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U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen)

Article • January 1, 1994

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty …

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay)

Article • January 1, 1994

Filed under: Punch And Jurists, AIDs/HIV Issues

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay) by This case involved an appeal from the district court's decision Harris v. Thigpen, 727 F.Supp. 1564, 1583 (M.D.Ala.1990), in which the district court concluded: "This Court is of the opinion that the …

U.S. v. Smith, No. 90-1751 (1st Cir.) (940 F.2d 710) (July 16, 1991) (Judge Levin H. Campbell)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Smith, No. 90-1751 (1st Cir.) (940 F.2d 710) (July 16, 1991) (Judge Levin H. Campbell) by Here the Court outlined the burdens of proof that a defendant must meet to assert and prove successfully a defense of entrapment by estoppel. The Court held that a defendant must establish …

U.S. v. Purvis, No. 90-50183 (9th Cir.) (940 F.2d 1276) (August 2, 1991) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Purvis, No. 90-50183 (9th Cir.) (940 F.2d 1276) (August 2, 1991) (Judge Stephen Reinhardt) by "We hold that 3583 authorizes the revocation of supervised release even where the resulting incarceration, when combined with the period of time the defendant has already served for his substantive offense, will exceed …

Doe v. City of New York, No. 93-7596, No. 527 (2nd Cir.) (15 F.3d 264) (January 28, 1994) (Judge Frank X. Altimari)

Article • January 1, 1994

Filed under: Punch And Jurists, AIDs/HIV Issues

Doe v. City of New York, No. 93-7596, No. 527 (2nd Cir.) (15 F.3d 264) (January 28, 1994) (Judge Frank X. Altimari) by Here the Court held that persons with HIV have a constitutional right to privacy regarding that condition, particularly when the disease is one that arouses an "unfeeling …

Williams v. United States Parole Commission, No. Civ. No. 93-2009 (D.D.C.) (860 F.Supp. 1) (July 26, 1994) (Judge Stanley Sporkin)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Parole

Williams v. United States Parole Commission, No. Civ. No. 93-2009 (D.D.C.) (860 F.Supp. 1) (July 26, 1994) (Judge Stanley Sporkin) by Here, with unusually harsh words, Judge Sporkin criticized the Parole Commission's "yo-yo" sentencing practice of constantly violating a defendant's term of special parole and then reimposing a full new …

U.S. v. Burnside, No. 89 CR 909 (N.D.Ill.) (824 F.Supp. 1215) (June 4, 1993) (Judge James F. Holderman)

Article • January 1, 1994

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Burnside, No. 89 CR 909 (N.D.Ill.) (824 F.Supp. 1215) (June 4, 1993) (Judge James F. Holderman) by This is one of three related decisions that descsribed the efforts of AUSA William Hogan of Chicago to indict the members of the El Rukns gang - and they show outrageous …

U.S. v. Daniels, No. 92-2006 (1st Cir.) (3 F.3d 25) (August 30, 1993) (Judge Norman H. Stahl)

Article • January 1, 1994

Filed under: Punch And Jurists, Age

U.S. v. Daniels, No. 92-2006 (1st Cir.) (3 F.3d 25) (August 30, 1993) (Judge Norman H. Stahl) by Here the Court rejected the defendant's contention that his prior convictions that occurred in 1965, 1970 and 1973 were too old to justify a sentence enhancement as an Armed Career Criminal under …

U.S. v. Rosa, No. 93-1120, No. 430 (2nd Cir.) (17 F.3d 1531) (February 23, 1994) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, More than Minimal Planning

U.S. v. Rosa, No. 93-1120, No. 430 (2nd Cir.) (17 F.3d 1531) (February 23, 1994) (Judge Amalya Lyle Kearse) by Here the Court held that the language in USSG § 2B1.1(b)(4) which directs a two-level enhancement if the offense involved "more than minimal planning" does not require the defendant's personal …

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin)

Article • January 1, 1994

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

U.S. v. Hoyle, No. 93-5359 (4th Cir.) (33 F.3d 415) (September 1, 1994) (Judge Sam J. III Ervin) by Case held that fact that interest could not be included in determination of loss under Guidelines did not preclude it from being included in award of restitution, in sentencing defendant for …

U.S. v. Langley, No. 93-5219 (4th Cir.) (62 F.3d 602) (August 14, 1995) (Judge Clyde H. Hamilton)

