Search | Punch and Jurists

U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Oberoi, No. 04-4545-cr (2nd Cir.) (547 F.3d 436) (October 23, 2008) (Judge Dennis G. Jacobs) by Conviction for mail fraud and health care fraud is affirmed over claims of error that defendant was denied a speedy trial in violation of the Speedy Trial Act on the grounds that: …

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. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam) by Conviction for illegal reentry to the United States after having been deported subsequent to a conviction for an aggravated felony is affirmed over claims of error that: 1) defendant's pre-indictment detention by immigration authorities …

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. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Creamer, No. 04 CR 281 (N.D.Ill.) (370 F.Supp.2d 715) (April 8, 2005) (Judge James B. Moran) by The defendant in this case was indicted in 2004 for various bank fraud and income tax violations which arose out of a check-kiting scheme that he allegedly orchestrated while serving as …

U.S. v. Brodie, No. CRIM. 02-0190ESH (D.D.C.) (326 F.Supp.2d 83) (July 19, 2004) (Judge Ellen Segal Huvelle)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Brodie, No. CRIM. 02-0190ESH (D.D.C.) (326 F.Supp.2d 83) (July 19, 2004) (Judge Ellen Segal Huvelle) by In their trial on conspiracy charges under 18 U.S.C.S. § 371, defendants filed motions to sever based on misjoinder under Fed. R. Crim. P. 14, a motion to dismiss based on speedy …

U.S. v. Combs, No. 01-5997 (6th Cir.) (369 F.3d 925) (June 4, 2004) (Judge Deborah L. Cook)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Combs, No. 01-5997 (6th Cir.) (369 F.3d 925) (June 4, 2004) (Judge Deborah L. Cook) by

Stirone v. U.S., No. 35 (U.S. Supreme Court) (361 U.S. 212; 80 S.Ct. 270) (January 11, 2060) (Justice Black)

Article • March 3, 2004

Filed under: Punch And Jurists, Constructive Amendment/Variances

Stirone v. U.S., No. 35 (U.S. Supreme Court) (361 U.S. 212; 80 S.Ct. 270) (January 11, 2060) (Justice Black) by In this case, the government charged that the defendant violated the Hobbs Act (18 U.S.C. § 1951(a)) by interfering with the transport of sand into Pennsylvania, and the indictment specified …

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Dote, No. 02-1410 (7th Cir.) (328 F.3d 919) (May 13, 2003) (Judge John L. Coffey) by The defendant in this case appealed from a judgment of the district court which accepted his guilty plea to engaging in a racketeering conspiracy, operating an illegal gambling business, and engaging in …

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 …

U.S. v. Hill, No. 00-30023 (9th Cir.) (279 F.3d 731) (January 29, 2002) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Hill, No. 00-30023 (9th Cir.) (279 F.3d 731) (January 29, 2002) (Judge Thomas G. Nelson) by This case offers a disturbing look at the virtually unlimited power of the Government to pursue a target - relentlessly - even if the purpose of that pursuit is to gain leverage …

U.S. v. Peterson, No. 00-CR-1260 (ADS) (E.D.N.Y.) (168 F.Supp.2d 51) (October 12, 2001) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Peterson, No. 00-CR-1260 (ADS) (E.D.N.Y.) (168 F.Supp.2d 51) (October 12, 2001) (Judge Arthur D. Spatt) by

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet) by Here the Court granted an alien who pled guilty to illegal reentry a nine month reduction in his sentence because the Government had delayed prosecuting him on that charge for 9 …

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson) by One of the more difficult tasks that a criminal defense lawyer faces is to get an indictment dismissed based on a pre-indictment delay. Yet, as more and more statutes of limitation …

U.S. v. Longoria, No. 00-50405 (5th Cir.) (259 F.3d 363) (July 19, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Indictment/Information

U.S. v. Longoria, No. 00-50405 (5th Cir.) (259 F.3d 363) (July 19, 2001) (Per Curiam) by In this case, the defendant was charged and convicted only of an unstated quantity of drugs. The defendant pled guilty and was sentenced to 69 months - or nine months longer than the five …

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. Shabazz, No. 99-2388 (6th Cir.) (263 F.3d 603) (August 30, 2001) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Shabazz, No. 99-2388 (6th Cir.) (263 F.3d 603) (August 30, 2001) (Judge Alice M. Batchelder) by In 1998, the Government commenced a major RICO trial against five alleged members of the Detroit Cosa Nostra, one of whom was Paul Corrado, whose most serious charge was conspiracy to commit …

U.S. v. Hill, No. 00-30023 (9th Cir.) (257 F.3d 1116) (July 27, 2001) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Hill, No. 00-30023 (9th Cir.) (257 F.3d 1116) (July 27, 2001) (Judge Thomas G. Nelson) by This case offers a disturbing look at the virtually unlimited power of the Government to pursue a target - relentlessly - even if the purpose of that pursuit is to gain leverage …

U.S. v. Ratcliff, No. 99-4190 (11th Cir.) (245 F.3d 1246) (March 26, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Ratcliff, No. 99-4190 (11th Cir.) (245 F.3d 1246) (March 26, 2001) (Judge Edward E. Carnes) by