Search | Punch and Jurists

U.S. v. Victoria-Peguero, No. 89-2189 (1st Cir.) (920 F.2d 77) (November 27, 1990) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Victoria-Peguero, No. 89-2189 (1st Cir.) (920 F.2d 77) (November 27, 1990) (Judge Bruce M. Selya) by Here the Court stated: "Where government agents are apt to be key witnesses, the trial court, particularly if seasonably requested, should ordinarily make inquiry into whether prospective jurors are inclined to have …

U.S. v. Whittaker, No. 92-1732, No. 1485 (2nd Cir.) (999 F.2d 38) (July 9, 1993) (Judge Daniel M. Friedman)

Article • January 1, 1994

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Whittaker, No. 92-1732, No. 1485 (2nd Cir.) (999 F.2d 38) (July 9, 1993) (Judge Daniel M. Friedman) by In this case the Court explained the three separate occasions upon which a previously deported alien may commit an offense in violation of the provisions of 8 U.S.C. § 1326(a). …

U.S. v. Schnitzer, No. 77-1267, No. 201 (2nd Cir.) (567 F.2d 536) (November 30, 1977) (Judge Leonard Page Moore)

Article • January 1, 1994

Filed under: Punch And Jurists, Privacy Rights

U.S. v. Schnitzer, No. 77-1267, No. 201 (2nd Cir.) (567 F.2d 536) (November 30, 1977) (Judge Leonard Page Moore) by Appellant sought review of an order of the United States District Court for the Eastern District of New York, which denied his motion for an order to expunge his arrest …

U.S. v. Blount, No. 93-30327 (9th Cir.) (34 F.3d 865) (September 6, 1994) (Judge Robert Boochever)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Blount, No. 93-30327 (9th Cir.) (34 F.3d 865) (September 6, 1994) (Judge Robert Boochever) by This case involved a felony prosecution for "tree spiking" on federal lands, under a statute that made the act a felony if damages exceeded $10,000 and provided for a misdemeanor charge if damages …

Bacon v. U.S., No. 71-1826 (9th Cir.) (449 F.2d 933) (September 30, 1971) (Judge Benjamin Cushing Duniway)

Article • January 1, 1994

Filed under: Punch And Jurists, Material Witness Statute

Bacon v. U.S., No. 71-1826 (9th Cir.) (449 F.2d 933) (September 30, 1971) (Judge Benjamin Cushing Duniway) by In this case, the U. S. attorney in the state of Washington swore out a material witness complaint alleging that defendant had personal knowledge of matters material to a grand jury investigation …

U.S. v. Davis, No. Crim.A. 1:93-CR-0234 (JOF) (N.D.Ga.) (864 F.Supp. 1303) (August 26, 1994) (Judge J. Owen Forrester)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Davis, No. Crim.A. 1:93-CR-0234 (JOF) (N.D.Ga.) (864 F.Supp. 1303) (August 26, 1994) (Judge J. Owen Forrester) by In one of the most detailed scientific studies we have seen, the Court found no meaningless distinction between crack and powdered cocaine that thus held that the penalty provisions of 21 …

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, Dismissal

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 if the first indictment is dismissed without prejudice on the government's motion, the statutory time limit is merely suspended until a new indictment is returned; the 70-day …

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew) by This case is noted for its discussion of the scope of the amendments to the Federal restitution statutes in 1990, following the Supreme Court's Hughey decision, and its affirmance of the principle …

U.S. v. Chaplin, No. 93-2942 (7th Cir.) (25 F.3d 1373) (June 6, 1994) (Judge Kenneth F. Ripple)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Chaplin, No. 93-2942 (7th Cir.) (25 F.3d 1373) (June 6, 1994) (Judge Kenneth F. Ripple) by This case is noted for its discussion of the common law "two witness" rule which developed in England in the seventeenth century and which applied to crimes of perjury. Under that rule, …

