Search | Punch and Jurists

U.S. v. Tapia, No. 79-5642 (5th Cir.) (631 F.2d 1207) (December 3, 1980) (Judge Emilio M. Garza)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Tapia, No. 79-5642 (5th Cir.) (631 F.2d 1207) (December 3, 1980) (Judge Emilio M. Garza) by The Court stated that "a waiver of an interpreter is not a decision for [defendant's] counsel or the Court to make. It is defendant's decision, after the Court explains to him the …

U.S. v. Barnes, No. 78-1040 (2nd Cir.) (604 F.2d 121) (April 23, 1979) (Judge Leonard Page Moore)

Article • January 1, 1994

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

U.S. v. Barnes, No. 78-1040 (2nd Cir.) (604 F.2d 121) (April 23, 1979) (Judge Leonard Page Moore) by Defendants challenged their convictions by the United States District Court for the Southern District of New York for conspiracy to violate the federal narcotics laws and various substantive violations thereof. Two defendants …

U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin) by Here the Court approved a downward departures based on family circumstances, stating that justice would not be served by placing a 24 year old mother of two minot children in jail for …

Franklin v. Foxworth, No. 92-35214 (9th Cir.) (31 F.3d 873) (August 2, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Privacy Act/Rights

Franklin v. Foxworth, No. 92-35214 (9th Cir.) (31 F.3d 873) (August 2, 1994) (Judge Stephen Reinhardt) by In this case, acting on a tip, some 23 police officers descended on a home occupied by three people, one of whom was pregnant, and another suffered from advanced multiple sclerosis. So bad …

U.S. v. Dalton, No. 91-1149 (10th Cir.) (960 F.2d 121) (March 26, 1992) (Judge Stephanie K. Seymour)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Dalton, No. 91-1149 (10th Cir.) (960 F.2d 121) (March 26, 1992) (Judge Stephanie K. Seymour) by The Court held that because the registration requirements of the National Firearms Act were passed pursuant to the taxing power, and because after the enactment of section 922(o) the government will no …

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan)

Article • January 1, 1994

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan) by Judge Carrigan wrote: "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. …

U.S. v. Brown, No. 93-5653 (4th Cir.) (23 F.3d 839) (May 5, 1994) (Judge John D. Jr. Butzner)

Article • January 1, 1994

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Brown, No. 93-5653 (4th Cir.) (23 F.3d 839) (May 5, 1994) (Judge John D. Jr. Butzner) by In this case, the district court found that the 1987 conviction involved a sale of only $ 20 worth of PCP, it decided that sentencing Brown as a career offender would …

U.S. v. Wyncoop, No. 92-30444 (9th Cir.) (11 F.3d 119) (December 1, 1993) (Judge Mary M. Schroeder)

Article • January 1, 1994

Filed under: Punch And Jurists, Federal Funds

U.S. v. Wyncoop, No. 92-30444 (9th Cir.) (11 F.3d 119) (December 1, 1993) (Judge Mary M. Schroeder) by In this case a private college participated in federal student loan programs. The issue was whether the college's receipt of tuition payments funded by the loans qualified as receipt of benefits under …

U.S. v. Brown, No. 91-1420 (2nd Cir.) (961 F.2d 1039) (April 9, 1992) (Per Curiam)

Article • January 1, 1994 • from P&J November, 1996

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Brown, No. 91-1420 (2nd Cir.) (961 F.2d 1039) (April 9, 1992) (Per Curiam) by The defendant in this case rented a basement apartment that was accessible to the landlord. After the landlord found several firearms in the defendant's apartment, including an Uzi machine gun, she contacted the police. …

U.S. v. Dyce, No. 93-219 (D.D.C.) (874 F.Supp. 1) (October 27, 1994) (Judge Stanley Sporkin)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 93-219 (D.D.C.) (874 F.Supp. 1) (October 27, 1994) (Judge Stanley Sporkin) by In this case, Judge Sporkin gave a young mother a sentence of 60 months probation instead of 60 months imprisonment, based on the "totality of circumstances" including extraordinary family circumstances.

