Search | Punch and Jurists

U.S. v. Hollingsworth, No. 92-2399 (7th Cir.) (27 F.3d 1196) (June 2, 1994) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Hollingsworth, No. 92-2399 (7th Cir.) (27 F.3d 1196) (June 2, 1994) (Judge Richard A. Posner) by In this case a sharply divided en banc Court attempted to "clarify" the meaning of predisposition - the critical issue to be determined when a person claims the defense of entrapment. In …

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (10 F.3d 700) (November 4, 1993) (Judge Wade Brorby)

Article • January 1, 1994

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

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (10 F.3d 700) (November 4, 1993) (Judge Wade Brorby) by Here the Court held that the anti-alienation provisions of ERISA (29 USC § 1056(d)(1)) do not prohibit assignment or alienation of pension benefits that have actually been distributed under …

U.S. v. Belanger, No. 91-3070 (7th Cir.) (970 F.2d 416) (August 12, 1992) (Judge Michael S. Kanne)

Article • January 1, 1994

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Belanger, No. 91-3070 (7th Cir.) (970 F.2d 416) (August 12, 1992) (Judge Michael S. Kanne) by The Court stated: "The government timely filed two notices which taken together signify its intent to seek an enhanced penalty. The first filing stated that a sentencing enhancement would be sought but …

U.S. v. Jewell, No. 74-2832 (9th Cir.) (532 F.2d 697) (February 27, 1976) (Judge James R. Browning)

Article • January 1, 1994

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Jewell, No. 74-2832 (9th Cir.) (532 F.2d 697) (February 27, 1976) (Judge James R. Browning) by This is the case that gave rise to the Ninth Circuit's "Jewell" or "deliberate ignorance" instruction to the jury to satisfy the knowledge of illegality of many criminal statutes. In this case, …

U.S. v. Saccoccia, No. 93-50624 (9th Cir.) (18 F.3d 795) (March 11, 1994) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Saccoccia, No. 93-50624 (9th Cir.) (18 F.3d 795) (March 11, 1994) (Judge Cynthia Holcomb Hall) by Despite having been earlier sentenced to 660 months in prison by the Rhode Island district court for essentially the same crime, the Court held that a new California prosecution did not violate …

U.S. v. Datcher, No. 3:92-00054 (M.D.Tenn.) (830 F.Supp. 411) (September 8, 1993) (Judge Thomas A. Jr. Wiseman)

Article • January 1, 1994

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Datcher, No. 3:92-00054 (M.D.Tenn.) (830 F.Supp. 411) (September 8, 1993) (Judge Thomas A. Jr. Wiseman) by Powerful and brilliant decision in which Judge Wiseman argued that jury nullification has a long tradition and serves the purpose of defeating overly harsh punishments. Although Judge Wiseman's decision in this case …

McCormick v. Peterson, No. CV93-2157 (E.D.N.Y.) (1993 WL 566334) (December 1, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: First Amendment, Punch And Jurists

McCormick v. Peterson, No. CV93-2157 (E.D.N.Y.) (1993 WL 566334) (December 1, 1993) (Judge Jack B. Weinstein) by It is not surprising that this brief decision was never published - and is therefore generally unavailable as a precedent in most courts. A taxpayer filed his tax return by signing it "under …

U.S. v. Prendergast, No. 91-3637 (8th Cir.) (979 F.2d 1289) (November 6, 1992) (Judge David R. Hansen)

Article • January 1, 1994

Filed under: Punch And Jurists, Alcohol - Prohibition on use of

U.S. v. Prendergast, No. 91-3637 (8th Cir.) (979 F.2d 1289) (November 6, 1992) (Judge David R. Hansen) by The Court stated: "Although a sentencing judge is given wide discretion in imposing terms of supervised release, United States v. Schoenrock, 868 F.2d 289, 291 (8th Cir.1989) (citation omitted), the terms imposed …

U.S. v. Marlatt, No. 93-3855 (7th Cir.) (24 F.3d 1005) (May 20, 1994) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Consequential Damages

U.S. v. Marlatt, No. 93-3855 (7th Cir.) (24 F.3d 1005) (May 20, 1994) (Judge Richard A. Posner) by Case held that held that the $565,000 spent by the title insurance company in purchasing insured condominium units was not a "loss" caused by defendant's fraud for purposes of the fraud Guidelines …

U.S. v. Boyd, No. 89 CR 908 (N.D.Ill.) (833 F.Supp. 1277) (September 20, 1993) (Judge Marvin E. Aspen)

Article • January 1, 1994

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Boyd, No. 89 CR 908 (N.D.Ill.) (833 F.Supp. 1277) (September 20, 1993) (Judge Marvin E. Aspen) by In 1989, two indictments were filed against 65 alleged members of a Chicago street gang known as the El Rukn's gang. One court described the first of those indictments as follows: …

