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U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay) by The specific issue before the Court in this case was whether a state conviction for being a minor in possession of alcohol is "countable" under § 4A1.2(c) of the Guidelines for purposes …

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg) by The Second Circuit described this case as “a good example of the growing complexity of the Guidelines and the difficulties in interpreting them.” (Id., at 205). It also shows the Guidelines penchant for …

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky) by This case is noted for its review of the standards that apply to the admission of "similar acts" evidence under Rule 404(b) and for its rejection of the Government's motion to …

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Under the Guidelines, prior sentences imposed more than 15 years (or, in some cases, 10 years) before the commencement of the defendant's current offense are not to be counted in his criminal …

U.S. v. Heidbur, No. 96-4264 (8th Cir.) (122 F.3d 577) (August 11, 1997) (Judge C. Arlen Beam)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Heidbur, No. 96-4264 (8th Cir.) (122 F.3d 577) (August 11, 1997) (Judge C. Arlen Beam) by Court rejected the Government's argument that the defendant's prior sexual conduct was "inextricably intertwined" with the crime charged and that it was similar in kind and proximate in time - ruling that …

U.S. v. Latney, No. 95-3170 (D.C. Cir.) (108 F.3d 1446) (March 21, 1997) (Judge A. Raymond Randolph)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Latney, No. 95-3170 (D.C. Cir.) (108 F.3d 1446) (March 21, 1997) (Judge A. Raymond Randolph) by In the overwhelming number of criminal cases, perhaps the most controverted of the Federal Rules of Evidence is Rule 404(b), which permits the prosecution to introduce evidence of an accused’s extrinsic acts …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by While the theme of this case is the ugly subject of murder, the principal issue raised transcends that heinous crime and explores an important facet of the use of so-called "bad …

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo) by

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter) by Case held that bad acts evidence need not be similar in kind if it is offered to prove knowledge or intent. In this case the Second Circuit refused to …

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by Case held that including bad check convictions (which are not fraudulant in nature) with bank fraud in criminal history category was erroneous since they were not similar in nature as required by …

U.S. v. Badru, No. 94-3163 (D.C. Cir.) (97 F.3d 1471) (October 4, 1996) (Judge Judith W. Rogers)

Article • January 1, 1995

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Badru, No. 94-3163 (D.C. Cir.) (97 F.3d 1471) (October 4, 1996) (Judge Judith W. Rogers) by One of the issues discussed in this case was the difference between "extrinsic" and "intrinsic" evidence of prior bad acts under Rule 404(b). The defendants objected to the admission of evidence of …