Search | Punch and Jurists

U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Marolf, No. 97-56275 (9th Cir.) (173 F.3d 1213) (April 12, 1999) (Judge Philip M. Pro) by After agreeing that the Government's forfeiture was void for lack of adequate notice, the Court held that the district court must grant the claimant's Rule 41(e) motion without a hearing on the …

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman) by This telemarketing fraud case is noted for several sentencing issues. Six defendants were charged with multiple counts of telemarketing fraud. Four of them pled guilty and were sentenced in accordance with the …

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller)

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

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

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller) by Here the Court held that carrying firearms as the loot of a robbery, where they were not brandished or used to threaten anyone or to effectuate the robbery, did not qualify as …

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl)

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

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

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl) by In this case the First Circuit reversed an enhanced sentence for trafficking in "sexually explicit" materials by concluding that the nude photograph of a young female did not meet the statutory definition …

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris)

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

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

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris) by In this case the Court reconciled the "arguable inconsistencies" in its prior holdings in U.S. v. Cooper, 111 F.3d 845 (11th Cir. 1997) (where the court vacated an enhancement because the Government failed …

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus) by Here the Court established two principles to determine whether a mitigating role adjustment under USSG § 3B1.2 is proper - namely, the defendant's role in the relevant conduct and the defendant's …

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl)

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

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

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl) by This is an interesting case in which the First Circuit put the brakes on the Government's ever-expansive ability to enhance a gun sentence if the defendant used or possessed the firearm "in …

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam)

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

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

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam) by The Court held: "On appeal, the Government argues that under the terms of Application Note 3 to § 2D1.1(b)(1), the presence of the gun provides sufficient basis for the increase regardless whether the gun …

U.S. v. Leahy, No. 98-1176 (7th Cir.) (169 F.3d 433) (February 17, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Statutory Index

U.S. v. Leahy, No. 98-1176 (7th Cir.) (169 F.3d 433) (February 17, 1999) (Judge Michael S. Kanne) by This case is noted because it helps to explain the complex procedures that should be used when no Guideline had been expressly promulgated for the crime at issue (i.e., the specific crime …

U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella) by United States v. Brown, 169 F.3d 89 (1st Cir. 1999) United States v. Turnipseed, 159 F.3d 383 (9th Cir. 1998) In both of these cases, the Courts rejected defendants' claims that the …

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay)

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

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

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay) by This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by In 1996 the defendant in this case burglarized a residence in Corpus Christi, Texas and stole five firearms. He was charged with knowingly possessing five stolen firearms that had been shipped …

U.S. v. Harris, No. 97-6283 (6th Cir.) (165 F.3d 1062) (January 26, 1999) (Judge David A. Nelson)

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

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

U.S. v. Harris, No. 97-6283 (6th Cir.) (165 F.3d 1062) (January 26, 1999) (Judge David A. Nelson) by In this case, two defendants were convicted of robbing a bank. At sentencing the district court enhanced their sentences by two levels under U.S.S.G. § 3B1.4 for using a minor to assist …

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer)

Article • February 13, 1999

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

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer) by Here the Court held that the phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or …

U.S. v. Vaziri, No. 97-8117 (10th Cir.) (164 F.3d 556) (January 6, 1999) (Judge Stephen H. Anderson)

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

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

U.S. v. Vaziri, No. 97-8117 (10th Cir.) (164 F.3d 556) (January 6, 1999) (Judge Stephen H. Anderson) by This is one of those cases that shows the wondrous word games of criminal justice. One of the issues in this case was whether two of the defendants "possessed" a gun during …

U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman) by Once again, Judge Adelman has used logic and legal precedent - not social policy and political imperatives - to rule on a controversial issue: whether the imposition of both a 4-level enhancement, under …

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza)

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

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

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza) by Here the Court expressly overruled U.S. v. Fike, 82 F.3d 1315 and U.S. v. Brown, 102 F.3d 1390. Here the en banc court held that an erroneous pre-Bailey instruction on the "use" …

U.S. v. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam)

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

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

U.S. v. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam) by Cae held that because the defendant failed to establish by a preponderance of evidence that he did not possess a firearm in connection with his drug conspiracy, he did not qualify for a "safety …

U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Double Counting

U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber) by Here the Court rejected the defendant's claim that the district court had improperly double counted the stolen nature of the firearm first by calculating the offense level under § 2K2.1 and then …

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter)

Article • October 1, 1998 • from P&J October, 1998

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

U.S. v. Cianci, No. 97-5619 (3rd Cir.) (154 F.3d 106) (August 21, 1998) (Judge Dolores K. Sloviter) by Here the Court joined the Circuit split by holding that an abuse of position of trust enhancement under USSG § 3B1.3 is proper in a tax evasion case when the defendant abused …