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein) by In this case Judge Weinstein addressed the mens rea issues involved in the sentencing of two drug mules who were caught bringing drugs into the country. The drugs had been ingested by …

U.S. v. Santiago, No. 90-2180 (10th Cir.) (977 F.2d 517) (October 13, 1992) (Judge Jim R. Carrigan)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Santiago, No. 90-2180 (10th Cir.) (977 F.2d 517) (October 13, 1992) (Judge Jim R. Carrigan) by In this case the defendant fraudulently filed a claim of $11,000 with his insurance company. However, the market value of the car that he falsely claimed was stolen was only $4,800, which …

U.S. v. Antonelli Fireworks Co., No. 192 (2nd Cir.) (155 F.2d 631) (May 2, 2046) (Judge Charles Edward Clark)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Antonelli Fireworks Co., No. 192 (2nd Cir.) (155 F.2d 631) (May 2, 2046) (Judge Charles Edward Clark) by

U.S. v. Doe, No. Cr. A. No. CR 93-XXX-A (E.D.Va.) (870 F.Supp. 702) (December 19, 1994) (Judge Thomas Selby III Ellis)

Article • January 1, 1994

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Doe, No. Cr. A. No. CR 93-XXX-A (E.D.Va.) (870 F.Supp. 702) (December 19, 1994) (Judge Thomas Selby III Ellis) by The defendant in this case was a convicted heroin trafficker who possessed information about another heroin trafficker, but who feared that his information would not be sufficiently helpful …

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by In this case the Court held that where there is inconsistent and disputed evidence, the district court must conduct a sufficiently searching inquiry into the Government's evidence to ensure its probable accuracy. …

U.S. v. Condren, No. 92-9017 (5th Cir.) (18 F.3d 1190) (March 31, 1994) (Judge Rhesa Hawkins Barksdale)

Article • January 1, 1994

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

U.S. v. Condren, No. 92-9017 (5th Cir.) (18 F.3d 1190) (March 31, 1994) (Judge Rhesa Hawkins Barksdale) by In this case the defendant's home was searched pursuant to a warrant obtained after he had sold crack cocaine to an undercover officer. The search revealed a loaded firearm in a desk …

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, Entrapment Defense - Effects of Asserting

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court stated: "We note that the district court could not have found that Davis had not accepted responsibility solely because he presented an entrapment defense at trial. In United States v. …

U.S. v. Ibarra, No. 91-2922 (5th Cir.) (965 F.2d 1354) (June 30, 1992) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Ibarra, No. 91-2922 (5th Cir.) (965 F.2d 1354) (June 30, 1992) (Per Curiam) by In his dissent, Judge Jolly (joined by six other judges) stated: "I would affirm the district court because the law enforcement officers breached the Fourth Amendment when they interpreted Robert Franklin Chambers' simple consent …

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin) by The Court held that Judge Weinstein's finding that the defendant could not have reasonably foreseen the amount of heroin in her possession was clearly erroneous, and his refusal to apply …

Chacon v. Wood, No. 92-35454 (9th Cir.) (36 F.3d 1459) (September 7, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Mootness, Punch And Jurists

Chacon v. Wood, No. 92-35454 (9th Cir.) (36 F.3d 1459) (September 7, 1994) (Judge Stephen Reinhardt) by Here the Court held that a habeas petition challenging the underlying conviction is never moot simply because, subsequent to its filing, the petitioner has been released from custody, because there are collateral consequences …

U.S. v. Galbraith, No. 92-4103 (10th Cir.) (20 F.3d 1054) (February 17, 1994) (Judge Deanell R. Tacha)

Article • January 1, 1994

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Galbraith, No. 92-4103 (10th Cir.) (20 F.3d 1054) (February 17, 1994) (Judge Deanell R. Tacha) by Case held that defendant's base-offense level could not be enhanced based on intended loss, where as participant in undercover sting operation involving sale of stock to nonexistent pension fund, he was incapable …