Search | Punch and Jurists

U.S. v. Silverman, No. 90-3205 (6th Cir.) (976 F.2d 1502) (September 22, 1992) (Judge Harry W. Wellford)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Silverman, No. 90-3205 (6th Cir.) (976 F.2d 1502) (September 22, 1992) (Judge Harry W. Wellford) by "In these three cases [being considered in a consolidated appeal], we see the 'relevant conduct' system run amok. Unreliable double, triple and quadruple hearsay information provided by the prosecution about other uncharged …

U.S. v. Anderson, No. 90-1741, No. 1135 (2nd Cir.) (929 F.2d 96) (April 2, 1991) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Anderson, No. 90-1741, No. 1135 (2nd Cir.) (929 F.2d 96) (April 2, 1991) (Judge Richard J. Cardamone) by Here the Court held that the mere fact that a defendant had numerous prior arrests, making him no stranger to the legal system, did not necessarily support the Government's contention …

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner)

Article • January 1, 1994

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

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner) by In this divided en banc decision, a majority of the court held that large quantities of controlled substances, without more, cannot sustain a conspiracy conviction: there must be an agreement to commit …

U.S. v. Kimple, No. 92-10735 (9th Cir.) (27 F.3d 1409) (June 24, 1994) (Judge Thomas G. Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Kimple, No. 92-10735 (9th Cir.) (27 F.3d 1409) (June 24, 1994) (Judge Thomas G. Nelson) by Here the Court held that a district court may not deny a one-level adjustment under § 3E1.1(b)(2) simply because the defendant has acted to protect his constitutional rights through the filing of …

Vaughn v. Rosen, No. 73-1039 (D.C. Cir.) (484 F.2d 820) (August 20, 1973) (Judge Malcolm Richard Wilkey)

Article • January 1, 1994

Filed under: Punch And Jurists, Vaughn Index

Vaughn v. Rosen, No. 73-1039 (D.C. Cir.) (484 F.2d 820) (August 20, 1973) (Judge Malcolm Richard Wilkey) by This is the case that gave rise to the "Vaughn Index" which has become a part of the vocabularly of requests for information under the FOIA.

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker)

Article • January 1, 1994

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker) by Without citing any specific Guideline provision, the Court granted a downward departure to a mother who had "health problems" and "teenage children.". Here's a case in which a wife, charged with bankruptcy fraud, …

U.S. v. Gallo, No. 86-CR-452 (E.D.N.Y.) (653 F.Supp. 320) (November 14, 1986) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Gallo, No. 86-CR-452 (E.D.N.Y.) (653 F.Supp. 320) (November 14, 1986) (Judge Jack B. Weinstein) by Case is noted for Judge Weinstein's oft-quoted discussion of the traumatizing effects of lengthy pre-trial incarceration. "The inevitable consequences of pretrial incarceration, particularly when prolonged beyond a short period, are undeniably severe. They …

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone) by In this case, the defendant, Shonubi, had made eight trips to Nigeria for the purpose of obtaining heroin to import into the United States. On the day he was caught, …

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé)

Article • January 1, 1994

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé) by Here, relying on an unpublished decision of another panel, the Court upheld the validity of a waiver of appeal that the defendant had signed; and dismissed the appeal he attempted to …

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion)

Article • January 1, 1994

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion) by Here the Court held that for conduct to qualify as "aberrant behavior" within the meaning of the Guidelines, the criminal conduct must be something in the nature of a spontaneous, sudden, or …

U.S. v. Jacoby, No. 89-6210 (11th Cir.) (955 F.2d 1527) (March 25, 1992) (Judge Daniel M. Friedman)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Jacoby, No. 89-6210 (11th Cir.) (955 F.2d 1527) (March 25, 1992) (Judge Daniel M. Friedman) by

