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U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman)

Article • February 18, 2013 • from P&J August, 2014

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman) by In its opening paragraph, the Court framed the issue before it as follows: “A full decade after an amendment to Rule 32 of the Federal Rules of Criminal Procedure, we are asked …

Anderson v. Terhune, No. 04-17237 (9th Cir.) (516 F.3d 781) (February 15, 2008) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Presumption of Correctness

Anderson v. Terhune, No. 04-17237 (9th Cir.) (516 F.3d 781) (February 15, 2008) (Judge M. Margaret McKeown) by Here the en banc court reversed a prior decision which had held that when a defendant states to a policeman “I plead the Fifth,” that statement was not a sufficiently clear and …

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea) by Here the Court held that a sentencing judge is not required to resolve disputes regarding facts recited in a PSR, “when those facts do not affect the term of imprisonment imposed, but …

Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan)

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

Filed under: Punch And Jurists, Presumption of Correctness

Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan) by In Miranda v. Arizona, 384 U.S. 436, 473-74 (1966), the Supreme Court held that if a suspect indicates in any manner during questioning that he wishes to remain silent, the interrogation must …

U.S. v. McCants, No. 04-3064 (D.C. Cir.) (434 F.3d 557) (January 13, 2006) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Resolution of Disputed Factors

U.S. v. McCants, No. 04-3064 (D.C. Cir.) (434 F.3d 557) (January 13, 2006) (Judge Harry T. Edwards) by After pleading guilty to possessing false document-making implements in violation of 18 U.S.C. § 1028(a)(5), defendant appealed his sentence, arguing the United States District Court for the District of Columbia adopted the …

U.S. v. Stone, No. 04-6184 (6th Cir.) (432 F.3d 651) (December 23, 2005) (Judge Cornelia G. Kennedy)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Stone, No. 04-6184 (6th Cir.) (432 F.3d 651) (December 23, 2005) (Judge Cornelia G. Kennedy) by Here, in rejecting a Booker challenge based on the district court's findings of fact regarding tax losses and an obstruction of justice enhancement, the Court emphasized that "Booker did not eliminate judicial …

U.S. v. Berry, No. 00-30222 (9th Cir.) (258 F.3d 971) (August 2, 2001) (Judge Stephen S. Trott)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Berry, No. 00-30222 (9th Cir.) (258 F.3d 971) (August 2, 2001) (Judge Stephen S. Trott) by The defendant in this case challenged the district court's reliance on the hearsay statements of his co-defendants at sentencing, alleging that: (1) the statements were inherently unreliable in that they were self-serving …

U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey) by Here the Court affirmed the authority of the judge - rather than the jury - to determine the quantity of drugs in a drug case and to rule on the credibility of …

U.S. v. Ocana, No. 98-41133 (5th Cir.) (204 F.3d 585) (February 18, 2000) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Ocana, No. 98-41133 (5th Cir.) (204 F.3d 585) (February 18, 2000) (Judge Carl E. Stewart) by This case is noted principally for Judge Politz' dissent where he objected to the defendant's almost three-fold increase in her sentence based on the testimony of two co-conspirators whose testimony was filled …

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman) by Here the Court held that the Government's conclusory and uncorroborated statements concerning the defendant's alleged membership in a terrorist organization were insifficient to warrant an upward departure in his criminal history …

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam) by The defendant in this case was convicted of various drug crimes, and at sentencing he sought a two level reduction in his base offense level under U.S.S.G. § 2D1.1(b)(6) - a provision that permits …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous "El Rukns" cases over which he …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous “El Rukns” cases over which he …

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood) by In this case, a witness offering information on the defendant's relevant conduct first stated in a proffer that he gave the defendant 50 pounds of methamphetamine; he then testified at trial that …

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya) by Here the Court confirmed that the Federal Rules of Evidence do not apply at sentencing and that the court may consider evidence that would be inadmissible at trial so long as it …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand) by Speaking of the iron will and steel fist of Judge Lechner, this case indirectly involves another one of his proverbial sentences. Here, one Richard Bertoli was charged with …

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Hudson, No. 97-2182 (8th Cir.) (129 F.3d 994) (November 5, 1997) (Per Curiam) by Case reversed an enhancement for possession of a gun, where the defendant objected to the Presentence Report, and the Government offered no other evidence to establish such possession. Here, the probation officer testified that …

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Stein, No. 96-30150 (9th Cir.) (127 F.3d 777) (October 7, 1997) (Judge Alfred T. Goodwin) by Case rejected need for an evidentiary hearing to resolve disputed factors at sentencing. United States v. Berndt, 127 F.3d 251 (2nd Cir. 1997) (Judge Kearse) United States v. Stein, 127 F.3d 777 …

U.S. v. Monus, No. 95-4326 (6th Cir.) (128 F.3d 376) (October 21, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Monus, No. 95-4326 (6th Cir.) (128 F.3d 376) (October 21, 1997) (Judge Cornelia G. Kennedy) by Here the Court held that a district court violates Rule 32 when it merely "adopts" the findings of the PSR, or "accepts" the PSR's recommended sentencing level without making any findings of …