2, 1992) (Judge Levin H. Campbell)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Canada, No. 91-1691 (1st Cir.) (960 F.2d 263) (April 2, 1992) (Judge Levin H. Campbell) by Here the defendant complained that (1) that he was not given proper advance notice that his managerial or supervisory role in the offense would be an issue at the sentencing hearing; and …

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, where the court warned that informants who are granted immunity are "by definition . . . cut from untrustworthy cloth …