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright)

Article • January 1, 1994

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright) by Case held that state law determines both the admissibility of a prior state conviction as a predicate offense under § 922(g) and the scope of the Federal prohibition on firearms possession.

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (800 F.2d 452) (August 5, 1986) (Judge Irving Loeb Goldberg)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (800 F.2d 452) (August 5, 1986) (Judge Irving Loeb Goldberg) by The decision is particularly noted for Judge Goldberg's strong concluding statement in the decision, where he wrote: "One of the basics of our jurisprudence is the search for truth, and by this …

U.S. v. Washington, No. 92-3237 (D.C. Cir.) (12 F.3d 1128) (January 14, 1994) (Judge Patricia M. Wald)

Article • January 1, 1994

Filed under: Punch And Jurists, Supervening Decision Doctrine

U.S. v. Washington, No. 92-3237 (D.C. Cir.) (12 F.3d 1128) (January 14, 1994) (Judge Patricia M. Wald) by Here the Court explained - and applied - the "supervening decision doctrine" which enables it to consider issues not raied at trial where the law has changed and rasing the issue would …

U.S. v. Horne, No. 90-3175 (D.C. Cir.) (987 F.2d 833) (March 18, 1993) (Judge Douglas Ginsburg)

Article • January 1, 1994

Filed under: Punch And Jurists, Withdrawal

U.S. v. Horne, No. 90-3175 (D.C. Cir.) (987 F.2d 833) (March 18, 1993) (Judge Douglas Ginsburg) by The defendant in this case sought review of the judgment from the District Court that denied his presentence motion to withdraw his guilty plea because his lawyer substantially underestimated the sentence he would …

U.S. v. Beechnut Nutrition Corp., No. 90-1368, No. 605 (2nd Cir.) (925 F.2d 604) (February 13, 1991) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Beechnut Nutrition Corp., No. 90-1368, No. 605 (2nd Cir.) (925 F.2d 604) (February 13, 1991) (Judge Richard J. Cardamone) by

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld)

Article • January 1, 1994

Filed under: Punch And Jurists, Authority to bind other Government agencies

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld) by

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl)

Article • January 1, 1994

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Singleterry, No. 93-2232 (1st Cir.) (29 F.3d 733) (July 18, 1994) (Judge Norman H. Stahl) by The The court found that it was rational for Congress to punish crack cocaine more severely than powder cocaine offenses: "For example, Congress could rationally seek to strengthen the deterrent effect of …

U.S. v. Herrera-Figueroa, No. 89-50660 (9th Cir.) (918 F.2d 1430) (November 14, 1990) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Sentencing, Punch And Jurists

U.S. v. Herrera-Figueroa, No. 89-50660 (9th Cir.) (918 F.2d 1430) (November 14, 1990) (Judge Stephen Reinhardt) by Case held that a sentence had to be vacated because the probation officer refused to allow the defendant's attorney to be present at the presentence interview to advise his client.

U.S. v. Ogbondah, No. 93-1479, No. 869 (2nd Cir.) (16 F.3d 498) (February 9, 1994) (Judge Ralph K. Jr. Winter)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Ogbondah, No. 93-1479, No. 869 (2nd Cir.) (16 F.3d 498) (February 9, 1994) (Judge Ralph K. Jr. Winter) by See also U.S. v. Restrepo, 999 F.2d 640 (2nd Cir. 1993) and U.S. v. Montez-Gaviria, 163 F.3d 697 (2nd Cir. 1998). Case held that district court had discretion to …

U.S. v. Morales, No. 94-2045 (1st Cir.) (52 F.3d 7) (April 18, 1995) (Judge Bailey Aldrich)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Morales, No. 94-2045 (1st Cir.) (52 F.3d 7) (April 18, 1995) (Judge Bailey Aldrich) by Here the Court read the one-year time limitation in Rule 35(b) broadly and held that a defendant who provided substantial assistance to the Govermment four years after her sentencing was entitled to the …