Tabron v. Grace, No. Civ.A. No. 1:CV-89-0633 (M.D.Pa.) (898 F.Supp. 293) (September 28, 1995) (Judge Sylvia H. Rambo)

Article • January 1, 1994

Filed under: Punch And Jurists, Prejudice - Potential for Undue

Tabron v. Grace, No. Civ.A. No. 1:CV-89-0633 (M.D.Pa.) (898 F.Supp. 293) (September 28, 1995) (Judge Sylvia H. Rambo) by The incarcerated defendant brought a civil rights case under 42 U.S.C. § 1983 and he sought an order precluding the defendants from introducing into evidence his criminal convictions. Surprisingly, Judge Rambo …

U.S. v. Garcia, No. 91-50642 (9th Cir.) (37 F.3d 359) (October 4, 1994) (Judge Proctor Jr. Hug)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Garcia, No. 91-50642 (9th Cir.) (37 F.3d 359) (October 4, 1994) (Judge Proctor Jr. Hug) by The Court observed: "Garcia's jury was charged with determining whether he was guilty of conspiring to commit the narcotics charges or whether he was guilty of conspiring to use communication facilities to …

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Conditions

U.S. v. Joseph, No. 89-3301 (6th Cir.) (914 F.2d 780) (September 19, 1990) (Per Curiam) by Case held that under Victim and Witness Protection Act, court could not require defendant to execute consent judgment or otherwise require him to secure payment of restitution "during and after the period of probation.".

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (39 F.3d 1078) (November 1, 1994) (Judge Wade Brorby)

Article • January 1, 1994

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

Guidry v. Sheet Metal Workers Intn'l Assoc., No. 92-1018 (10th Cir.) (39 F.3d 1078) (November 1, 1994) (Judge Wade Brorby) by Upon rehearing a panel's previous decision (reported at 10 F.3d 700) en banc, the Court again addressed the issue of whether the anti-alienation provision of the Employee Retirement Income …

U.S. v. Garcia-Emanuel, No. 91-5131 (10th Cir.) (14 F.3d 1469) (January 25, 1994) (Judge Monroe G. McKay)

Article • January 1, 1994

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Garcia-Emanuel, No. 91-5131 (10th Cir.) (14 F.3d 1469) (January 25, 1994) (Judge Monroe G. McKay) by In this case the Court held that there was insufficient evidence to convict the defendant for certain of the charged crrimes under 18 USC § 1956(a)(1)(B)(I), emphasizing that the evidence of concealment …

Brown v. Perrill, No. 93-1381 (10th Cir.) (21 F.3d 1073) (April 11, 1994) (Judge Oliver Seth)

Article • January 1, 1994

Filed under: Punch And Jurists, Credits

Brown v. Perrill, No. 93-1381 (10th Cir.) (21 F.3d 1073) (April 11, 1994) (Judge Oliver Seth) by Case held that petitioner was entitled to credit for 562 days spent while he was released from a California state prison to federal authorities on a writ of habeas corpus ad prosequendum, even …

U.S. v. Curran, No. 90-1181 (1st Cir.) (926 F.2d 59) (February 14, 1991) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Curran, No. 90-1181 (1st Cir.) (926 F.2d 59) (February 14, 1991) (Judge Juan R. Torruella) by Although the Court held that Rule 32 does not apply to information outside the presentence report, the Court did vacte the defendant's sentence which was based in part on ex parte victims' …

U.S. v. Dring, No. 89-10250 (9th Cir.) (930 F.2d 687) (April 4, 1991) (Judge Herbert Y.C. Choy)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Dring, No. 89-10250 (9th Cir.) (930 F.2d 687) (April 4, 1991) (Judge Herbert Y.C. Choy) by here the Court held that in order to obtain a reversal of his convicttion based on the Government's removal of potential defense witnesses, the defendant must show that the Government acted in …

U.S. v. Stevens, No. 89-2736 (8th Cir.) (918 F.2d 1383) (November 21, 1990) (Judge Gerald W. Heaney)

Article • January 1, 1994

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

U.S. v. Stevens, No. 89-2736 (8th Cir.) (918 F.2d 1383) (November 21, 1990) (Judge Gerald W. Heaney) by In this case, the defendant faced a jury trial for a drug conspiracy involving approximately 150 pounds of marijuana. Shortly before his trial commenced, the government brought new charges for possession of …

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, Instant Offense

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 than an obstruction of justice enhancment under USSG § 3C1.1 does not apply to a refusal to testify at a coconspirator's trial because the term "instant offense" can …