Punch and Jurists

Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam) by In this case, the Supreme Court expanded on its holding in Kontrick v. Ryan, 540 U.S. 443 (2004) by ruling that Fed. R. Crim. P. 33(a), which includes time limitations …

U.S. v. Gracia, No. 07-40245 (5th Cir.) (522 F.3d 597) (March 31, 2008) (Judge Jacques L. Jr. Wiener) by In a rare ruling, a panel from the Fifth Circuit reversed a criminal conviction on the ground that the prosecutor had used his closing argument to improperly bolster the credibility of …

U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett) by Case reviewed differences between motion for judgment of acquittal and motion for new trial. This is another important and well-argued case in which Judge Bennett, with his usual methodical care and precision, …

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya) by This multi-issue sentencing decision by the pedantic Judge Selya is cited for two holdings. First he holds that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, …