Search | Punch and Jurists

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).

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

U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin) by United States v. Chambers, 885 F.Supp. 12 (D.D.C. 1995) United States v. Rose, 885 F.Supp. 62 (E.D.N.Y. 1995) Here are two Guideline departure cases that are bound to be appealed. In Chambers, …

U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher)

Article • January 1, 1994

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher) by In this case the district court upwardly departed based on her belief that the Sentencing Commission failed to take into account the serious problem of drug offender recidivism when formulating …

U.S. v. Little, No. 92-2155 (10th Cir.) (18 F.3d 1499) (March 22, 1994) (Judge Stephen H. Anderson)

Article • January 1, 1994

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Little, No. 92-2155 (10th Cir.) (18 F.3d 1499) (March 22, 1994) (Judge Stephen H. Anderson) by In this case the Government appealed from an order of the district court granting suppression of evidence, because the police had failed to advise the passenger on the train that he was …

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein) by In an important decision of the role of mens rea in the sentencing process, Judge Weinstein held that the defendant drug mule could not be sentenced on the basis of the entire …

U.S. v. Paskow, No. 92-50616 (9th Cir.) (11 F.3d 873) (November 26, 1993) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Paskow, No. 92-50616 (9th Cir.) (11 F.3d 873) (November 26, 1993) (Judge Stephen Reinhardt) by Here the Court held that the ex post facto clause is violated when an amendment to the supervised release statute disadvantages a defendant who committed the underlying offense before the amendment became effective. …

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, Prosecutorial Misconduct

U.S. v. Montague, No. 93-1676 (7th Cir.) (29 F.3d 317) (July 12, 1994) (Judge Hubert L. Will) by Altho the Court affirmed the use of the money laundering statutes on a woman convicted of prostitution, it warned that the case demonstrates how an aggressive U.S. Attorney can misuse the money-laundering …

U.S. v. Upton, No. CR-90-0629 (E.D.N.Y.) (856 F.Supp. 727) (June 29, 1994) (Judge I. Leo Glasser)

Article • January 1, 1994

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

U.S. v. Upton, No. CR-90-0629 (E.D.N.Y.) (856 F.Supp. 727) (June 29, 1994) (Judge I. Leo Glasser) by Here the Court held that the Government's disclosure obligations under Rule 16(a)(1)(C) extends to agencies that are involved in the same investigation - based on their level of involvement. "Rule 16 provides for …

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker)

Article • January 1, 1994

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

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker) by In this case the defendant was convicted based on a negotiated plea agreement pursuant to which the Probation Office prepared a Presentence Report that stipulated a Guideline sentence of between 27 and …

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn) by "Section 2K2.4(a) of the Guidelines provides that where, as here, a defendant is convicted for unlawful use and carrying of a firearm during and in relation to a drug trafficking crime, the …

U.S. v. Jordan, No. Crim.A. No. CR691-009 (S.D.Ga.) (812 F.Supp. 1235) (January 12, 1993) (Judge Dudley H. Jr. Bowen)

Article • January 1, 1994

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. Jordan, No. Crim.A. No. CR691-009 (S.D.Ga.) (812 F.Supp. 1235) (January 12, 1993) (Judge Dudley H. Jr. Bowen) by In this case, despite extensive vocal disenchantment with the provisions of the CJA that limit the amount of funds that are normally paid to appointed counsel in felony cases to …

U.S. v. Castro-Cervantes, No. 89-50145 (9th Cir.) (927 F.2d 1079) (August 9, 1990) (Judge John T. Jr. Noonan)

Article • January 1, 1994

Filed under: Punch And Jurists, Dismissed Counts

U.S. v. Castro-Cervantes, No. 89-50145 (9th Cir.) (927 F.2d 1079) (August 9, 1990) (Judge John T. Jr. Noonan) by In this case the defendant pled guilty to two counts of robbery and admitted committing two more uncharged robberies in the plea agreement. The Government agreed to dismiss five robbery counts. …

U.S. v. Powers, No. 93-5944 (4th Cir.) (59 F.3d 1460) (April 14, 1995) (Judge Karen J. Williams)

Article • January 1, 1994

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Powers, No. 93-5944 (4th Cir.) (59 F.3d 1460) (April 14, 1995) (Judge Karen J. Williams) by The defendant in this case was convicted of aggravated sexual abuse of a minor in violation of 18 U.S.C.S. § 2241(c) for repeatedly raping his daughter over the course of ten months …

U.S. v. Kelly, No. HCR 90-72 (N.D.Ind.) (872 F.Supp. 556) (August 3, 1994) (Judge James T. Moody)

Article • January 1, 1994

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Kelly, No. HCR 90-72 (N.D.Ind.) (872 F.Supp. 556) (August 3, 1994) (Judge James T. Moody) by This case discusses the use of a motion under Rule 41(e) of the Fed.R.Crim.P. by a defendant to get his property back even after his criminal proceedings have been terminated. The court …

U.S. v. Spiropoulos, No. 91-6058 (3rd Cir.) (976 F.2d 155) (September 25, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Spiropoulos, No. 91-6058 (3rd Cir.) (976 F.2d 155) (September 25, 1992) (Judge Edward R. Becker) by The Court concluded in part that the Sentencing Reform Act "does not authorize the assessment of a fine to pay for the costs of a defendant's imprisonment. Certainly, there is no specific …

U.S. v. Essig, No. 92-1514 (3rd Cir.) (10 F.3d 968) (November 1, 1993) (Judge William D. Hutchinson)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Essig, No. 92-1514 (3rd Cir.) (10 F.3d 968) (November 1, 1993) (Judge William D. Hutchinson) by Here the Court held that the failure to raise a Sentencing Guideline issue on direct appeal results in a waiver of that issue that only be overcome if the petitioner can establish …

Warner v. Orange County Dept. of Probation, No. 93 Cov. 1544 (GLG) (S.D.N.Y.) (870 F.Supp. 69) (December 14, 1994) (Judge Gerard L. Goettel)

Article • January 1, 1994

Filed under: First Amendment, Punch And Jurists

Warner v. Orange County Dept. of Probation, No. 93 Cov. 1544 (GLG) (S.D.N.Y.) (870 F.Supp. 69) (December 14, 1994) (Judge Gerard L. Goettel) by Case held that motorist, who had been convicted of an alcohol-related driving offense, was entitled to bring a civil rights action against probation office for requiring …

U.S. v. Solorio, No. 93-50507 (9th Cir.) (37 F.3d 954) (September 20, 1994) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Solorio, No. 93-50507 (9th Cir.) (37 F.3d 954) (September 20, 1994) (Judge Dorothy Wright Nelson) by This decision, which was subsequently withdrawn without explanation, is noted for its unusually harsh words about the perverse incentives that arise from paying informants for their testimony. "This type of arrangement creates …

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (947 F.2d 551) (October 7, 1992) (Judge Thomas J. Meskill)

Article • January 1, 1994

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (947 F.2d 551) (October 7, 1992) (Judge Thomas J. Meskill) by The defendant in this case appealed his conviction for 31 counts of insider trading and perjury for violating 18 U.S.C.S. § 2; Rule 14e-3(a), 17 C.F.R. § 14e-3(a); Rule 10b-5, 17 C.F.R. …

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bruchey, No. 96-5561 (4th Cir.) (810 F.2d 456) (February 5, 1987) (Judge James Dickson Jr. Phillips) by Case held It was improper to require defendant to sign long-term promissory note in favor of victim, where payments would extend beyond the 5 years' probation imposed and thus beyond the …