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U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Plain Error

U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero) by The Defendant in this case, Miguel Bustamante-Conchas, was indicted on two drug distribution charges and a charge of possession of a firearm during and in relation to a drug-trafficking crime. He was convicted …

U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl)

Article • June 10, 2013 • from P&J June, 2013

Filed under: Punch And Jurists, Plain Error

U.S. v. Baird, No. 12-1565 (1st Cir.) (712 F.3d 623) (April 5, 2013) (Judge Norman H. Stahl) by This is a noteworthy decision in which the First Circuit vacated a conviction for a single count of possession of a stolen firearm in violation of 18 U.S.C. § 922(j) on the …

U.S. v. Zavala-Marti, No. 11-1283 (1st Cir.) (715 F.3d 44) (May 13, 2013) (Judge Kermit A. Lipez)

Article • May 27, 2013 • from P&J May, 2013

Filed under: Punch And Jurists, Statutory Maximum

U.S. v. Zavala-Marti, No. 11-1283 (1st Cir.) (715 F.3d 44) (May 13, 2013) (Judge Kermit A. Lipez) by This case is noted as a good example of a sentencing gone badly awry. Not only did the First Circuit find that “the general sentence of life imprisonment imposed on the [defendant] …

Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Timeliness

Henderson v. U.S., No. 11-9307 (U.S. Supreme Court) (568 U.S. 266; 133 S.Ct. 1121) (February 20, 2013) (Justice Breyer) by Rule 52(b) of the Fed.R.Crim.P. provides that “[a] plain error that affects substantial rights may be considered [by an appellate court] even though it was not brought to the [trial] …

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Plain Error

U.S. v. Wagner-Dano, No. 10-4593-cr (2nd Cir.) (679 F.3d 83) (May 14, 2012) (Judge Debra Ann Livingston) by A 78-month prison term for wire fraud is affirmed against contentions of procedural and substantive unfairness, where: 1) the district court did not commit plain error by allegedly inadequately considering the 18 …

U.S. v. Wilson, No. 06-20290 (E.D.Mich.) (827 F.Supp.2d 747) (August 24, 2011) (Judge Lawrence P. Zatkoff)

Article • June 25, 2012 • from P&J June, 2012

Filed under: Punch And Jurists, Pre-Prepared Sentencing Materials

U.S. v. Wilson, No. 06-20290 (E.D.Mich.) (827 F.Supp.2d 747) (August 24, 2011) (Judge Lawrence P. Zatkoff) by In U.S. v. Wilson, 614 F.3d 219, 224 (6th Cir. July 19, 2010) (“Wilson 1") (P&J, 11/08/10), the Sixth Circuit vacated a 48 month sentence imposed on the defendant, Lashawn Wilson, who pled …

U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor)

Article • May 11, 2012

Filed under: Punch And Jurists, Plain Error

U.S. v. Olano, No. 91-1306 (U.S. Supreme Court) (507 U.S. 725; 113 S.Ct. 1770) (April 26, 1993) (Justice O'Connor) by This is one of the Court's leading cases on the distinctions between plain and harmless error as used in Fed.R.Crim.P. 52(a) and (b) when the defendant has failed to make …

U.S. v. Rodriguez, No. 10-3017 (D.C. Cir.) (676 F.3d 183) (March 9, 2011) (Judge Karen LeCraft Henderson)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Timeliness

U.S. v. Rodriguez, No. 10-3017 (D.C. Cir.) (676 F.3d 183) (March 9, 2011) (Judge Karen LeCraft Henderson) by Here the Court held (a) that a lawyer’s failure to seek safety-valve relief for his client constituted ineffective assistance of counsel; and (b) that a defendant is eligible for such relief once …

U.S. v. Wilson, No. 08-1963 (6th Cir.) (614 F.3d 219) (July 19, 2010) (Judge Danny J. Boggs)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Pre-Prepared Sentencing Materials

