Search | Punch and Jurists

U.S. v. Mohney, No. 90-1527 (6th Cir.) (949 F.2d 1397) (November 27, 1991) (Judge James L. Ryan)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Mohney, No. 90-1527 (6th Cir.) (949 F.2d 1397) (November 27, 1991) (Judge James L. Ryan) by While the Court held that compelled juridical use immunity would raise separation of powers concerns, it did acknowledge that "selective grants of immunity could violate due process where they produce egregiuosly lopsided …

Hale v. Arizona, No. 88-15785 (9th Cir.) (993 F.3d 1387) (May 4, 1993) (Judge Pamela Ann Rymer)

Article • January 1, 1994

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Hale v. Arizona, No. 88-15785 (9th Cir.) (993 F.3d 1387) (May 4, 1993) (Judge Pamela Ann Rymer) by In his dissent, Judge Norris stated: "The majority's analysis seems to boil down to the proposition that as long as Arizona law forces prisoners to work, the prisoners do not have to …

U.S. v. Johnson, No. 93-5071 (6th Cir.) (27 F.3d 1186) (July 12, 1994) (Judge James L. Ryan)

Article • January 1, 1994

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

U.S. v. Johnson, No. 93-5071 (6th Cir.) (27 F.3d 1186) (July 12, 1994) (Judge James L. Ryan) by Case is noted for the Court's adknowledgment that other crimes evidence "unquestionably has a powerful and prejudicial impact. That, of course, is why the prosecution uses such evidence whenever it can.". Here …

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant) by While court approved enhancements under §§ 2B1.1 and 3B1.1, it also held that double counting is permissible unless expressly excluded by the Guidelines or unless "a compelling basis exists for implying such …

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

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

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the government argued that, by dealing with a man named Marquez--who was known by each of his co-defendants to be a large-scale drug dealer--each defendant supported and thus conspired …

Henthorn v. Department of Navy, No. 92-5382 (D.C. Cir.) (29 F.3d 362) (July 22, 1994) (Judge David B. Sentelle)

Article • January 1, 1994

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Henthorn v. Department of Navy, No. 92-5382 (D.C. Cir.) (29 F.3d 362) (July 22, 1994) (Judge David B. Sentelle) by The Court held that "a prerequisite to finding that an inmate has "employee" status under the FLSA is that the prisoner has freely contracted with a non-prison employer to sell …

U.S. v. Kikumura, No. 88-166 (D.N.J.) (706 F.Supp. 331) (February 10, 1989) (Judge Alfred J. Jr. Lechner)

Article • January 1, 1994

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

U.S. v. Kikumura, No. 88-166 (D.N.J.) (706 F.Supp. 331) (February 10, 1989) (Judge Alfred J. Jr. Lechner) 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. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis)

Article • January 1, 1994

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Gaudet, No. 91-3647 (5th Cir.) (966 F.2d 959) (July 10, 1992) (Judge W. Eugene Davis) by Here the Court held that the failure of the defendant to raise on a timely basis the anti-alienation provisions of ERISA as a bar to court's order to relinquish a pension fund …

U.S. v. Medina, No. 91-1852 (6th Cir.) (992 F.2d 573) (April 12, 1993) (Judge Ralph B Jr. Guy)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Medina, No. 91-1852 (6th Cir.) (992 F.2d 573) (April 12, 1993) (Judge Ralph B Jr. Guy) by

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 …

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Punch And Jurists, Strickland Standard

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook) by In this case, peitioner Richard E. Lane was convicted of murder in 1986. On November 18, 1986, the court appointed a public defender, one Darrolyn A. Ross, to represent him on his …

U.S. v. Wise, No. 90-1070 (8th Cir.) (976 F.2d 393) (September 17, 1992) (Judge Roger L. Wollman)

Article • January 1, 1994

Filed under: Punch And Jurists, Reliability of Evidence

U.S. v. Wise, No. 90-1070 (8th Cir.) (976 F.2d 393) (September 17, 1992) (Judge Roger L. Wollman) by This case is particularly noted for the dissent by Judge Richard S. Arnold who assailed the courts' near-automatic acceptance of all statements contained in the presentence reports prepared by the Probation Department. …

Brown v. Perrill, No. 93-1381 (10th Cir.) (28 F.3d 1073) (July 15, 1995) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Credits

Brown v. Perrill, No. 93-1381 (10th Cir.) (28 F.3d 1073) (July 15, 1995) (Per Curiam) by The defendant in this case sought a credit against his federal sentence for time spent in a federal prison pursuant to writ of habeas corpus ad prosequendum (some 19 months) while awaiting trial and …

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste)

Article • January 1, 1994

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste) by Although the Court did not refer specifically to language like possession "in furtherance of," or "in relation to," it held that when (1) the weapon is readily available; (2) for the protection …

U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed)

Article • January 1, 1994

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed) by

U.S. v. Pimentel, No. 90-1537 (2nd Cir.) (932 F.2d 1029) (May 2, 1991) (Judge James L. Oakes)

Article • January 1, 1994

Filed under: Punch And Jurists, Pimentel Letters

U.S. v. Pimentel, No. 90-1537 (2nd Cir.) (932 F.2d 1029) (May 2, 1991) (Judge James L. Oakes) by In this case, two defendants who had been arrested after trafficking one kilogram of cocaine were convicted of a narcotics conspiracy. According to § 2D1.4 of the November 1989 revision of the …

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen)

Article • January 1, 1994

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen) by In this case, the Third Circuit held that a defendant's prior conviction following a jury trial for wire fraud could not give rise to collateral estoppel to prevent relitigation of the same …

U.S. v. Romolo, No. 90-2187 (1st Cir.) (937 F.2d 20) (June 28, 1991) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Romolo, No. 90-2187 (1st Cir.) (937 F.2d 20) (June 28, 1991) (Judge Bruce M. Selya) by Here the Court held that "The simple, unvarnished fact remains that, without a government motion, a sentencing court cannot depart downward under U.S.S.G. § 5K1.1, despite meanspiritedness, or even arbitrariness, on the …

U.S. v. Savage, No. 91-50490 (9th Cir.) (978 F.2d 1136) (November 3, 1992) (Judge Thomas G. Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Withdrawal

U.S. v. Savage, No. 91-50490 (9th Cir.) (978 F.2d 1136) (November 3, 1992) (Judge Thomas G. Nelson) by Here the Court firmly held that neither party was bound by a plea agreement until that agreement was accopted by the court and thus until that time "a defendant is free to …

U.S. v. Gengo, No. 86-1263, Bo. 114 (2nd Cir.) (808 F.2d 1) (December 22, 1986) (Judge Irving R. Kaufman)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Gengo, No. 86-1263, Bo. 114 (2nd Cir.) (808 F.2d 1) (December 22, 1986) (Judge Irving R. Kaufman) by Case held that a superseding indictment will relate back to the date of the original indictment only if the superseding indictment does not "broaden or substantially amend the original indictment." …