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U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner) by The Court stated: "Estimates of the drug quantities attributable to the defen- dant are permissible, of course, so long as they are based on evidence possessing sufficient indicia of reliability and not …

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha) by The defendant in this case was sentenced and his sentence was enhanced two levels for obstruction of justice, pursuant to U.S.S.G. § 3C1.1, premised on what the court considered to be perjured …

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to be entitlerd to an instruction on entrapment, the defendant must present hard evidence of some improper "inducement" - which consists of an apportunity plus something else …

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin) by Case noted that special scrutiny must be given to the quantity of drugs charged to a defendant because it usually will be the single most important determinant of a defendant's sentence. Citing …

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden) by In this multi-issue case, the court rejects the defendant's request for any sentence reduction based on "acceptance of responsibility" under U.S.S.G. § 3E1.1 noting that "a defendant who falsely denies …

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Burden of Proof

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey) by Case held that defendant was entitled to an evidentiary hearing on the quantity of drugs because the district court failed to make the required explicit findings.

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple) by The defendant in this case was granted a two point departure for "acceptance of responsibility" under U.S.S.G. § 3E1.1, but the sentencing judge refused to allow the third point permitted under subsection …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by Case rejected finding of obstruction of justice due to lack of evidence in the record to support such a finding.

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Wolfe, No. 95-3373 (6th Cir.) (71 F.3d 611) (December 15, 1995) (Judge Danny J. Boggs) by Court affirmed denial of acceptance of responsibility reduction because defendant attempted to mischaracterize and minimize his responsibility.

U.S. v. Dean, No. 94-10247 (5th Cir.) (59 F.3d 1479) (July 21, 1995) (Judge Emilio M. Garza)

Article • August 1, 1995

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dean, No. 94-10247 (5th Cir.) (59 F.3d 1479) (July 21, 1995) (Judge Emilio M. Garza) by Here's a mildly surprising multi-issue drug case from the Fifth Circuit which is cited for its ruling on "relevant conduct" under U.S.S.G. § 1B1.3. Even though the district court made a finding …

Fagan v. City of Vineland, No. 92-5481 (3rd Cir.) (22 F.3d 1296) (April 29, 1994) (Judge Dolores K. Sloviter)

Article • January 1, 1994

Filed under: Punch And Jurists, Burden of Proof

Fagan v. City of Vineland, No. 92-5481 (3rd Cir.) (22 F.3d 1296) (April 29, 1994) (Judge Dolores K. Sloviter) by Here the majority held that the police were not liable for damages based on conduct during a high speed chase which resulted in the death of three people and the …

U.S. v. Restrepo, No. 88-3207 (9th Cir.) (946 F.3d 654) (October 4, 1991) (Judge Charles E. Wiggins)

Article • January 1, 1994

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Restrepo, No. 88-3207 (9th Cir.) (946 F.3d 654) (October 4, 1991) (Judge Charles E. Wiggins) by In this case the Court recognized that "when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction", the Government may have to satisy a …