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U.S. v. Murgas, No. 95-CR-384 (N.D.N.Y.) (31 F.Supp.2d 245) (December 15, 1998) (Judge Howard G. Munson)
Article • March 1, 1999 • from P&J March, 1999
Filed under: Punch And Jurists, Preponderance of Evidence Standard
U.S. v. Murgas, No. 95-CR-384 (N.D.N.Y.) (31 F.Supp.2d 245) (December 15, 1998) (Judge Howard G. Munson) by The defendants in this case were convicted of various drug trafficking crimes; and their suggested sentences under the Guidelines were already severe. The Government, however, wanted more; and so it asked the Court …
U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Cihler, No. 98-CR-23 (E.D.Wisc.) (28 F.Supp.2d 539) (November 2, 1998) (Judge Lynn S. Adelman) by Here Judge Adelman rejected the automatic increase of sentences by blindly using the principles of relevant conduct, stating that sentencing determinations must be based on evidence and reasoned analysis, not mere arbitrary pronouncements. …
Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun)
Article • December 27, 1998
Filed under: Punch And Jurists, Burden of Proof
Reves v. Ernst & Young, No. 91-886 (U.S. Supreme Court) (507 U.S. 170; 113 S.Ct. 1163) (March 3, 1993) (Justice Blackmun) by The Court held that "the word 'participate' makes clear that RICO liability is not limited to those with primary responsibility for the enterprise's affairs, just as the phrase …
U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake) by Here the Fifth Circuit joined the holdings of the Second, Seventh and Eleventh Circuits in holding that the Reves' management and control test does not apply to a RICO conspiracy, conclusing …
U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Marin, No. 97-2545 (7th Cir.) (144 F.3d 1085) (May 22, 1998) (Judge Walter J. Cummings) by Here the court addressed the statutory language that the defendant must provide "the government" with a truthful version of the events "not later than the time of the sentencing hearing." Essentially it …
U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Jaramillo, No. CRIM. A. 95-387(AJL) (D.N.J.) (4 F.Supp.2d 341) (April 13, 1998) (Judge Alfred J. Jr. Lechner) by In this case, the inimitable Judge Lechner (we don't remember ever seeing a single decision of his in favor of a criminal defendant) reaffirmed, on remand, an enhancement for obstruction …
U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Glick, No. 97-1118, No. 1024 (2nd Cir.) (142 F.3d 520) (April 14, 1998) (Judge Donald P. Lay) by Case held that the burden of proof is on the defendant to show inability to pay a fine.
U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. White, No. 96-4302 (4th Cir.) (139 F.3d 998) (April 6, 1998) (Judge Diana Gribbon Motz) by Case held that when the Government seeks to try a juvenile as an adult it need only show a substantial federal interest.
U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone) by Case examined, and purported to answer, the question of who has the burden of proof about a defendant's intent and ability to produce or deliver drugs when the defendant claims he lacked …
U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Paccione, No. 89 CR. 446 (CBM) (S.D.N.Y.) (992 F.Supp. 335) (January 21, 1998) (Judge Constance Baker Motley) by Case held that there is no Fifth Amendment violation if the sought information adds a minor or negligible amount to the Government's intelligence.
U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Leonard, No. 96-8789 (11th Cir.) (138 F.3d 906) (April 8, 1998) (Judge Emmett Ripley Cox) by Case reversed a drug and gun conviction of a passenger in a car on the grounds that there was no evidence that the passenger ever had ownership, dominion or control over the …
U.S. v. Benjamin, No. 96-4040 (6th Cir.) (138 F.3d 1069) (March 12, 1998) (Judge Richard D. Cudahy)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Benjamin, No. 96-4040 (6th Cir.) (138 F.3d 1069) (March 12, 1998) (Judge Richard D. Cudahy) by Court held that even if prosecutor had probable cause to refuse to file a § 5K1.1 motion, but failed to prove that case by a preponderance of evidence, it could not refuse …
U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald) by The Court did acknowledge that in U.S. v. Lam Kwong-Wah, 966 F.2d 682 (D.C.Cir. 1992) "extraordinary circumstances" might call for the use of a higher standard of proof - such as clear …
U.S. v. Garcia, No. 96-10043 (9th Cir.) (135 F.3d 667) (February 2, 1998) (Judge Stephen V. Wilson)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Garcia, No. 96-10043 (9th Cir.) (135 F.3d 667) (February 2, 1998) (Judge Stephen V. Wilson) by In this case, the defendant argued that his sentence was erroneously increased with an obstruction of justice enhancement under U.S.S.G. § 3C1.1 because the standard for proving an obstruction of justice enhancement …
U.S. v. Fiorelli, No. 94-2210 (3rd Cir.) (133 F.3d 218) (January 6, 1998) (Judge Walter K. Stapleton)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Fiorelli, No. 94-2210 (3rd Cir.) (133 F.3d 218) (January 6, 1998) (Judge Walter K. Stapleton) by In footnote 3 on page 222 the Court noted the following: Application Note 1 was amended, effective November 1, 1997, to substitute the following for the concluding sentence [which required the Government …
U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone) by Court held that when the defendant contends that he lacked both the intent and the ability to produce a certain quantity of drugs, "negotiations ordinarily constitute reliable admissions as to …
U.S. v. Murgas, No. 95-CR-384 (HGM) (N.D.N.Y.) (967 F.Supp. 695) (April 15, 1997) (Judge Howard G. Munson)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Murgas, No. 95-CR-384 (HGM) (N.D.N.Y.) (967 F.Supp. 695) (April 15, 1997) (Judge Howard G. Munson) by The defendants in this case were convicted of participation is a large scale drug distribution ring in upstate New York and their presumptive Guideline sentencing ranges were from a low of 151-188 …
U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris) by Case held that when a defendant attempts to excuse his conduct he is not entitled to an acceptance of responsibility sentence reduction even if the excuses are not a legal justification sufficient …
U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz) by In this case, the defendant acknowledge both at Jenkins' criminal trial and at his own trial for perjury that he had lied to the grand jury. The Court stated that "simply admitting …
U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Zagari, No. 96-1130, No. 599 (2nd Cir.) (111 F.3d 307) (April 17, 1997) (Judge James L. Oakes) by Case reversed an enhancement for obstruction of justice because lower court failed to make required findings with respect to materiality, and instead relied on defendant's motivation, which the court said …
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