Article • January 1, 1994

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Langley, No. 93-5219 (4th Cir.) (62 F.3d 602) (August 14, 1995) (Judge Clyde H. Hamilton) by Here the en banc Court held that 18 U.S.C. § 922(g)(1) is not a strict liability crime and it made clear that a felon's possession of a firearm must be both voluntary …

U.S. v. Garza-Juarez, No. 92-10187 (9th Cir.) (992 F.2d 896) (April 23, 1993) (Judge Ruggero J. Aldisert)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Garza-Juarez, No. 92-10187 (9th Cir.) (992 F.2d 896) (April 23, 1993) (Judge Ruggero J. Aldisert) by Here the Court held that a downward departure may be warranted "when government agents use persuasion alone, not threats" - calling such tactics "imperfect entrapment." (Id., at 912).

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists, Statements by a Coconspirator

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya) by In this case, the Court also held that a co-conspirator's statement "standing alone, is insufficient to meet the preponderance standard of Rule 801(d)(2)(E). . . . [A]dmitting the statement into evidence requires …

U.S. v. Giovanelli, No. 92-1737, No. 1320 (2nd Cir.) (998 F.2d 116) (July 6, 1993) (Judge Whitman Knapp)

Article • January 1, 1994

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

U.S. v. Giovanelli, No. 92-1737, No. 1320 (2nd Cir.) (998 F.2d 116) (July 6, 1993) (Judge Whitman Knapp) by Here the Court held that the district court which presided over the underlying crimial proceeding had jurisdiction over a Rule 41(e) motion brought after conclusion of the criminal matter even though …

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich) by For a contrary view, see U.S. v. Kirkland, 104 F.3d 1403 (D.C.Cir. 1997) - which sharply criticized this decision and held that "intent-based defenses" are contests over factual guilt and thus do …

U.S. v. Monaco, No. 93-5261 (3rd Cir.) (23 F.3d 793) (May 10, 1994) (Judge Richard L. Nygaard)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Monaco, No. 93-5261 (3rd Cir.) (23 F.3d 793) (May 10, 1994) (Judge Richard L. Nygaard) by The Court stated: "We do not believe that by promulgating U.S.S.G. § 5H1.6, the Sentencing Commission foreclosed the possibility of a downward departure in this extraordinary situation. That section specifically states that …

U.S. v. Turcks, No. 93-1322 (3rd Cir.) (41 F.3d 893) (November 30, 1994) (Judge Leonard I. Garth)

Article • January 1, 1994

Filed under: Punch And Jurists, Failure to Make Findings or Articulate Reasons

U.S. v. Turcks, No. 93-1322 (3rd Cir.) (41 F.3d 893) (November 30, 1994) (Judge Leonard I. Garth) by The Court stated that a district court must make findings, on the record, concerning (1) the amount of loss, 2) the defendant's ability to pay and the financial need of the defendant …

U.S. v. Kopp, No. 91-5453 (3rd Cir.) (951 F.2d 521) (December 4, 1991) (Judge Edward R. Becker)

Article • January 1, 1994

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

U.S. v. Kopp, No. 91-5453 (3rd Cir.) (951 F.2d 521) (December 4, 1991) (Judge Edward R. Becker) by Here the Court rejected the defendant's contention that because he borrowed $13.75 million from a bank, that should be the measure of loss; holding that fraud loss should be based on the …

U.S. v. Carr, No. 93-1376 (3rd Cir.) (25 F.3d 1194) (June 3, 1994) (Judge Robert E. Cowen)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug-Tainted Currency

U.S. v. Carr, No. 93-1376 (3rd Cir.) (25 F.3d 1194) (June 3, 1994) (Judge Robert E. Cowen) by In this case, Judge Becker, in a concurring and dissenting opinion, expressed concern that a canine alert to a particular bundle of currency has little probative value because a substantial amount of …

U.S. v. Winston, No. 93-5936 (6th Cir.) (37 F.3d 235) (October 5, 1994) (Judge Nathaniel R. Jones)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Winston, No. 93-5936 (6th Cir.) (37 F.3d 235) (October 5, 1994) (Judge Nathaniel R. Jones) by In this case the Court held that the statute imposing an enhanced sentence for drug violation involving at least 50 grams of cocaine base (21 U.S.C. § 841(b)(1)(A)) applies only to single …