U.S. v. Wilson, No. 08-1963 (6th Cir.) (614 F.3d 219) (July 19, 2010) (Judge Danny J. Boggs) by This case is noted for Judge Boyce Martin's strong concurring opinion in which he roundly condemned “the practice of a judge walking into a sentencing hearing with an opinion already prepared” which …

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Plain Error

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia) by The question before the Court in this case was whether the plain error standard of review set forth in Rule 52(b) applies when a prosecutor breaches a plea agreement that …

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Morena, No. 07-1297 (3rd Cir.) (547 F.3d 191) (November 19, 2008) (Judge Ruggero J. Aldisert) by William Morena appealed from a jury verdict that found him guilty of being a felon in possession of a firearm and possession of an unregistered sawed-off shotgun with a barrel of less …

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist)

Article • April 28, 2007 • from P&J May, 1999

Filed under: Punch And Jurists, Plain Error

Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by While the Court agreed that in financial fraud crimes (tax, wire, mail and bank fraud) the issue of materiality is an element of the crime that must be submitted to …

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Coffey, No. 04-2176 (8th Cir.) (415 F.3d 882) (July 25, 2005) (Judge Roger L. Wollman) by In this case, Coffey objected to the district court increasing his mandatory guidelines sentence on the basis of the evidence before it, asserting that it was insufficient to establish any drug quantity. …

U.S. v. Cardwell, No. 03-4585 (4th Cir.) (433 F.3d 378) (December 30, 2005) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Cardwell, No. 03-4585 (4th Cir.) (433 F.3d 378) (December 30, 2005) (Judge Karen J. Williams) by U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy) U.S. v. Cardwell, 433 F.3d 378 (4th Cir. Dec. 30, 2005) (Judge Williams) U.S. v. Hankton, 432 F.3d 779 …

U.S. v. Antonakopoulos, No. 03-1384 (1st Cir.) (399 F.3d 68) (February 22, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Antonakopoulos, No. 03-1384 (1st Cir.) (399 F.3d 68) (February 22, 2005) (Judge Sandra L. Lynch) by In reviewing the impact of U.S. v. Booker on sentencing, the Court observed that: "The mandatory nature of the Guidelines has produced particular results which led trial judges to express that the …

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam) by This decision is noted for Judge Hill's concurring opinion in which he railed against the Eleventh Circuit's exceptionally rigid policy of denying most Booker appeals. On that issue, he stated in part: "In supplemental …

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon) by This case is noted for Judge Tjoflat’s caustic concurring opinion in which he castigated as “bad law” and “wrong when it was decided,” the Eleventh Circuit’s decision in U.S. v. Rodriguez, 398 …

U.S. v. Ameline, No. 02-30326 (9th Cir.) (409 F.3d 1073) (June 1, 2005) (Judge Johnnie B. Rawlinson)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Ameline, No. 02-30326 (9th Cir.) (409 F.3d 1073) (June 1, 2005) (Judge Johnnie B. Rawlinson) by Previously, in U.S. v. Ameline, 400 F.3d 646 (9th Cir. Feb. 9, 2005) (Ameline I) (P&J, 01/24/05), a three-judge panel from the Ninth Circuit held that the defendant’s sentence - which was …

U.S. v. Davis, No. 02-4521 (3rd Cir.) (407 F.3d 162) (April 28, 2005) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Davis, No. 02-4521 (3rd Cir.) (407 F.3d 162) (April 28, 2005) (Judge Anthony J. Scirica) by In this case, the Third Circuit spelled out its views regarding remands for resentencing in light of Booker. In rejecting the Government’s motion for an en banc rehearing of an earlier decision …

U.S. v. Pirani, No. 03-2971 (8th Cir.) (406 F.3d 543) (April 29, 2005) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Pirani, No. 03-2971 (8th Cir.) (406 F.3d 543) (April 29, 2005) (Judge James B. Loken) by Here, over the dissent of four judges, the majority of the en banc court held: "In this case, we apply the Supreme Court's recent decision in United States v. Booker, 160 L. …