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U.S. v. Savoca, No. 08-4610-cr (2nd Cir.) (596 F.3d 154) (February 25, 2010) (Judge Richard W. Goldberg)

Article • June 28, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Savoca, No. 08-4610-cr (2nd Cir.) (596 F.3d 154) (February 25, 2010) (Judge Richard W. Goldberg) by Defendant's amended sentence for attempted robbery is affirmed where: 1) an obstruction of justice enhancement applied to conduct that occurred with respect to an otherwise closely related case, such as that of …

U.S. v. Byors, No. 08-4811-cr (2nd Cir.) (586 F.3d 222) (October 29, 2009) (Judge Jose A. Cabranes)

Article • December 1, 2009

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Byors, No. 08-4811-cr (2nd Cir.) (586 F.3d 222) (October 29, 2009) (Judge Jose A. Cabranes) by Defendant's mail fraud sentence is affirmed where: 1) a defendant is not entitled to an offset against a loss based on business expenses that confer no benefit upon the victims; and 2) …

U.S. v. Hertular, No. 07-1453 (2nd Cir.) (562 F.3d 433) (April 6, 2009) (Judge Reena Raggi)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Hertular, No. 07-1453 (2nd Cir.) (562 F.3d 433) (April 6, 2009) (Judge Reena Raggi) by Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant's conviction for forcibly impeding or intimidating a …

U.S. v. Ayers, No. 04-0103 (2nd Cir.) (416 F.3d 131) (July 21, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ayers, No. 04-0103 (2nd Cir.) (416 F.3d 131) (July 21, 2005) (Per Curiam) by The issue in this case was whether the defendant's effort to obstruct the state's investigation of his crime, which preceded the federal investigation and prosecution of a different but related crime, triggered the obstruction …

U.S. v. Khimchiachvili, No. 03-1166(L) (2nd Cir.) (372 F.3d 75) (June 9, 2004) (Judge Edward R. Korman)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Khimchiachvili, No. 03-1166(L) (2nd Cir.) (372 F.3d 75) (June 9, 2004) (Judge Edward R. Korman) by Rejecting authority to the contrary from the Ninth and Eleventh Circuits, the Second Circuit held that the district court had erred in imposing a two-level enhancement for obstruction of justice under U.S.S.G. …

U.S. v. Banks, No. 02-16866 (11th Cir.) (347 F.3d 1266) (October 20, 2003) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Banks, No. 02-16866 (11th Cir.) (347 F.3d 1266) (October 20, 2003) (Judge Alfred T. Goodwin) by Defendant pled guilty to six counts of fraud in violation of 18 U.S.C.S. § 1029. He appealed the sentence imposed by the United States District Court for the Northern District of Georgia, …

U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss) by The district court erred in applying the sentence enhancement under U.S.S.G. § 3C1.1, where defendant's statements to the FBI did not actually impede the investigation, but were a refusal to assist …

U.S. v. Jones, No. 01-4550 (4th Cir.) (308 F.3d 425) (October 28, 2002) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Jones, No. 01-4550 (4th Cir.) (308 F.3d 425) (October 28, 2002) (Judge Karen J. Williams) by Obstruction of justice Guideline (USSG § 3C1.1) does not require that perjury forming basis for obstruction enhancement bear some relation to the offense of conviction; it is sufficient if perjury occurred during …

U.S. v. Dunnigan, No. 91-1300 (U.S. Supreme Court) (507 U.S. 87; 113 S.Ct. 1111) (February 23, 1993) (Justice Kennedy)

Article • September 7, 2002

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Dunnigan, No. 91-1300 (U.S. Supreme Court) (507 U.S. 87; 113 S.Ct. 1111) (February 23, 1993) (Justice Kennedy) by The defendant in this case was charged with a sing;e count of conspiracy to distribute cocaine. She elected to take the stand and was the sole witness in her own …

U.S. v. Williams, No. 01-3104 (8th Cir.) (288 F.3d 1079) (April 30, 2002) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Williams, No. 01-3104 (8th Cir.) (288 F.3d 1079) (April 30, 2002) (Judge Morris Sheppard Arnold) by With the help of a cooperating witness, the FBI was conducting an ongoing investigation into the sale of cocaine base in Arkansas. Because its own witness was confused about the identity of …

