Search | Punch and Jurists

U.S. v. Swigert, No. 93-1943 (7th Cir.) (18 F.3d 443) (March 8, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Swigert, No. 93-1943 (7th Cir.) (18 F.3d 443) (March 8, 1994) (Judge Ilana Diamond Rovner) by Here a plea agreement obligated the court to impose a sentence of incarceration; and the Court rejected the defendant's contention that it permitted community confinement or home detention holding that they are …

U.S. v. Reyes, No. 93-6149 (10th Cir.) (40 F.3d 1148) (November 23, 1994) (Judge David M. Ebel)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Reyes, No. 93-6149 (10th Cir.) (40 F.3d 1148) (November 23, 1994) (Judge David M. Ebel) by In this case the defendant pleaded guilty to one count of possessing with intent to distribute approximately three kilograms of cocaine. At sentencing, however, the district court found that the defendant had …

U.S. v. Covarrubia, No. 94-161 MV (D.N.M.) (911 F.Supp. 1409) (September 2, 1994) (Judge Martha Vazquez)

Article • January 1, 1994

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Covarrubia, No. 94-161 MV (D.N.M.) (911 F.Supp. 1409) (September 2, 1994) (Judge Martha Vazquez) by United States v. Covarrubia, 911 F.Supp. 1409 (D.N.M. 1994) (Judge Vazquez) United States v. Carrillo-Bernal, 912 F.Supp. 488 (D.N.M. 1994) (Judge Vazquez) When one reads these two decisions, it will become clear why …

U.S. v. Cook, No. Crim.A. No. 84-CR-293 (D.Colo.) (628 F.Supp. 38) (August 27, 1985) (Judge John P. Moore)

Article • January 1, 1994

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. Cook, No. Crim.A. No. 84-CR-293 (D.Colo.) (628 F.Supp. 38) (August 27, 1985) (Judge John P. Moore) by

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld) by

U.S. v. Monsanto, No. 87-1397, No. 436 (2nd Cir.) (924 F.2d 1186) (January 9, 1991) (Judge J. Daniel Mahoney)

Article • January 1, 1994

Filed under: Punch And Jurists, "Extraordinary Circumstances" Test

U.S. v. Monsanto, No. 87-1397, No. 436 (2nd Cir.) (924 F.2d 1186) (January 9, 1991) (Judge J. Daniel Mahoney) by In this case, the Second Circuit, sitting en banc, reviewed on remand the Supreme Court's decision in U.S. v. Monsanto, 491 U.S. 600, 109 S. Ct. 2657, 105 L. Ed. …

U.S. v. Garza-Juarez, No. 92-10187 (9th Cir.) (992 F.2d 896) (April 23, 1993) (Judge Ruggero J. Aldisert)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Garza-Juarez, No. 92-10187 (9th Cir.) (992 F.2d 896) (April 23, 1993) (Judge Ruggero J. Aldisert) by Here the Court held that a downward departure may be warranted "when government agents use persuasion alone, not threats" - calling such tactics "imperfect entrapment." (Id., at 912).

U.S. v. Self, No. 90-CR-126G (D.Utah) (818 F.Supp. 1442) (November 24, 1992) (Judge J. Thomas Greene)

Article • January 1, 1994

Filed under: Punch And Jurists, Criminal Justice Act Fees

U.S. v. Self, No. 90-CR-126G (D.Utah) (818 F.Supp. 1442) (November 24, 1992) (Judge J. Thomas Greene) by In this case the Court rejected as unreasonable a portion of the fees and expenses submitted by appointed counsel, stating: "In determining the total amount of reasonable time and expense, it is necessary …

U.S. v. Lim, No. 92-10078 (9th Cir.) (984 F.2d 331) (February 27, 1993) (Judge Harry Pregerson)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Dealer/Courier Profile

U.S. v. Lim, No. 92-10078 (9th Cir.) (984 F.2d 331) (February 27, 1993) (Judge Harry Pregerson) by Case noted that drug courier profile evidence is extremely prejudicial and may be used only in limited circumstances, "such as to establish modus operandi in exceptional cases." (Id., at 335).

