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U.S. v. Rodriguez, No. 14-10122 (9th Cir.) (790 F.3d 951) (June 24, 2015) (Judge Barry G. Silverman)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Lasing an Aircraft

U.S. v. Rodriguez, No. 14-10122 (9th Cir.) (790 F.3d 951) (June 24, 2015) (Judge Barry G. Silverman) by One evening in August, 2012, Sergio Rodriguez, his girlfriend, and their kids were fooling around with a laser pointer in the courtyard of their apartment complex — trying to see just how …

U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel) by Here, creating a conflict with three other Circuits, a divided Court ruled that the mens rea element of the aggravated identity theft statute (18 U.S.C. § 1028A(a)(1)) was ambiguous; and it therefore …

U.S. v. Galvan, No. 04-1331 (8th Cir.) (407 F.3d 954) (May 17, 2005) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Galvan, No. 04-1331 (8th Cir.) (407 F.3d 954) (May 17, 2005) (Judge Morris Sheppard Arnold) by Defendant appealed his conviction and sentence in the United States District Court for the Eastern District of Missouri for one count of possessing pseudoephedrine knowing, or with reasonable cause to believe, that …

U.S. v. Truong, No. 04-5094 (10th Cir.) (425 F.3d 1282) (October 17, 2005) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Truong, No. 04-5094 (10th Cir.) (425 F.3d 1282) (October 17, 2005) (Judge Michael W. McConnell) by U.S. v. Truong, 425 F.3d 1282 (10th Cir. Oct. 17, 2005) (Judge McConnell) U.S. v. Heredia, 426 F.3d 1226 (9th Cir. Oct. 24, 2005) (Judge Bybee) In these two drug cases, the …

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor)

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

Filed under: Punch And Jurists, Mens Rea Element

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor) by

U.S. v. Kaur, No. 03-30306 (9th Cir.) (382 F.3d 1155) (September 10, 2004) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Kaur, No. 03-30306 (9th Cir.) (382 F.3d 1155) (September 10, 2004) (Judge Harry Pregerson) by Here the Court held that the “reasonable cause to believe” standard contained in 21 U.S.C. 21 U.S.C. § 841(c)(2) does not require the Government to prove that the defendant had any actual knowledge …

U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien) by Along with other crimes, defendant was convicted in the United States District Court for the District of New Mexico for the use and carrying of a firearm during a crime of violence …

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale) by U.S. v.Gamez-Gonzalez, 319 F.3d 695 (5th Cir. 2003) (Judge Barksdale) U.S. v. Waters, 313 F.3d 151 (3rd Cir. 2002) (Judge Becker) As we all know by now, in Apprendi v. New Jersey, …

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson) by In this case a divided panel from the Sixth Circuit held that the crime of assaulting a federal officer, in violation of 18 USC 111(a)(1), is a general intent crime and, accordingly, …

U.S. v. Saffo, No. 99-6276 (10th Cir.) (227 F.3d 1260) (September 18, 2000) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Saffo, No. 99-6276 (10th Cir.) (227 F.3d 1260) (September 18, 2000) (Judge David M. Ebel) by Here the Court held that the "knowing or having reasonable cause to believe" standard in 21 USC § 841(c)(2) [formerly § 841(d)(2)] imposes "a constitutionally sufficient mens rea requirement.". Defendant appealed from …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by This is an interesting case which addresses a fairly common issue: Can a defendant in a drug case assert that he has a due process right to be sentenced on the basis …

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gergen, No. 97-30324 (9th Cir.) (172 F.3d 719) (April 16, 1999) (Judge Robert M. Takasugi) by Here the Court held that to establish that a defendant possessed an unregistered firearm in violation of 26 USC § 5861(d), the Government must prove that the defendant knew of the particular …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by QUOTE OF THE WEEK - In 1993, Judge Jack B. Weinstein of the Eastern District of New York addressed the mens rea issues involved in the sentencing of two drug mules who …

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court held that a defendant's ignorance of the mens rea element of the offense with which he is charged renders his guilty plea involuntary as a matter of constitutional law. This …

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. CR 91-684 (E.D.N.Y.) (813 F.Supp. 168) (January 14, 1993) (Judge Jack B. Weinstein) by In an important decision of the role of mens rea in the sentencing process, Judge Weinstein held that the defendant drug mule could not be sentenced on the basis of the entire …

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Cordoba-Hincapie, No. CR 92-650 (E.D.N.Y.) (825 F.Supp. 485) (July 7, 1993) (Judge Jack B. Weinstein) by In this case Judge Weinstein addressed the mens rea issues involved in the sentencing of two drug mules who were caught bringing drugs into the country. The drugs had been ingested by …

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin)

Article • January 1, 1994

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Ekwunoh, No. 93-1075, No. 69 (2nd Cir.) (12 F.3d 368) (December 17, 1993) (Judge Joseph M. McLaughlin) by The Court held that Judge Weinstein's finding that the defendant could not have reasonably foreseen the amount of heroin in her possession was clearly erroneous, and his refusal to apply …