U.S. v. Jackson-Randolph, No. 00-1073 (6th Cir.) (282 F.3d 369) (February 22, 2002) (Judge Gordon J. Quist)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Jackson-Randolph, No. 00-1073 (6th Cir.) (282 F.3d 369) (February 22, 2002) (Judge Gordon J. Quist) by At issue in this case was a 2-level ehnancement for obstruction of justice imposed on the defendant for attempting to thwart a forfeiture order by transferring certain properties out of her name. …

U.S. v. Kloess, No. 00-13080 (11th Cir.) (251 F.3d 941) (May 18, 2001) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Kloess, No. 00-13080 (11th Cir.) (251 F.3d 941) (May 18, 2001) (Judge James C. Hill) by Here the Eleventh Circuit held that the "safe harbor" provisions of 18 USC § 1515(c) provide an attorney with a complete affirmative defense aginst an obstruction of justice charge under 18 USC …

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer)

Article • March 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer) by This case is noted as a graphic example of what has become a fairly common double whammy at sentencing: a five level swing consisting of a two level sentence enhancement for obstruction …

U.S. v. Maccado, No. 99-3101 (D.C. Cir.) (225 F.3d 766) (October 4, 2000) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Maccado, No. 99-3101 (D.C. Cir.) (225 F.3d 766) (October 4, 2000) (Judge Judith W. Rogers) by Here the Court affirmed an obstruction of justice enhancement under USSG § 3C1.1 based on a defendant’s delay in giving a handwriting exemplar is proper even in the absence of any substantial …

U.S. v. McSherry, No. 99-1749 (2nd Cir.) (226 F.3d 153) (September 22, 2000) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. McSherry, No. 99-1749 (2nd Cir.) (226 F.3d 153) (September 22, 2000) (Judge Dennis G. Jacobs) by United States v. Maccado, 225 F.3d 766 (D.C. Cir. 2000) (Judge Rogers) United States v. McSherry, 226 F.3d 153 (2nd Cir. 2000) (Judge Jacobs) As these two cases show, there are significant …

U.S. v. Aguilar, No. 94-270 (U.S. Supreme Court) (515 U.S. 593; 115 S.Ct. 2357) (June 21, 1995) (Justice Rehnquist)

Article • September 4, 2000

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Aguilar, No. 94-270 (U.S. Supreme Court) (515 U.S. 593; 115 S.Ct. 2357) (June 21, 1995) (Justice Rehnquist) by Case held that uttering false statements to an investigating agent who might or might not testify before a grand jury is not sufficient to make out a violation of 18 …

U.S. v. Norris, No. 99-30689 (5th Cir.) (217 F.3d 262) (June 26, 2000) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Norris, No. 99-30689 (5th Cir.) (217 F.3d 262) (June 26, 2000) (Judge Will L. Garwood) by Here the Court affirmed an enhancement for"substantial interference with the administration of justice" for a defendant convicted of perjury - despite agreeing that the expenses of his perjury conviction could not form …

Haddle v. Garrison, No. 97-1472 (U.S. Supreme Court) (525 U.S. 121; 119 S.Ct. 489) (December 14, 1998) (Justice Rehnquist)

Article • June 19, 2000

Filed under: Punch And Jurists, Obstruction of Justice

Haddle v. Garrison, No. 97-1472 (U.S. Supreme Court) (525 U.S. 121; 119 S.Ct. 489) (December 14, 1998) (Justice Rehnquist) by Here the Court held that in order to state a claim for damages under 42 USC § 1985(2) it is not necessary for the plaintiff to show an injury to …

U.S. v. Diaz, No. 98-2120 (10th Cir.) (189 F.3d 1239) (August 27, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Judicial or Administrative Orders

U.S. v. Diaz, No. 98-2120 (10th Cir.) (189 F.3d 1239) (August 27, 1999) (Judge Robert H. Henry) by In 1997, the district court in New Mexico adopted a new policy for handling cases, under which a different judge from Albuquerque sits in the court house in Las Cruces each month. …

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner) by Here the Court held that false statements made by a defendant in the hope of convincing the court not to apply an enhancement provision of the Guidelines can amount to obstruction of …