U.S. v. Roe, No. 91-30085 (9th Cir.) (976 F.2d 1216) (October 6, 1992) (Judge David R. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Roe, No. 91-30085 (9th Cir.) (976 F.2d 1216) (October 6, 1992) (Judge David R. Thompson) by The Ninth Circuit held that district court "clearly erred in finding that the tragic circumstances of [defendant's] abusive upbringing were not extraordinary," where the defendant "lived with her drug-addicted mother and her …

Young v. Weston, No. C94-480C (W.D.Wash.) (898 F.Supp. 744) (August 25, 1995) (Judge John C. Coughenour)

Article • January 1, 1994

Filed under: Punch And Jurists, Megan's Laws

Young v. Weston, No. C94-480C (W.D.Wash.) (898 F.Supp. 744) (August 25, 1995) (Judge John C. Coughenour) by Here, in holding that Washington's version of Megan's Law violated the Due Process Clause, the Ex Post Facto Clause and the Double Jeopardy Clause of the Constitution, Judge Coughenor stated: "At the heart …

Handschu v. Special Services Division, No. 71 Civ. 2203-CSH (S.D.N.Y.) (605 F.Supp. 1384) (March 7, 1985) (Judge Charles S. Jr. Haight)

Article • January 1, 1994

Filed under: Punch And Jurists, Consent Decrees - Generally

Handschu v. Special Services Division, No. 71 Civ. 2203-CSH (S.D.N.Y.) (605 F.Supp. 1384) (March 7, 1985) (Judge Charles S. Jr. Haight) by Here the Court approved a consent decree under which the New York City police were restricted in their surveillance activities and tactics against various types of search and …

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Johnson, No. 92-30176 (9th Cir.) (998 F.2d 696) (July 8, 1993) (Judge Alex Kozinski) by Here the defendant was ordered to participate in a program approved by the probation office for treatment of narcotic addiction or drug dependency; and to abstain from the use of alcohol and/or other …

U.S. v. Galloway, No. 90-3034 (8th Cir.) (976 F.2d 414) (September 17, 1992) (Judge John R. Gibson)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Galloway, No. 90-3034 (8th Cir.) (976 F.2d 414) (September 17, 1992) (Judge John R. Gibson) by Case is noted for Judge Bright's brilliant dissent in which he condemned the concept of relevant conduct because it meant that a defendant charged with a relatively innocuous crime could face years …

U.S. v. Silverman, No. 88-3826 (6th Cir.) (889 F.2d 1531) (November 21, 1989) (Judge Harry W. Wellford)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Silverman, No. 88-3826 (6th Cir.) (889 F.2d 1531) (November 21, 1989) (Judge Harry W. Wellford) by Here the Court remanded the case back to the district court for further findings and set the stage for the Court's important en banc review which was subsequently published at 976 F.2d …

U.S. v. Saccoccia, No. Crim.A. No. 91-115-T (D.R.I.) (823 F.Supp. 994) (June 4, 1993) (Judge Ernest C. Torres)

Article • January 1, 1994

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Saccoccia, No. Crim.A. No. 91-115-T (D.R.I.) (823 F.Supp. 994) (June 4, 1993) (Judge Ernest C. Torres) by Case held that "proceeds" within meaning of RICO forfeiture provision meant entire amount realized from racketeering activity and not just profits made by defendant.

U.S. v. Tolla, No. 85-1091, No. 1388 (2nd Cir.) (781 F.2d 29) (January 9, 1986) (Judge Charles E. Jr. Stewart)

Article • January 1, 1994

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Tolla, No. 85-1091, No. 1388 (2nd Cir.) (781 F.2d 29) (January 9, 1986) (Judge Charles E. Jr. Stewart) by

U.S. v. Charters, No. 96-5568 (4th Cir.) (863 F.3d 302) (December 9, 1988) (Judge James Dickson Jr. Phillips)

Article • January 1, 1994

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Charters, No. 96-5568 (4th Cir.) (863 F.3d 302) (December 9, 1988) (Judge James Dickson Jr. Phillips) by Here the Court held that the determination of whether to forcibly medicate a pretrial detainee was best left to the “professional judgment” of institutional medical personnel and subject to judicial review …