Search | Punch and Jurists

U.S. v. Markwood, No. 93-2059 (6th Cir.) (48 F.3d 975) (March 17, 1995) (Judge Boyce F. Jr. Martin)

Article • January 1, 1994

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Markwood, No. 93-2059 (6th Cir.) (48 F.3d 975) (March 17, 1995) (Judge Boyce F. Jr. Martin) by

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole)

Article • January 1, 1994

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court also held that in evaluating predisposition, the court reviews five factors: (1) the character and reputation of the defendant; (2) whether the government made the initial suggestion of criminal activity; …

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 The Court stated: "The district court relied on the calculations in the Presentence Report, which expressly stated that interest was included. The court sentenced Benton pursuant to U.S.S.G. § 2F1.1 for …

U.S. v. Miles, No. 92-9074 (5th Cir.) (10 F.3d 1135) (December 27, 1993) (Judge Rhesa Hawkins Barksdale)

Article • January 1, 1994

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Miles, No. 92-9074 (5th Cir.) (10 F.3d 1135) (December 27, 1993) (Judge Rhesa Hawkins Barksdale) by In this case the Fifth Circuit explained that the provisions of Fed.R.Crim/P. 11(e)(1) requires that judicial involvement in the plea negotiation process be limited limited to rejection of the agreement and an …

U.S. v. Miller, No. 89-6067 (6th Cir.) (910 F.2d 1321) (August 10, 1990) (Judge Ralph B Jr. Guy)

Article • January 1, 1994

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

U.S. v. Miller, No. 89-6067 (6th Cir.) (910 F.2d 1321) (August 10, 1990) (Judge Ralph B Jr. Guy) by The Court stated: "Defendant Miller challenges the district court's authority to consider statements he made to his probation officer on two grounds. First, he contends that Sentencing Guideline § 1B1.8(a) prohibits …

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Weapons

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the Court reversed, as unwarranted, a 9 year upward departure granted in a robbery case, based on USSG § 5K2.3 (Extreme Psychological Injury) and § 5K2.6 (Weapons and Dangerous Instrumentalities). Here …

U.S. v. One 1973 Rolls Royce, No. 93-1417 (3rd Cir.) (43 F.3d 794) (November 25, 1994) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. One 1973 Rolls Royce, No. 93-1417 (3rd Cir.) (43 F.3d 794) (November 25, 1994) (Judge Edward R. Becker) by This high-profile case involved a forfeiture claim by the Government to seek the forfeiture of a Rolls Royce that famed criminal defense lawyer, Oscar B. Goodman of Las Vegas, …

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings) by Here the Court held that a disparity among co-defendants' sentences is not a valid basis to challenge a guideline sentence that is otherwise correctly calculated.

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (903 F.2d 111) (May 2, 1990) (Judge Roger J. Miner)

Article • January 1, 1994

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Chestman, No. 89-1276 (2nd Cir.) (903 F.2d 111) (May 2, 1990) (Judge Roger J. Miner) by The defendant in this case appealed his convictions for securities fraud, mail fraud, perjury, and fraudulent trading in connection with a tender offer. The defendant was stockbroker and financial advisor to the …

U.S. v. Baptista-Rodriguez, No. 91-5621 (11th Cir.) (17 F.3d 1354) (April 1, 1994) (Judge Phyllis A. Kravitch)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Baptista-Rodriguez, No. 91-5621 (11th Cir.) (17 F.3d 1354) (April 1, 1994) (Judge Phyllis A. Kravitch) by In this case the Court explained the defense of public authority and limited its use to those situations in which the Government agent in fact had the authority to empower the defendant …

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall) by Here the Court held that the "against interest" requirement of Rule 804(b)(3) applies not only to confessions of criminal responsibility, but also to remarks that "tend to subject" the declarant to criminal …

U.S. v. Bates, No. 89-CR-908 (N.D.Ill.) (843 F.Supp. 437) (February 17, 1994) (Judge Richard Mills)

Article • January 1, 1994

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Bates, No. 89-CR-908 (N.D.Ill.) (843 F.Supp. 437) (February 17, 1994) (Judge Richard Mills) by This is another of the series of El Rukns cases that constitute one of the most infamous sagas in the annals of American criminal law. Here Judge Mills held that the defendants were not …

U.S. v. Nururdin, No. 92-2756 (7th Cir.) (8 F.3d 1187) (November 3, 1993) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Nururdin, No. 92-2756 (7th Cir.) (8 F.3d 1187) (November 3, 1993) (Judge John L. Coffey) by Here the Court held that the district court had not committed reversible error when it refused to dismiss four jurors for cause, two of whom were related to law enforcement officers, one …

U.S. v. Klotz, No. 91-1149 (7th Cir.) (943 F.2d 707) (September 9, 1991) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Klotz, No. 91-1149 (7th Cir.) (943 F.2d 707) (September 9, 1991) (Judge Frank H. Easterbrook) by Here the Court held that USSG § 5K1.2 (Refusal to Assist) applies only to departures from the otherwise applicable Guideline range; and thus does is irelevant to the imposition of sentences within …

U.S. v. Sanders, No. 93-10780 (9th Cir.) (41 F.3d 480) (November 23, 1994) (Judge Alfred T. Goodwin)

Article • January 1, 1994

Filed under: Punch And Jurists, Threats

U.S. v. Sanders, No. 93-10780 (9th Cir.) (41 F.3d 480) (November 23, 1994) (Judge Alfred T. Goodwin) by Although this case dealt with the standards for using the "single instance evidencing little or no deliberation" provisions of USSG § 2A6.1(b)(2), it is noted for Judge Reinhardt's dissent in which he …

U.S. v. Pimental, No. 94-50079 (9th Cir.) (34 F.3d 799) (August 30, 1994) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Pimental, No. 94-50079 (9th Cir.) (34 F.3d 799) (August 30, 1994) (Per Curiam) by Here the Court held that when the scope of a remand was limited to a single sentencing issue raised in a prior appeal, the district court was without authority to reecamine any other sentencing …

U.S. v. Valdez-Gonzalez, No. 89-10274 (9th Cir.) (957 F.2d 643) (February 19, 1992) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Valdez-Gonzalez, No. 89-10274 (9th Cir.) (957 F.2d 643) (February 19, 1992) (Judge Thomas Tang) by

U.S. v. Nichols, No. 93-50619 (9th Cir.) (40 F.3d 999) (November 15, 1994) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Federal Funds

U.S. v. Nichols, No. 93-50619 (9th Cir.) (40 F.3d 999) (November 15, 1994) (Per Curiam) by Case held that the Federal Government's sharing of seized narcotics assets is a "benefit" arising from a federal program designed to encourage cooperation in drug investigations and thus the LAPD, as a recipient of …

U.S. v. Wallach, No. 89-1544 (2nd Cir.) (935 F.2d 445) (May 31, 1991) (Judge Thomas J. Meskill)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Wallach, No. 89-1544 (2nd Cir.) (935 F.2d 445) (May 31, 1991) (Judge Thomas J. Meskill) by Case held that where Govt. was unaware of witness' perjury, new trial is warranted only if the testimony was material and court is convinced that, but for such testimony, the defendant would …

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, Estimates/Averages - Use of

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya) by In this case a witness had testified that he made approximately 80 drug-buying trips. The smallest amount of drugs he recalled buying was four ounces, or about 110 grams, and the largest …