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U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

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

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

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

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by In this case the Ninth Circuit vacated a sentence because the court had not properly determined whether the defendant and his counsel had the opportunity to read and discuss an amendment to …

U.S. v. Schramm, No. 94-3619 (3rd Cir.) (75 F.3d 156) (January 30, 1996) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Schramm, No. 94-3619 (3rd Cir.) (75 F.3d 156) (January 30, 1996) (Judge Timothy K. Lewis) by Rare case in which a conspiracy conviction was reversed as not supported by the evidence. This is one of those notable but rare cases in which a conspiracy conviction is reversed because …

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Secreted Assets

U.S. v. Copple, No. 95-3119 (3rd Cir.) (74 F.3d 479) (February 1, 1996) (Judge Dolores K. Sloviter) by Here the Court rejected the Government's claim that the defendant had secreted assets, holding that if the Government had no proof, the proper remedy was to have an evidentiary hearing to enable …

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan)

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

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

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan) by Here the Court found that the defendant had suffered no prejudice from a violation of Rule 32(a)(1), requiring the court to ascertain that the defendant and his counsel had an opportunity to …

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz)

Article • October 1, 1995

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

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz) by Here's another case that affirms the validity of local court rules that limit the time period within which a defendant must raise objections to his PSI Report. In this case, the local …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

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

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that Rule 32(c)(3)(D) is not triggered by a claim of legal error - there must be a claim of some factual inaccuracy in the Presentence Report.

U.S. v. Reed, No. 94-2361 (8th Cir.) (47 F.3d 288) (February 8, 1995) (Judge Theodore McMillian)

Article • April 1, 1995

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Reed, No. 94-2361 (8th Cir.) (47 F.3d 288) (February 8, 1995) (Judge Theodore McMillian) by In this case, the Eighth Circuit held that bank statements mailed to an accountant satisfied §1341's mailing requirement. Here, an accountant and an attorney were indicted for mail fraud based on their scheme …

U.S. v. Bustamonte, No. 93-8705 (5th Cir.) (45 F.3d 933) (February 13, 1995) (Judge W. Eugene Davis)

Article • March 1, 1995

Filed under: Punch And Jurists, Bribes and Gratuities

U.S. v. Bustamonte, No. 93-8705 (5th Cir.) (45 F.3d 933) (February 13, 1995) (Judge W. Eugene Davis) by Here the Court held that to convict a public official of accepting an illegal gratuity, the Government is not required to prove some quid pro quo; it need only show that the …

U.S. v. Huckaby, No. 94-41200 (5th Cir.) (43 F.3d 135) (January 12, 1995) (Judge Edith H. Jones)

Article • February 1, 1995

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

U.S. v. Huckaby, No. 94-41200 (5th Cir.) (43 F.3d 135) (January 12, 1995) (Judge Edith H. Jones) by The Court articulated three compelling reasons underlying the need for confidentiality of a Presentence Report: "First, the defendant has a privacy interest in the presentence report because it reveals not only details …

U.S. v. Dobbs, No. 94-40606 (5th Cir.) (63 F.3d 391) (August 24, 1995) (Judge Carl E. Stewart)

Article • January 1, 1995

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Dobbs, No. 94-40606 (5th Cir.) (63 F.3d 391) (August 24, 1995) (Judge Carl E. Stewart) by In this case a cattle rancher was charged with money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(I) because he deposited illegal cattle proceeds in his wife's bank account which was used …

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins)

Article • January 1, 1995

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

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins) by This is one of the many sentencing cases involving the pretend rules that apply at sentencing. Rule 32(c) (3)(A) provides that "before imposing sentence, the court must verify that the defendanၴ …

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Clay, No. 93-3699 (7th Cir.) (37 F.3d 338) (October 6, 1994) (Judge Joel L. Flaum) by "The something more" that is necessary for the existence of a true drug distribution conspiracy is a further understanding between the buyer and seller, often implicit, that usually relates to the subsequent …

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Lechuga, No. 91-2891 (7th Cir.) (994 F.2d 346) (May 13, 1993) (Judge Richard A. Posner) by In this divided en banc decision, a majority of the court held that large quantities of controlled substances, without more, cannot sustain a conspiracy conviction: there must be an agreement to commit …

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum)

Article • January 1, 1994

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Townsend, No. 88-3271 (7th Cir.) (924 F.2d 1385) (February 14, 1991) (Judge Joel L. Flaum) by In this case, the government argued that, by dealing with a man named Marquez--who was known by each of his co-defendants to be a large-scale drug dealer--each defendant supported and thus conspired …

U.S. v. Garcia-Emanuel, No. 91-5131 (10th Cir.) (14 F.3d 1469) (January 25, 1994) (Judge Monroe G. McKay)

Article • January 1, 1994

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Garcia-Emanuel, No. 91-5131 (10th Cir.) (14 F.3d 1469) (January 25, 1994) (Judge Monroe G. McKay) by In this case the Court held that there was insufficient evidence to convict the defendant for certain of the charged crrimes under 18 USC § 1956(a)(1)(B)(I), emphasizing that the evidence of concealment …

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Weapons

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the Court reversed, as unwarranted, a 9 year upward departure granted in a robbery case, based on USSG § 5K2.3 (Extreme Psychological Injury) and § 5K2.6 (Weapons and Dangerous Instrumentalities). Here …