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U.S. v. Kerley, No. 07-1818-cr (2nd Cir.) (544 F.3d 172) (September 25, 2008) (Judge Jane A. Restani)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Kerley, No. 07-1818-cr (2nd Cir.) (544 F.3d 172) (September 25, 2008) (Judge Jane A. Restani) by Conviction for failure to pay a child support obligation is vacated and remanded where: 1) the district court did not err in its rulings as to the good faith defense; 2) the …

U.S. v. Hassoun, No. 06-15845 (11th Cir.) (476 F.3d 1181) (January 30, 2007) (Judge Gerald B. Tjoflat)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Hassoun, No. 06-15845 (11th Cir.) (476 F.3d 1181) (January 30, 2007) (Judge Gerald B. Tjoflat) by In the latest sequel to the Government’s long-running drama involving the alleged terrorist Jose Padilla, the Eleventh Circuit ruled in favor of the Department of Justice and reinstated a key terrorism charge …

U.S. v. Miller, No. 83-1750 (U.S. Supreme Court) (471 U.S. 130; 105 S.Ct. 1811) (April 1, 1985) (Justice Marshall)

Article • October 14, 2002

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Miller, No. 83-1750 (U.S. Supreme Court) (471 U.S. 130; 105 S.Ct. 1811) (April 1, 1985) (Justice Marshall) by In this case, a grand jury returned an indictment charging Miller with three counts of mail fraud. The indictment alleged that Miller had defrauded his insurance company both by consenting …

U.S. v. Conley, No. 01-1587 (7th Cir.) (291 F.3d 464) (May 23, 2002) (Judge John L. Coffey)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Conley, No. 01-1587 (7th Cir.) (291 F.3d 464) (May 23, 2002) (Judge John L. Coffey) by The defendant in this case was charged with violating the provisions of Armed Career Criminal Act (18 U.S.C. § 922(g)(1)) by possessing firearms on two separate occasions as a convicted felon. After …

Bell v. U.S., No. 468 (U.S. Supreme Court) (349 U.S. 81; 75 S.Ct. 620) (May 9, 2055) (Justice Frankfurter)

Article • August 6, 2001

Filed under: Punch And Jurists, Duplicity/Multiplicity

Bell v. U.S., No. 468 (U.S. Supreme Court) (349 U.S. 81; 75 S.Ct. 620) (May 9, 2055) (Justice Frankfurter) by The defendant in this case was convicted of two violations of the Mann Act, 18 U.S.C. § 2421 (prohibiting the interstate transportation of "any woman or girl" for purposes of …

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Verrecchia, No. 98-1973 (1st Cir.) (196 F.3d 294) (November 19, 1999) (Judge Kermit A. Lipez) by In this case the defendant was charged with two counts of possessing a firearm in violation of 18 USC § 922(g)(1) on the basis that he possessed multiple firearms at each of …

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Zvi, No. 97-1418 (2nd Cir.) (168 F.3d 49) (January 21, 1999) (Judge John M. Jr. Walker) by This is a significant case that explores two important issues. The first was whether a superseding indictment "relates back" to the filing date of the original indictment for the purposes of …

U.S. v. Lucas, No. 97-60577 (5th Cir.) (157 F.3d 998) (October 9, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Lucas, No. 97-60577 (5th Cir.) (157 F.3d 998) (October 9, 1998) (Judge Jerry E. Smith) by Here the court held that even through a warden pled guilty to a misdemeanor, the nature of his crime was a felony rape of the inmate since, in in position as warden, …

U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Cluck, No. 97-50444 (5th Cir.) (143 F.3d 174) (June 3, 1998) (Judge E. Grady Jolly) by Case held that charging the same conduct under both the false statement and fraudulent concealment provisions of the bankruptcy fraud statute does not render the indictment multiplicious.

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe) by Here the Court held that an indictment which charged possession of a gun by a felon in violation of 18 USC § 922(g)(1) and possession of the same gun by an unlawful …

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Phillips, No. 97-0037 (D.D.C.) (962 F.Supp. 200) (April 30, 1997) (Judge Paul L. Friedman) by Case held that counts separately charging defendant with unlawful posession of firearm and unlawful possession of ammunition by a convicted felon, based on a single possession of a loaded gun, were multiplicious. This …

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Corona, No. 96-3-238 (5th Cir.) (108 F.3d 565) (March 12, 1997) (Judge Patrick E. Higginbotham) by United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard) United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham) Both of these cases deal with the Federal …

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The use of multiple charges: the indispensable cudgel for legalized blackmail! One of the most pristine pages in the United States Attorneys' Manual is the page that …

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by QUOTE OF THE WEEK - The evils of subdividing crimes into multiple parts to enable Congressmen to go down in posterity with a crime named after themselves. "Given the tendency of modern criminal …

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado)

Article • December 1, 1995

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado) by This is a rare example of a court holding that two counts were multiplicitous - i.e., the indictment charged a single offense in several counts. Here, the Court held that an indictment …