Search | Punch and Jurists

U.S. v. Watkins, No. 92-5830 (6th Cir.) (994 F.2d 1192) (June 1, 1993) (Judge Albert J. Engel)

Article • January 1, 1994

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

U.S. v. Watkins, No. 92-5830 (6th Cir.) (994 F.2d 1192) (June 1, 1993) (Judge Albert J. Engel) by The Court held that there are three limitations of the broad reach of the "intended loss" rule - the second of which was "that the intended loss must have been possible to …

U.S. v. Skarie, No. 91-50007 (9th Cir.) (971 F.2d 317) (July 28, 1992) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Skarie, No. 91-50007 (9th Cir.) (971 F.2d 317) (July 28, 1992) (Judge Dorothy Wright Nelson) by This is one of those rare cases in which a drug conviction was vacated because the court found that the Government had failed to prove that the defendant had the required "predisposition" …

U.S. v. Daniels, No. 89-2014 (7th Cir.) (902 F.2d 1238) (May 10, 1990) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Consent

U.S. v. Daniels, No. 89-2014 (7th Cir.) (902 F.2d 1238) (May 10, 1990) (Judge Richard A. Posner) by In this case the Seventh Circuit expressed valid concerns about implying consent merely because a prisoner has notice of phone call monitoring; although it ultimately approved the use of such evidence. "The …

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards)

Article • January 1, 1994

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Chatman, No. 91-3294 (D.C. Cir.) (986 F.3d 1446) (March 16, 1993) (Judge Harry T. Edwards) by In this bank robbery case, the D.C. Circuit relied extensively on Judge Easterbrook's dissent in U.S. v. Poff, 926 F.3d 588 (7th Cir. 1991). While it generally followed the Poff dissent, the …

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).

U.S. v. Boshell, No. 90-30115 (9th Cir.) (952 F.2d 1101) (December 20, 1991) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Boshell, No. 90-30115 (9th Cir.) (952 F.2d 1101) (December 20, 1991) (Judge Dorothy Wright Nelson) by Case is noted for its holding that a sentencing judge may depart to take account that co-defendants received disparate treatment, some being sentenced under the Guidelines and some under the old law.

U.S. v. Collins, No. 93-1670 (5th Cir.) (40 F.3d 95) (December 2, 1994) (Judge Henry A. Politz)

Article • January 1, 1994

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Collins, No. 93-1670 (5th Cir.) (40 F.3d 95) (December 2, 1994) (Judge Henry A. Politz) by In this case the Fifth Circuit refused to apply the Hobbs Act (18 U.S.C. § 1951(a) to the robbery of an automobile and a cellular telephone from a computer company executive, even …

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski)

Article • January 1, 1994

Filed under: Punch And Jurists

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski) by "More than once the judges of a court have been indirectly reminded that they personally are taxpayers. No sophisticated person is unaware that even in this very Commonwealth the …

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (826 F.2d 310) (August 21, 1987) (Judge W. Eugene Davis)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (826 F.2d 310) (August 21, 1987) (Judge W. Eugene Davis) by

U.S. v. Casamento, No. 87-1294 (2nd Cir.) (887 F.3d 1141) (October 11, 1989) (Judge Lawrence Warren Pierce)

Article • January 1, 1994

Filed under: Punch And Jurists, Mega-Trials

U.S. v. Casamento, No. 87-1294 (2nd Cir.) (887 F.3d 1141) (October 11, 1989) (Judge Lawrence Warren Pierce) by Here the Court suggested that "megatrials" in RICO cases are inherently unfair and should not be permitted and that there is a presumption against such megatrials if they can be expected to …

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez)

Article • January 1, 1994

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by In this case the Court ruled that the district court had erred by concluding that it did not have the authority to grant a sentence departure based on aberrant conduct - but …

U.S. v. Kipp, No. 92-30302 (9th Cir.) (10 F.3d 1463) (December 2, 1993) (Judge A. Wallace Tashima)

