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U.S. v. Pica, No. 10-5026-cr (2nd Cir.) (692 F.3d 79) (August 14, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Conspiracy, Punch And Jurists

U.S. v. Pica, No. 10-5026-cr (2nd Cir.) (692 F.3d 79) (August 14, 2012) (Judge Raymond J. Jr. Lohier) by Defendant's conviction for participating in a racketeering enterprise and illegal gambling is affirmed where: 1) there was sufficient evidence adduced at trial of defendant's knowing participation in the conspiracy to rob …

U.S. v. Shabani, No. 93-981 (U.S. Supreme Court) (513 U.S. 10; 115 S.Ct. 382) (November 1, 1994) (Justice O'Connor)

Article • January 24, 2005

Filed under: Conspiracy, Punch And Jurists

U.S. v. Shabani, No. 93-981 (U.S. Supreme Court) (513 U.S. 10; 115 S.Ct. 382) (November 1, 1994) (Justice O'Connor) by In this case the defendant was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 after the District Court refused to instruct the jury that proof …

U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Conspiracy, Punch And Jurists

U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry) by Following a jury trial, the U.S. District Court for the Eastern District of Pennsylvania convicted and sentenced defendants for conspiracy to distribute more than 50 grams of crack cocaine under 21 U.S.C.S. …

U.S. v. Fitz, No. 02-1771 (8th Cir.) (317 F.3d 878) (January 28, 2003) (Judge Gerald W. Heaney)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Conspiracy, Punch And Jurists

U.S. v. Fitz, No. 02-1771 (8th Cir.) (317 F.3d 878) (January 28, 2003) (Judge Gerald W. Heaney) by Here the Court vacated a drug conspiracy conviction due to insufficient evidence in a case where the Government’s evidence was so weak that the Court was forced to conclude that it could …

U.S. v. Williamson, No. 98-40922 (5th Cir.) (183 F.3d 458) (August 17, 1999) (Judge Jerry E. Smith)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Williamson, No. 98-40922 (5th Cir.) (183 F.3d 458) (August 17, 1999) (Judge Jerry E. Smith) by In this decision, the Fifth Circuit joined with the D.C. Circuit in U.S. v. Price, 990 F.2d 1367 (D.C.Cir. 1993) in reaffirming its prior decisions that the Sentencing Commission exceeded its authority …

U.S. v. Rosario, No. 97 CR 510 (N.D.Ill.) (51 F.Supp.2d 900) (June 10, 1999) (Judge Elaine E. Bucklo)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Rosario, No. 97 CR 510 (N.D.Ill.) (51 F.Supp.2d 900) (June 10, 1999) (Judge Elaine E. Bucklo) by In this multi-defendant drug prosecution, the Court held that members of the conspiracy who were incarcerated as of the date the conspiracy began could not be held accountable for drug sales …

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin) by For a long time now, the Circuits have debated whether a sentencing judge, when faced with a general verdict of guilty on a count charging a conspiracy with multiple objects, can select …

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Jackson, No. 98-50257 (9th Cir.) (167 F.3d 1280) (February 25, 1999) (Judge Alfred T. Goodwin) by Based on recent Supreme Court decisions, the Court rejected the defense claims that USSG § 1B1.2(d) violates the 5th and 6th Amendment because it permits the sentencing judge to determine the object …

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg) by The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy …

U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum) by In this case one of the defendants maintained that while he bought, consumed and sold cocaine, he had no agreement with the other members of the conspiracy to distribute what they sold …

U.S. v. Martinez-Martinez, No. 97-50340 (9th Cir.) (156 F.3d 936) (September 14, 1998) (Judge Stephen Reinhardt)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Martinez-Martinez, No. 97-50340 (9th Cir.) (156 F.3d 936) (September 14, 1998) (Judge Stephen Reinhardt) by In this case the Court analyzed the meaning of the phrase "about to complete" all acts necessary for the commission of a crime under USSG § 2X1.1(b)(2), and held that the district court …

U.S. v. Bell, No. 97-6164 (10th Cir.) (154 F.3d 1205) (September 4, 1998) (Judge Stephen H. Anderson)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Bell, No. 97-6164 (10th Cir.) (154 F.3d 1205) (September 4, 1998) (Judge Stephen H. Anderson) by Case held that sentencing of defendant based on crack an as object of the conspiracy did not constitute plain error, even though indictment also charged conspiracy to distribute cocaine and jury verdict …

U.S. v. Ross, No. 96-3556 (11th Cir.) (131 F.3d 970) (December 19, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Ross, No. 96-3556 (11th Cir.) (131 F.3d 970) (December 19, 1997) (Judge Arthur L. Alarcon) by Case held that provisions of USSG § 1B1.2, which permit the court to determine which offenses the defendant conspired to commit if jury does not specify those offenses, does not violate the …

U.S. v. Gaviria, No. 95-3124 (D.C. Cir.) (116 F.3d 1498) (June 27, 1997) (Per Curiam)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Gaviria, No. 95-3124 (D.C. Cir.) (116 F.3d 1498) (June 27, 1997) (Per Curiam) by Court observed that, prior to 1995, a defendant convicted of conspiracy could not be sentenced as a career offender. The Court observed that, prior to 1995, a defendant convicted of conspiracy could not be …

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker) by In the annals of criminal law there is probably no feat more difficult than upsetting a conspiracy conviction - and yet that is precisely what happened in this case. The defendant, eager …

U.S. v. Miller, No. 94-8079 (10th Cir.) (111 F.3d 747) (April 25, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Miller, No. 94-8079 (10th Cir.) (111 F.3d 747) (April 25, 1997) (Judge Stephanie K. Seymour) by Here, the indictment charged the defendant with participation in a drug distribution conspiracy "within the District of Wyoming and elsewhere." The defendant lived in Montana; and at trial "no evidence was offered …

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by Here the Court upheld an indictment under the "defraud" clause of 18 USC § 371in a tax prosecution because the conduct undertaken by the defendant was broader than that encompassed solely by …

U.S. v. Fleschner, No. 94-5929 (4th Cir.) (98 F.3d 155) (October 11, 1996) (Judge H. Emory Jr. Widener)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Fleschner, No. 94-5929 (4th Cir.) (98 F.3d 155) (October 11, 1996) (Judge H. Emory Jr. Widener) by This case may signal a new turn in the Government's prosecution of tax protesters. Faced with a rising number of tax protestors, and legal arguments that are becoming more sophisticated and …

U.S. v. Petersen, No. 96-50037 (9th Cir.) (98 F.3d 502) (October 22, 1996) (Judge Betty Binns Fletcher)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Petersen, No. 96-50037 (9th Cir.) (98 F.3d 502) (October 22, 1996) (Judge Betty Binns Fletcher) by Case held that a defendant who had already executed a fraudulent $150,000 wire transfer and was thwarted only when the bank president seized the funds before the defendant had a chance to …

U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg) by Case held that a trial court's determination of the objects of a conspiracy for Guidelines purposes, after jury returned a general verdict which did not designate objects of conspiracy, did not violate …