Search | Punch and Jurists

U.S. v. Eads, No. 98-1331 (10th Cir.) (191 F.3d 1206) (August 18, 1999) (Judge Paul J. Jr. Kelly)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Eads, No. 98-1331 (10th Cir.) (191 F.3d 1206) (August 18, 1999) (Judge Paul J. Jr. Kelly) by Here the Tenth Circuit joined with a number of other Circuits in holding that the type of firearm used in a 18 USC § 924(c)(1) is a sentencing enhancement and not …

U.S. v. Lafortune, No. 99-1059 (1st Cir.) (192 F.3d 157) (September 15, 1999) (Judge James C. Hill)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Lafortune, No. 99-1059 (1st Cir.) (192 F.3d 157) (September 15, 1999) (Judge James C. Hill) by

Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Notice - Adequacy of

Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay) by

U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Double Counting

U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith) by Here, the defendant relied primarily on U.S. v. Sloley, 19 F.3d 149, 154 (4th Cir. 1994), where that Court stated that "[i]f both § 3A1.2(b) and § 3C1.2 apply to a …

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen) by In this case the Government appealed from the district court’s determination (a) that the defendant was not subject to a two-level sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) because he had an unloaded …

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen) by Here the Court rejected a Government appeal that the defendant should have been given an enhancement under USSG § 2D1.1(b)(1) and should have been denied a safety valve reduction because it failed …

U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown) by This is another case that exposes one of the traps of plea-bargaining - being sentenced for counts that are dismissed; but it is particularly noted for a somewhat technical limitation on the …

U.S. v. Laljie, No. 98-1295 (2nd Cir.) (184 F.3d 180) (July 14, 1999) (Judge Amalya Lyle Kearse)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Laljie, No. 98-1295 (2nd Cir.) (184 F.3d 180) (July 14, 1999) (Judge Amalya Lyle Kearse) by The Court stated that "'[T]he primary trait that distinguishes [a position of trust from other positions is] the extent to which the position provides the freedom to commit a difficult-to-detect wrong.' United …

U.S. v. Duffy, No. 98-9020 (11th Cir.) (179 F.3d 1304) (June 30, 1999) (Judge Frank May Hull)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Duffy, No. 98-9020 (11th Cir.) (179 F.3d 1304) (June 30, 1999) (Judge Frank May Hull) by Notwithstanding defendant's prior entry of a "Notice of Entry of Plea of Guilty," the Court held that the Government's subsequent filing of information required to trigger mandatory minimum at plea hearing was …

U.S. v. Hawkins, No. 98-3318 (8th Cir.) (181 F.3d 911) (June 28, 1999) (Judge David R. Hansen)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Double Counting

U.S. v. Hawkins, No. 98-3318 (8th Cir.) (181 F.3d 911) (June 28, 1999) (Judge David R. Hansen) by In a case of first impression, the Court held that it was not impermissible double counting to apply the enhancement contained in USSG § 2K2.1(b)(4) after the defendant's base offense level had …

U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Double Counting

U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry) by In a detailed analysis of the standards for determining what constitutes impermissible double counting, the Court held that separate enhancements for "otherwise using" a firearm and for physical restraint of victims were …

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett) by The defendants in this case robbed a sporting goods store and its owner of several firearms, including a machine gun. It was stipulated during trial that the stolen firearms were simply carried …

U.S. v. Cook, No. 98-2581 (11th Cir.) (181 F.3d 1232) (July 20, 1999) (Judge Jr. Julian Abele Cook)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury

U.S. v. Cook, No. 98-2581 (11th Cir.) (181 F.3d 1232) (July 20, 1999) (Judge Jr. Julian Abele Cook) by Here the Court held that the two-level enhancement for reckless endangerment during flight (USSG § 3C1.2) when applied to persons who were not driving the vehicle in question requires proof of …

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich) by Here the Court held that carrying an unassembled destructive device is insufficient to satisfy either the "use" or "carry" prong of § 924(c)(1); it merely established proximity and accessibility but not active …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by In this case the majority took issue with the Fourth Circuit's holding in U.S. v. Phan, 121 F.3d 149, 153 (4th Cir. 1997) where that court, under similar circumstances, held that the …

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore) by Here the Court held that the "gun bump" enhancement contained in USSG § 2D1.1(b)(1) is not precluded because the gun charge was dismissed under the Supreme Court's decision in Bailey v. U.S., …

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court upheld the district court's decision not to apply a two-level enhancement based on USSG § 3B1.4 (Using a minor to commit a crime) because of a patent ambiguity in …

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court denied a Government request to impose a 5-level enhancement under USSG § 2G2.2(b)(4) on the grounds that there is a distinction between sexual harassment and sexual abuse or exploitation. …

U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Rutherford, No. 96-4520 (11th Cir.) (175 F.3d 899) (May 13, 1999) (Judge Paul H. Roney) by This case deals with the notice requirements for sentencing enhancement provisions of 21 U.S.C. § 841(b)(1)(A); and it shows how the courts often cater to the Government, even if it entails ignoring …

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott) by Case held that conduct that warrants a sentence enhancement for possession of a gun under USSG § 2D1.1(b)(1) "necessarily defeats" the application of the safety valve under § 5C1.2(2). Here a gun …