Article • January 1, 1994

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Kipp, No. 92-30302 (9th Cir.) (10 F.3d 1463) (December 2, 1993) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to possession with intent to distribute approximately 117.25 grams of cocaine. In the plea agreement, the parties expressly reserved the right to argue the amount …

U.S. v. Quinn, No. 92-10452 (9th Cir.) (18 F.3d 1466) (March 17, 1994) (Judge Mary M. Schroeder)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Quinn, No. 92-10452 (9th Cir.) (18 F.3d 1466) (March 17, 1994) (Judge Mary M. Schroeder) by In discussing the use of "identity" evidence, the Court held that the prior crime must be "so similar in their circumstances as to guarantee a reasonable liklihood that they were committed by …

U.S. v. Willoughby, No. 92-3611 (7th Cir.) (27 F.3d 263) (June 17, 1994) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Willoughby, No. 92-3611 (7th Cir.) (27 F.3d 263) (June 17, 1994) (Judge Joel L. Flaum) by Here the Court held that an indictment that charged a violation of 18 USC § 924(c) by identifying a specific drug trafficking offense rendered that specified offense an essential element of the …

U.S. v. Roberts, No. 89-0033(HHG) (D.D.C.) (726 F.Supp. 1359) (November 16, 1989) (Judge Harold H. Greene)

Article • January 1, 1994

Filed under: Punch And Jurists, Charging Decisions

U.S. v. Roberts, No. 89-0033(HHG) (D.D.C.) (726 F.Supp. 1359) (November 16, 1989) (Judge Harold H. Greene) by "In the area of drug offenses, if an individual is arrested in possession of what may be termed a medium amount of cocaine base (crack), say, about two ounces (56 grams), the prosecutor …

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse) by Landmark case which established need for a "Curcio" hearing when defendant asserts right to be represented by attorney of his choice despite conflict of interest so court can determine is …

U.S. v. Olano, No. 87-3128 (9th Cir.) (934 F.3d 1425) (May 31, 1991) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Jurors - Alternates

U.S. v. Olano, No. 87-3128 (9th Cir.) (934 F.3d 1425) (May 31, 1991) (Judge Stephen Reinhardt) by Case held that the presence of alternate jurors in the jury room during deliberations was "inherently prejudicial" and court granted a new trial even though defendants had not lodged contemporaneous objections.

U.S. v. Martinez-Cortez, No. 89-50665 (9th Cir.) (924 F.2d 921) (January 30, 1991) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Prison Conditions

U.S. v. Martinez-Cortez, No. 89-50665 (9th Cir.) (924 F.2d 921) (January 30, 1991) (Per Curiam) by Here the Court rejected a broad challenge to the Guidelines on the grounds that they have created an increase in the size of the prison population that is not in compliance with 28 USC …

U.S. v. Sanchez, No. 91-1723, No. 1140 (2nd Cir.) (969 F.2d 1409) (July 20, 1992) (Judge Roger J. Miner)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Sanchez, No. 91-1723, No. 1140 (2nd Cir.) (969 F.2d 1409) (July 20, 1992) (Judge Roger J. Miner) by Here, despite (or maybe because of) scathing criticism by Judge Martin of the inconsistencies in the Government's evidence, the Court held that his grant of a new trial was a …

U.S. v. Andrews, No. 89 CR 908-1-1-12 (N.D.Ill.) (824 F.Supp. 1273) (June 14, 1993) (Judge Suzanne B. Conlon)

Article • January 1, 1994

Filed under: Punch And Jurists, Outrageous Government Misconduct

U.S. v. Andrews, No. 89 CR 908-1-1-12 (N.D.Ill.) (824 F.Supp. 1273) (June 14, 1993) (Judge Suzanne B. Conlon) by In 1989, two indictments were filed against 65 alleged members of a Chicago street gang known as the El Rukn gang. One court described the first of those indictments as follows: …