Search | Punch and Jurists

U.S. v. Wilson, No. 96-4235 (4th Cir.) (118 F.3d 228) (July 2, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Wilson, No. 96-4235 (4th Cir.) (118 F.3d 228) (July 2, 1997) (Judge Francis D. Jr. Murnaghan) by In this case the Fourth Circuit reversed Judge Turk's decision to set aside a tax conviction under § 7212(a) on insufficiency of evidence grounds, holding, inter alia, that "The acts themselves …

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya) by Although there have not been many recent reported cases dealing with the forfeiture laws, forfeitures have not been in repose; and the Government is now seeking broad new powers to seize property …

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Nexus between crime and property

U.S. v. White, No. 96-2076 (1st Cir.) (116 F.3d 948) (June 24, 1997) (Judge Bruce M. Selya) by Here the Court rejected the claim that the Government's forfeiture was invalid because it had failed to produce any evidence that the defendant personally used the property in question to further his …

U.S. v. Grossman, No. 96-10255 (5th Cir.) (117 F.3d 255) (July 8, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Grossman, No. 96-10255 (5th Cir.) (117 F.3d 255) (July 8, 1997) (Judge Robert M. Parker) by This is as rare as it gets in Federal criminal cases these days. Seven times the Fifth Circuit intoned that the Government had failed to present any evidence that the defendant had …

U.S. v. Cabrera, No. 96-3972 (8th Cir.) (116 F.3d 1243) (July 7, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cabrera, No. 96-3972 (8th Cir.) (116 F.3d 1243) (July 7, 1997) (Judge John R. Gibson) by Case affirmed the principle that a conspiracy conviction can be sustained even though all the evidence was circumstantial. The defendant in this case was convicted of a conspiracy to distribute methamphetamine in …

U.S. v. Garza, No. 95-21094 (5th Cir.) (118 F.3d 278) (July 16, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Garza, No. 95-21094 (5th Cir.) (118 F.3d 278) (July 16, 1997) (Judge Harold R. Jr. DeMoss) by It is becoming quite obvious that the Government is dedicated to expanding the elastic reach of the severe money laundering penalties to cover just about any crime. Far too few defendants …

U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court conceded that there was no evidence that the defendants used or possessed any firearms before they broke into a pawn shop, but once they picked up guns during …

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Laurenzana, No. 96-3077 (7th Cir.) (113 F.3d 689) (May 5, 1997) (Judge Walter J. Cummings) by Court held that defendant's payment of co-conspirator's cash bond had an effect on interstate commerce and was a financial transaction within the meaning of the money laundering statute.

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cazares, No. 96-30098 (9th Cir.) (112 F.3d 1391) (May 7, 1997) (Judge William W. Schwarzer) by Here the Court vacated a "gun bump" enhancement under USSG § 2D1.1(b)(1) based on constructive possession, stating that it was "pure speculation" whether the defendant ever had possession or dominion over the …

U.S. v. Amlani, No. 94-50292 (9th Cir.) (111 F.3d 705) (April 16, 1997) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Amlani, No. 94-50292 (9th Cir.) (111 F.3d 705) (April 16, 1997) (Judge Charles E. Wiggins) by

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Funds in the Amount of $9,800, No. 96 C 2614 (N.D.Ill.) (952 F.Supp. 1254) (December 23, 1996) (Judge James B. Moran) by This case is noted because it is one of those rare cases in which a judge ruled that the Government's factual allegations were insufficient to support …

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Contreras, No. 95-2070 (10th Cir.) (108 F.3d 1255) (March 11, 1997) (Judge Wade Brorby) by Case is noted for its discussion of the Congressional history of the money laundering statute and its conclusion that Congress did not intend to create a statute punishing mere "money spending.".

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Stewart, No. 95-3163 (D.C. Cir.) (104 F.3d 1377) (February 10, 1997) (Judge Judith W. Rogers) by Here the court affirmed a drug conviction even though the Government and its chief witness agreed it was unlikely that the defendant participated in some prior drug transactions, because "nothing required the …

U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Weapons

U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam) by Here's a somewhat surprising decision in which the Eighth Circuit reversed a lower court's refusal to grant the defendant, who was charged with an ex-felon gun possession crime, a significant sentence reduction under U.S.S.G. …

U.S. v. Stoner, No. 94-6377 (10th Cir.) (98 F.3d 527) (October 11, 1996) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Stoner, No. 94-6377 (10th Cir.) (98 F.3d 527) (October 11, 1996) (Judge Robert H. Henry) by This is a rather astonishing case that shows the willingness, if not the eagerness, of the courts to sustain indictments that are defective on their face. We start, as did the Tenth …

U.S. v. Meadows, No. 95-3629 (7th Cir.) (91 F.3d 851) (July 26, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Meadows, No. 95-3629 (7th Cir.) (91 F.3d 851) (July 26, 1996) (Judge Daniel A. Manion) by Court held that the Government failed to present any evidence regarding the essential elements of the crime of posessing an unregistered firearm and a firearm with a barrel of less than 16 …

U.S. v. Neal, No. 94-6002 (6th Cir.) (93 F.3d 219) (August 9, 1996) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Neal, No. 94-6002 (6th Cir.) (93 F.3d 219) (August 9, 1996) (Judge Richard F. Suhrheinrich) by United States v. Neal, 93 F.3d 219 (6th Cir. 1996) (Judge Suhrheinrich) Tamayo v. U.S. Dept. of Justice, 932 F.Supp. 342 (D.D.C. 1996) (Judge Harris) Granse v. United States, 932 F.Supp. 1162 …

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall) by Case explored the history of disclosure of presentence reports and cited numerous cases to support its conclusion that disclosure of the presentence reports of seven government witnesses was not warranted in this …

U.S. v. Mothersill, No. 93-2609 (11th Cir.) (87 F.3d 1214) (July 11, 1996) (Judge John H. II Moore)

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

Filed under: Punch And Jurists, Pinkerton

U.S. v. Mothersill, No. 93-2609 (11th Cir.) (87 F.3d 1214) (July 11, 1996) (Judge John H. II Moore) by In this case the Eleventh Circuit expanded the breadth of Pinkerton liability to include reasonably foreseeable but originally unintended substantive crimes, including crimes occurring as a result of an unintended turn …

U.S. v. Reed, No. 95-10076-01 (D.Kan.) (924 F.Supp. 1052) (April 12, 1996) (Judge John Thomas Marten)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Reed, No. 95-10076-01 (D.Kan.) (924 F.Supp. 1052) (April 12, 1996) (Judge John Thomas Marten) by The defendant was indicted on six counts of possession of firearms or ammunition by an unlawful user of marijuana in violation of 18 U.S.C. § 922(g)(3). That statute makes it unlawful for any …