Search | Punch and Jurists

U.S. v. Laughlin, No. 12-cr-30081 (C.D.Ill.) (942 F.Supp.2d 859) (April 23, 2013) (Judge Richard Mills)

Article • January 20, 2014 • from P&J January, 2014

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Laughlin, No. 12-cr-30081 (C.D.Ill.) (942 F.Supp.2d 859) (April 23, 2013) (Judge Richard Mills) by

U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman)

Article • November 1, 2010

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman) by Defendant's sentence for various firearms and narcotics offenses is affirmed where the sentence did not violate the Ex Post Facto Law clause because defendant’s sentencing range under the unamended Sentencing Guidelines would …

U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson)

Article • August 23, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson) by Here the Court denied a Rule 29 motion based on the Government’s failure to disclose the transcripts of certain SEC depositions, but sharply criticized it, stating it was “mystified” by its failure to …

U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt) by This is an interesting ruling that addresses a recurring issue: Is a defendant required to provide the Probation Office with information that the officer deems necessary to complete the defendant’s presentence report? In …

U.S. v. Mejia-Pimental, No. 05-30604 (9th Cir.) (477 F.3d 1100) (February 26, 2006) (Judge Richard A. Paez)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Good Faith Disclosure

U.S. v. Mejia-Pimental, No. 05-30604 (9th Cir.) (477 F.3d 1100) (February 26, 2006) (Judge Richard A. Paez) by One of the few statutory provisions that enables a defendant to obtain relief from the growing assortment of mandatory minimum sentences is the safety valve statute contained in 18 U.S.C. § 3553(f), …

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Hall, No. 03-2425 (1st Cir.) (434 F.3d 42) (January 12, 2006) (Judge Jeffrey R. Howard) by After his conviction, the defendant argued on appeal that the Government had violated his due process rights by withholding critical evidence about the background of one of its informants who testified at …

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt)

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

Filed under: Punch And Jurists, Disclosure Obligations

Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt) by Petitioner inmate moved under Fed. R. Civ. P. 60 for relief from his conviction and sentence for tax evasion and money laundering, inter alia. Defendant United States opposed the motion. The inmate …

U.S. v. Morgan, No. 02-50603 (9th Cir.) (376 F.3d 1002) (July 23, 2004) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Morgan, No. 02-50603 (9th Cir.) (376 F.3d 1002) (July 23, 2004) (Judge Susan P. Graber) by Defendant challenged her convictions by the United States District Court for the Central District of California on charges of bank fraud and making false statements to a federally insured financial institution. Co-defendant …

U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien) by Here the Court held that Guideline Amendment 632, which replaced the 16-level increase in offense level previously mandated for illegal reentry defendants with aggravated felonies with an 8 to 16 level increase …

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood) by The defendant in this case, Humberto Cruz Alvarado (“Cruz”), was convicted of a drug crime; and he was sentenced to the applicable five-year mandatory minimum sentence. On appeal, Cruz argued that the …

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson) by Here the Court held that, “while a defendant seeking safety valve relief is not obliged to submit to an interview with the Government, . . . a defendant who declines to offer …

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Minore, No. 99-30381 (9th Cir.) (292 F.3d 1109) (June 17, 2002) (Judge Raymond C. Fisher) by In this case the Court considered the significance of Apprendi v. New Jersey, 530 U.S. 466 (2000), in a realm other than sentencing. The defendant, Gary W. Minore, challenged the validity of …

Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger)

Article • February 8, 2002

Filed under: Punch And Jurists, Disclosure Obligations

Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger) by In this case an assistant to the prosecutor secretly promised the Government's only witness that he would avoid prosecution if he testified on the state's behalf, but did not reveal …

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, Disclosure Obligations

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer) by Here the Court affirmed the denial of an acceptance of responsibility sentence reduction, even though it also held that it was improper to impose an enhancement for obstruction of justice based on …

U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg) by In this decision, a divided Eighth Circuit panel affirmed Judge Kopf's earlier decision, reported at 41 F.Supp.2d 1004 (D.Neb. 1999), which was reviewed in the 6/21/99 issue of P&J. Essentially, in that …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

U.S. v. Conde, No. 98-1364 (2nd Cir.) (178 F.3d 616) (June 2, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Conde, No. 98-1364 (2nd Cir.) (178 F.3d 616) (June 2, 1999) (Judge Amalya Lyle Kearse) by Citing the Fourth Circuit's decision in U.S. v. Ivester, 75 F.3d 182, 184 (4th Cir. 1996), the Court emphasized that the disclosure obligations under ther safety-valve provision are different than under the …

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Schreiber, No. 98-1462 (2nd Cir.) (191 F.3d 103) (September 2, 1999) (Judge Fred I. Parker) by In this case, the defendant was indicted on charges that included conspiracy to distribute marijuana. In proffer sessions held soon after his indictment, he lied to prosecutors about the scope of the …

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé) by This is an interesting Jencks Act (18 U.S.C. § 3500) decision that contains some surprisingly sweeping statements about the scope of the Act and the remedies that are available when the …

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by The Court held that when a defendant appeals a sentence based on a retroactive amendment to the Guidelines, the court has the authority to consider a downward departure based on new circumstances, such …