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U.S. v. Louis, No. 16-11349 (11th Cir.) ( F.3d ) (July 10, 2017) (Judge Charles R. Wilson)

Article • August 14, 2017 • from P&J August, 2017

Filed under: Punch And Jurists, Essential Elements of Crime

U.S. v. Louis, No. 16-11349 (11th Cir.) ( F.3d ) (July 10, 2017) (Judge Charles R. Wilson) by The relevant facts in this drug-trafficking conspiracy case began in September 2015 when U.S. Customs and Border Protection got a tip that a coastal freighter named the Ana Cecilia was going to …

U.S. v. Wright, No. 08-10525 (9th Cir.) (625 F.3d 583) (November 4, 2010) (Judge Milan D. Jr. Smith)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Failure to Prove

U.S. v. Wright, No. 08-10525 (9th Cir.) (625 F.3d 583) (November 4, 2010) (Judge Milan D. Jr. Smith) by This is an interesting child pornography decision in which, inter alia, the Ninth Circuit vacated a conviction for the transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1) on …

Castillo v. U.S., No. 99-658 (U.S. Supreme Court) (530 U.S. 120; 120 S.Ct. 2090) (June 5, 2000) (Justice Breyer)

Article • May 31, 2010 • from P&J May, 2000

Filed under: Punch And Jurists, Essential Elements of Crime

Castillo v. U.S., No. 99-658 (U.S. Supreme Court) (530 U.S. 120; 120 S.Ct. 2090) (June 5, 2000) (Justice Breyer) by This is another significant decision from the current Supreme Court that is bound to raise as many questions as it answers. Building on its recent decisions in Jones v. U.S., …

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (444 F.3d 1062) (April 11, 2006) (Judge Alex Kozinski)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Essential Elements of Crime

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (444 F.3d 1062) (April 11, 2006) (Judge Alex Kozinski) by This decision amends the decision previously reported at 436 F.3d 1104 (9th Cir. Feb. 1, 2006). In the earlier decision, the Ninth Circuit granted habeas relief to Joni Goldyn, who was convicted of …

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (436 F.3d 1140) (February 1, 2006) (Judge Alex Kozinski)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Essential Elements of Crime

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (436 F.3d 1140) (February 1, 2006) (Judge Alex Kozinski) by More than a dozen years ago, Joni Goldyn was convicted by a jury in a Nevada state court of five counts of drawing and passing checks with insufficient funds on deposit, in violation …

Arthur Andersen LLP v. U.S., No. 04-368 (U.S. Supreme Court) (544 U.S. 696; 125 S.Ct. 2129) (May 31, 2005) (Justice Rehnquist)

Article • June 15, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Essential Elements of Crime

Arthur Andersen LLP v. U.S., No. 04-368 (U.S. Supreme Court) (544 U.S. 696; 125 S.Ct. 2129) (May 31, 2005) (Justice Rehnquist) by Here a unanimous Court overturned the criminal conviction for obstruction of justice of the auditing giant, Arthur Andersen LLP, because of faulty jury instructions that failed to convey …

U.S. v. Andersen, No. 02-21200 (5th Cir.) (374 F.3d 281) (June 16, 2004) (Judge Patrick E. Higginbotham)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Essential Elements of Crime

U.S. v. Andersen, No. 02-21200 (5th Cir.) (374 F.3d 281) (June 16, 2004) (Judge Patrick E. Higginbotham) by Defendant accounting firm appealed its conviction from the United States District Court for the Southern District of Texas after being found guilty under 18 U.S.C. § 1512(b)(2) of obstructing an official investigation …

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter)

Article • January 27, 2002

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by If the Rehnquist Supreme Court were given a Rorschach test, the results would probably confound the most expertly trained psychoanalysts. This case is another example of the impossibility of predicting …

U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus) by In this case, the district court enhanced the appellants' sentences under U.S.S.G. § 2A4.1(b)(1), which provides for a six-level increase "if a ransom demand or demand upon government was made" in the course …

