Search | Punch and Jurists

U.S. v. Canada, No. 91-1691 (1st Cir.) (960 F.2d 263) (April 2, 1992) (Judge Levin H. Campbell)

Article • January 1, 1994

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Canada, No. 91-1691 (1st Cir.) (960 F.2d 263) (April 2, 1992) (Judge Levin H. Campbell) by In this case, the Court held that an AUSA had violated the tems of a plea agreement when she "never . . . Affirmatively recommended a 36-month sentence and her comments seemed …

U.S. v. Garcia (1st Cir.) (698 F.2d 31) (January 17, 1983) (Judge Frank M. Coffin)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Garcia (1st Cir.) (698 F.2d 31) (January 17, 1983) (Judge Frank M. Coffin) by

U.S. v. Sowa, No. 93-3833 (7th Cir.) (34 F.3d 447) (August 30, 1994) (Judge William J. Bauer)

Article • January 1, 1994

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Sowa, No. 93-3833 (7th Cir.) (34 F.3d 447) (August 30, 1994) (Judge William J. Bauer) by Here the Court explained that "once the defendant has proven actual and substantial prejudice, the government must come forward and provide its reasons for the delay. The reasons are then balanced against …

U.S. v. Poindexter, No. Crim. No. 88-0080-01 (D.D.C.) (727 F.Supp. 1470) (September 11, 1989) (Judge Harold H. Greene)

Article • January 1, 1994

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Poindexter, No. Crim. No. 88-0080-01 (D.D.C.) (727 F.Supp. 1470) (September 11, 1989) (Judge Harold H. Greene) by The Court observed that "Rule 16(a)(1)(C), requires only the production of documents in the hands of the prosecutor, any investigative unit under the prosecutor's control, and any other federal agency allied …

U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson)

Article • January 1, 1994

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

U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson) by Here the 8th Circuit reversed Judge Cahill's bulliant decision reported at 846 F.Supp. 768 in which he granted a substantial downward departure because of the "unconscious racism" that led to the crack-cocaine …

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 • from P&J March, 1996

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Covarrubia, No. 94-161 MV (D.N.M.) (911 F.Supp. 1409) (September 2, 1994) (Judge Martha Vazquez) by Judge Vazquez firmly granted a motion to suppress evidence on the basis of lack of probable cause, even though defendant was driving on a well known drug and alien smuggling route three miles …

U.S. v. Vario, No. 90-1416, No. 579 (2nd Cir.) (943 F.3d 236) (September 3, 1991) (Judge John M. Jr. Walker)

Article • January 1, 1994

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Vario, No. 90-1416, No. 579 (2nd Cir.) (943 F.3d 236) (September 3, 1991) (Judge John M. Jr. Walker) by Case held that the use of an anonymous jury was warranted in the trial of a defendant on various RICO charges, based on extensive pretrial publicity surrounding the case.

U.S. v. Lenfesty, No. 90-5132MN (8th Cir.) (923 F.2d 1293) (January 9, 1991) (Judge Morris Sheppard Arnold)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Lenfesty, No. 90-5132MN (8th Cir.) (923 F.2d 1293) (January 9, 1991) (Judge Morris Sheppard Arnold) by Here one of the defendants charged the agent with "sentencing entrapment." His only motive, she urged, in repeatedly purchasing drugs from her was to increase both the amount of drugs in the …

U.S. v. Chu, No. 92-50295 (9th Cir.) (988 F.2d 981) (March 16, 1993) (Judge David R. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Chu, No. 92-50295 (9th Cir.) (988 F.2d 981) (March 16, 1993) (Judge David R. Thompson) by The Court reasoned that the challenged instruction effectively told the jury that because Chu was carrying a large quantity of heroin, the jury could disregard all other evidence and convict him of …

Filartiga v. Pena-Irala, No. 79-6090, No. 191 (2nd Cir.) (630 F.2d 876) (June 30, 1980) (Judge Irving R. Kaufman)

Article • January 1, 1994

Filed under: Punch And Jurists, Alien Tort Statute

Filartiga v. Pena-Irala, No. 79-6090, No. 191 (2nd Cir.) (630 F.2d 876) (June 30, 1980) (Judge Irving R. Kaufman) by In this landmark case, the Second Circuit breathed new life into the Alien Tort statute, which is also sometimes referred to as the Alien Tort Claims Act, and is herein …

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, Co-conspirator/Accomplice liability

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings) by This decision is noted as one of the most thorough and searching analyses of the concept of accomplice liability under the Guidelines and how it differs from accomplice liability under the law …

U.S. v. Sanchez, No. 93-2112 (10th Cir.) (24 F.3d 1259) (May 20, 1994) (Judge Monroe G. McKay)

Article • January 1, 1994

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Sanchez, No. 93-2112 (10th Cir.) (24 F.3d 1259) (May 20, 1994) (Judge Monroe G. McKay) by In analyzing the question of whether a photo-array was impermissibly suggestive, the Court invoked the following inquiry: "When the constitutionality of a photo array is challenged, the due process clause requires a …

U.S. v. Hudspeth, No. 93-1352 (7th Cir.) (42 F.3d 1015) (October 28, 1994) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists

U.S. v. Hudspeth, No. 93-1352 (7th Cir.) (42 F.3d 1015) (October 28, 1994) (Judge John L. Coffey) by In this case the Court held that the defendants, who burgled three adjacent premises in a shopping mall in the space of 35 minutes, committed separate and distinct crimes for the purposes …

Vanskike v. Peters, No. 89-3082 (7th Cir.) (974 F.2d 806) (August 31, 1992) (Judge Richard D. Cudahy)

Article • January 1, 1994

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Vanskike v. Peters, No. 89-3082 (7th Cir.) (974 F.2d 806) (August 31, 1992) (Judge Richard D. Cudahy) by

U.S. v. Premises & Real Property at 4492 S. Livonia Rd., No. 88-6040, No. 71 (2nd Cir.) (889 F.2d 1258) (August 30, 1989) (Judge Wilfred Feinberg)

Article • January 1, 1994

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. Premises & Real Property at 4492 S. Livonia Rd., No. 88-6040, No. 71 (2nd Cir.) (889 F.2d 1258) (August 30, 1989) (Judge Wilfred Feinberg) by Case held that the Government is not precluded from using post-complaint evidence to prove probable cause at a forfeiture hearing; thus the court …