Search | Punch and Jurists

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 …

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey) by

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by One of the issues raised in this case is the increasingly important question: what standard of proof applies at sentencing to support a charge of obstruction of justice under U.S.S.G. § 3C1.1? …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by This is an important decision concerning the quantity of drugs that may be attributed to a defendant for purposes of sentencing under the "relevant conduct" provisions of the Sentencing Guidelines. …

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman) by Case held that the broad sweep of the second prong of § 371 did not require proof that defendant had any contact with Government agency he defrauded. Judge Friendly once …

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker) by Here the Court explained that the preponderance of evidence standard is adequate for most sentencing decisions, but acknowledged that at some undefined point along the "continum of sentence severty" …

Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Burden of Proof

Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams) by

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by This is one of those rare cases in which a Court of Appeals reversed a decision by a district court to deny the defendant a sentence reduction for acceptance of responsibility …

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney) by If they really want you in jail, they will never give up! In his concurring opinion, Judge Oakes described this long running case against Wayne Hellman as an "inherent inequity". …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Here the court emphasized that defendant is eligible for § 3E1.1 reduction only if he accepts responsibility for his criminal conduct - and that defendant's denial of "willful" violation of the law …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Court affirmed the proposition that if the court finds that the defendant had either the intent or capacity to deliver the full amount of drugs under negotiation, then that amount must be …

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl) by The defendant in this case protested the attribution to him of 150 pounds of marijuana for sentencing purposes, arguing that the 150 pound lot never existed and was not the object of …