U.S. v. Prosperi, No. 98-4605 (11th Cir.) (201 F.3d 1335) (January 28, 2000) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Prosperi, No. 98-4605 (11th Cir.) (201 F.3d 1335) (January 28, 2000) (Judge Phyllis A. Kravitch) by Here, as a matter of first impression, the Court held that 18 USC § 513(c)(1), which proscribes the the making of counterfeit securities, does not require proof of similitude to the genuine …

U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé) by In this case the defendant pled guilty to an assortment of crimes including kipnapping and carjacking. At sentencing, the district court applied the provisions of U.S.S.G. § 2A4.1(b)(7)(B), which requires that, …

U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs) by The defendant claimed that his victim was constructively released prior to 24 hours because she was left alone at a convenience store on two occasions and could have escaped. The Court concluded: …

U.S. v. Kimble, No. 97-5998 (11th Cir.) (178 F.3d 1163) (June 22, 1999) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint

U.S. v. Kimble, No. 97-5998 (11th Cir.) (178 F.3d 1163) (June 22, 1999) (Judge Rosemary Barkett) by In this case, the defendants were convicted of robbing a Fuddruckers restaurant in Miami and then taking the manager's car and using it to escape. After conviction, they were sentenced to 421 and …

U.S. v. Wyjack, No. 97-50630 (5th Cir.) (141 F.3d 181) (May 7, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Wyjack, No. 97-50630 (5th Cir.) (141 F.3d 181) (May 7, 1998) (Per Curiam) by Court held that it is not necessary for the district court to conduct a "far reaching inquiry" under § 2B5.1(b)(2) to determine whether the notes were "obviously counterfeit.".

U.S. v. Bollman, No. 97-40998 (5th Cir.) (141 F.3d 184) (May 7, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Bollman, No. 97-40998 (5th Cir.) (141 F.3d 184) (May 7, 1998) (Per Curiam) by Case held that the district court did not clearly err by finding that the counterfeit items were not "so obviously counterfeit" as to preclude application of enhancement contained in § 2B5.1(b)(2).

U.S. v. Rosario, No. 96-5286 (3rd Cir.) (118 F.3d 160) (July 10, 1997) (Judge Timothy K. Lewis)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Rosario, No. 96-5286 (3rd Cir.) (118 F.3d 160) (July 10, 1997) (Judge Timothy K. Lewis) by This case is noted for Judge Nygaard's dissent in which he stated: "The government argues that the combination of wholly ambiguous tertimony from a handwriting expert and equivical testimony from a witness …

U.S. v. Pebworth, No. 95-5840 (4th Cir.) (112 F.3d 168) (April 29, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Pebworth, No. 95-5840 (4th Cir.) (112 F.3d 168) (April 29, 1997) (Judge J. Michael Luttig) by The defendant in this case was convicted of violating 18 U.S.C. § 513(b) - one of those incredibly broad modern-day statutes that makes it a crime to possess "an implement designed for …

U.S. v. Webster, No. 96-30159 (9th Cir.) (108 F.3d 1156) (March 12, 1997) (Judge Eugene A. Wright)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Webster, No. 96-30159 (9th Cir.) (108 F.3d 1156) (March 12, 1997) (Judge Eugene A. Wright) by Here, in examining the "purports to be genuine language" contained in USSG § 2B5.1, the Court held that it was not necessary for the Government to prove the common law similitude requirement …

U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton)

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

Filed under: Punch And Jurists, Counterfeiting and Forgery

U.S. v. Miller, No. 94-5951 (4th Cir.) (77 F.3d 71) (March 6, 1996) (Judge Clyde H. Hamilton) by Here the Court explained that the purpose of the enhancement contained in § 2B5.1(b)(2) is to provide harsher sentences for individuals who possess counterfeiting devices and produce counterfeit instruments, rather than persons …