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U.S. v. Kiefer, No. 93-2247 (8th Cir.) (20 F.3d 874) (April 1, 1994) (Judge James B. Loken)

Article • January 1, 1994

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Kiefer, No. 93-2247 (8th Cir.) (20 F.3d 874) (April 1, 1994) (Judge James B. Loken) by The Court held that requiring the appropriate credit under § 5G1.3(b) for the time spent in State custody on a related, concurrent State sentence was proper - even though the same time …

U.S. v. Robins, No. 91-50286 (9th Cir.) (967 F.2d 1387) (April 6, 1992) (Judge David R. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Robins, No. 91-50286 (9th Cir.) (967 F.2d 1387) (April 6, 1992) (Judge David R. Thompson) by Calculating the weight of drugs for sentencing purposes. In this case the Court vacated a sentence that had been based on including 2,779 grams of cornmeal with only 1/10th of a gram …

U.S. v. Collado, No. 91-1492 (3rd Cir.) (975 F.3d 985) (September 16, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Collado, No. 91-1492 (3rd Cir.) (975 F.3d 985) (September 16, 1992) (Judge Edward R. Becker) by In one of the seminal and oft-quoted decisions on accomplice liability in drug cases, the Court laid out a detailed analysis for differentiating between accomplice attribution under the Guidelines and accomplice liability …

U.S. v. Corona, No. 93-10659 (9th Cir.) (34 F.3d 876) (September 7, 1994) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Corona, No. 93-10659 (9th Cir.) (34 F.3d 876) (September 7, 1994) (Judge Stephen S. Trott) by Case held that Nevada was improper venue for trying the defendant on a § 924(c)(1) charge, even though it was the proper venue for trying the defendant on the underlying drug conspiracy …

Thomas v. Brewer, No. 89-55498 (9th Cir.) (923 F.2d 1361) (January 17, 1991) (Judge Pamela Ann Rymer)

Article • January 1, 1994

Filed under: Punch And Jurists

Thomas v. Brewer, No. 89-55498 (9th Cir.) (923 F.2d 1361) (January 17, 1991) (Judge Pamela Ann Rymer) by Case held that writ of habeas corpus ad prosequendum ordering a defendant in state custody to be produced for sentencing in a federal court on a date to be ordered by the …

Fagan v. City of Vineland, No. 92-5481 (3rd Cir.) (22 F.3d 1296) (April 29, 1994) (Judge Dolores K. Sloviter)

Article • January 1, 1994

Filed under: Punch And Jurists, Burden of Proof

Fagan v. City of Vineland, No. 92-5481 (3rd Cir.) (22 F.3d 1296) (April 29, 1994) (Judge Dolores K. Sloviter) by Here the majority held that the police were not liable for damages based on conduct during a high speed chase which resulted in the death of three people and the …

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock)

Article • January 1, 1994

Filed under: Punch And Jurists, Public Welfare

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by Here the defendant claimed that the court erroneously applied U.S.S.G. § 5K2.14 (Public Welfare) in increasing his offense level by an additional point. He argued that § 5K2.14 is only appropriate in …

U.S. v. Dunnigan, No. 90-5669 (4th Cir.) (944 F.3d 178) (August 30, 1991) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Dunnigan, No. 90-5669 (4th Cir.) (944 F.3d 178) (August 30, 1991) (Judge Cynthia Holcomb Hall) by On a decision subsequently reversed by the Supreme Court, the Fourth Circuit held that the sentence enhancement for obstruction of justice contained in USSG § 3C1.1 was unconstitutional because it impermissibly infringed …

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker) by Here the Court held that the defendant properly stated a claim of ineffective assistance of counsel where he alleged that the advise he received about his plea bargain was so incorrect and …

Starr v. Lockhart, No. 92-1466 (8th Cir.) (23 F.3d 1280) (May 2, 1994) (Judge C. Arlen Beam)

Article • January 1, 1994

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Starr v. Lockhart, No. 92-1466 (8th Cir.) (23 F.3d 1280) (May 2, 1994) (Judge C. Arlen Beam) by Case held that capital defendant's due process right to expert assistance was not satisfied by court-ordered examination, suggesting that the amount of funds awarded for expert psychiatric assistance relates directly to competency …

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by Case held that impermissible double counting occurs when the same conduct is used to support separate increases under separate enhancement provisions which necessarily overlap, are indistinct, and serve identical purposes (Id., at …

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 QUOTE OF THE WEEK - The "unconscious racism" syndrom that prevails in America. In recent times, there probably has been no more thought-provoking judicial analysis of the "unconscious racism" that exists in …

U.S. v. Sanchez-Galvez, No. 93-1665 (7th Cir.) (33 F.3d 829) (August 29, 1994) (Judge William J. Bauer)

Article • January 1, 1994

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Sanchez-Galvez, No. 93-1665 (7th Cir.) (33 F.3d 829) (August 29, 1994) (Judge William J. Bauer) by Case affirmed convictions despite Government's failue to give Rule 16 notice of expert testimony - but in large part because the defendants were given time to depose the witness before trial.

U.S. v. Lui, No. 89-50557 (9th Cir.) (941 F.2d 844) (August 5, 1991) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

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

U.S. v. Lui, No. 89-50557 (9th Cir.) (941 F.2d 844) (August 5, 1991) (Judge Cynthia Holcomb Hall) by Court denounced the use of drug courier profile evidence as inherently prejucicial and nothing more than opinion evidence. Court stated: " We have denounced the use of drug courier profile evidence as …

U.S. v. Weddle, No. 93-5691 (4th Cir.) (30 F.3d 532) (July 27, 1994) (Judge Francis D. Jr. Murnaghan)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Weddle, No. 93-5691 (4th Cir.) (30 F.3d 532) (July 27, 1994) (Judge Francis D. Jr. Murnaghan) by The principal issue in this case was whether the defendant's threatening mailings constituted a non-violent offense under the sentencing guidelines for purposes of a downward departure under USSG § 5K2.13. The …

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

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 Case held that Spanish-speaking defendants have a right to receive written translations of documents, including indictments (and any statutes referenced therein), plea agreements and presentence reports. In this case, Judge Weinstein faced …

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy)

Article • January 1, 1994

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy) by This classic early Guidelines case, which challenged the constututionality of the Guidelines, is noted for Judge Merritt's dissent in which he forcefully argued that it was a violation of due process to …

U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Skills

U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy) by The Court concluded: "The conclusion that truck driving necessitates the use of a special skill only completes part of the analysis. A court must also determine that a defendant actually used that …

U.S. v. Rivera, No. 92-1749 (1st Cir.) (994 F.2d 942) (June 4, 1993) (Judge Stephen Breyer)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Rivera, No. 92-1749 (1st Cir.) (994 F.2d 942) (June 4, 1993) (Judge Stephen Breyer) by This case has been called the Grandfather of Koon v. U.S., 518 U.S. 81, because much of Judge Breyer's rationale in this case was adopted by and formed the framework for the Supreme …

U.S. v. Dost, No. Crim. No. 86-0036-GT (S.D.Cal.) (636 F.Supp. 832) (June 12, 1986) (Judge Gordon Jr. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Dost Factors

U.S. v. Dost, No. Crim. No. 86-0036-GT (S.D.Cal.) (636 F.Supp. 832) (June 12, 1986) (Judge Gordon Jr. Thompson) by Defendants were indicted for alleged violations of 18 U.S.C. § 2251(a) (using a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct); 18 …