U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse) by Case held that a district court may not grant a downward departure in anticipation of a defendant's possible post-imprisonment, pre-deportation confinement. See also U.S. v. Ogbondah, 16 F.3d 498 (2nd …

U.S. v. Maxwell, No. 92-6349 (11th Cir.) (34 F.3d 1006) (October 7, 1994) (Judge Thomas A. Clark)

Article • January 1, 1994

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Maxwell, No. 92-6349 (11th Cir.) (34 F.3d 1006) (October 7, 1994) (Judge Thomas A. Clark) by The Court stated: "We do not think that two offenses constitute a single course of conduct simply because they both involve drug distribution. To so conclude would be, in the words of …

U.S. v. $91,960.00, No. 89-1335 (8th Cir.) (897 F.2d 1457) (March 14, 1990) (Judge Myron H. Bright)

Article • January 1, 1994

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. $91,960.00, No. 89-1335 (8th Cir.) (897 F.2d 1457) (March 14, 1990) (Judge Myron H. Bright) by Here the Eighth Circuit held that post-complaint evidence is not admissible when the Government is seeking to establish probable cause for a forfeiture hearing.

U.S. v. Restrepo, No. 88-3207 (9th Cir.) (946 F.3d 654) (October 4, 1991) (Judge Charles E. Wiggins)

Article • January 1, 1994

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Restrepo, No. 88-3207 (9th Cir.) (946 F.3d 654) (October 4, 1991) (Judge Charles E. Wiggins) by In this case the Court recognized that "when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction", the Government may have to satisy a …

U.S. v. Kojayan, No. 91-50875 (9th Cir.) (8 F.3d 1315) (August 4, 1993) (Judge Alex Kozinski)

Article • January 1, 1994

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Kojayan, No. 91-50875 (9th Cir.) (8 F.3d 1315) (August 4, 1993) (Judge Alex Kozinski) by In a scathing condemnation of the Government's prosecutorial misconduct, the Court remanded the case back to the district court to determine whether the entire case should be dismissed for prosecutorial misconduct. Here the …

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Poff, No. 89-3017 (7th Cir.) (926 F.3d 588) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the district court sentenced the defendant, who had incurred numerous convictions for threatening presidents and a prosecutor while suffering from mental illness, to imprisonment for 51 months as a …

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Physical Condition

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella) by Here the First Circuit upheld the district court's refusal to depart because "there was no indication . . . that [defendants's] life would be threatened or shortened by virtue of being incarcerated... …

Mora v. U.S., No. 91-2225, No. 318 (2nd Cir.) (955 F.2d 156) (January 22, 1992) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Return/Retention of Property

Mora v. U.S., No. 91-2225, No. 318 (2nd Cir.) (955 F.2d 156) (January 22, 1992) (Judge Richard J. Cardamone) by Here the Court reversed the district court's ruling that the petitioner was not entitled to a remedy under Rule 41(e) for the return of property that the Government had lost, …

U.S. v. Rose, No. 88-3017 (7th Cir.) (881 F.2d 386) (August 1, 1989) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rose, No. 88-3017 (7th Cir.) (881 F.2d 386) (August 1, 1989) (Judge Richard A. Posner) by

U.S. v. Abanatha, No. 02-2916EA (8th Cir.) (999 F.2d 1246) (July 26, 1993) (Judge Richard S. Arnold)

Article • January 1, 1994

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

U.S. v. Abanatha, No. 02-2916EA (8th Cir.) (999 F.2d 1246) (July 26, 1993) (Judge Richard S. Arnold) by The Court agreed with one defendant's contention that it was improper for the presentence report to contain information that was provided by the defendant pursuant to an immunity agreement under U.S.S.G. § …

U.S. v. Goff, No. 91-4031 (6th Cir.) (6 F.3d 363) (September 20, 1993) (Judge James L. Ryan)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Goff, No. 91-4031 (6th Cir.) (6 F.3d 363) (September 20, 1993) (Judge James L. Ryan) by Here the Court held that the Guidelines permitted no chance of mercy to reduce the sentence of a wheel-chair bound wuadriplegic convicted of drug crimes from the mandatory minimum - but see …