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U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Commercial Truck Driver
U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien) by We originally noted this decision in the 10/07/13 issue of P&J for a different issue - namely, the Court’s detailed discussion of the validity of the so-called “permitted inference” jury instruction, which …
U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard)
Article • May 1, 2004 • from P&J May, 2004
Filed under: Punch And Jurists, Special Skills
U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard) by As part of his plea agreement, the defendant in this case stipulated that he had conspired with several others to smuggle hundreds of kilos of marijuana into Puerto Rico. At sentencing, the …
U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain)
Article • March 1, 2004 • from P&J March, 2004
Filed under: Punch And Jurists, Special Skills
U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain) by Here the Court reversed a 2-level "special skills" enhancement under USSG § 3B1.3, holding that the district court erred in holding that a card shark's "extraordinary eyesight" which enabled him to peek …
U.S. v. Covey, No. 00-1768 (8th Cir.) (232 F.3d 641) (November 16, 2000) (Judge Diana E. Murphy)
Article • December 1, 2000 • from P&J December, 2000
Filed under: Punch And Jurists, Special Skills
U.S. v. Covey, No. 00-1768 (8th Cir.) (232 F.3d 641) (November 16, 2000) (Judge Diana E. Murphy) by Here, Judge Loken objected to the majority's rather routine approval of a sentence enhancement for the defendant, an accountant, based on his "use of his special skills" as a CPA to effectuate …
U.S. v. Urban, No. 97-7107 (3rd Cir.) (140 F.3d 229) (March 20, 1998) (Judge Arthur L. Alarcon)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Special Skills
U.S. v. Urban, No. 97-7107 (3rd Cir.) (140 F.3d 229) (March 20, 1998) (Judge Arthur L. Alarcon) by The fact that this case involved bombs and destructive devices made it virtually certain that the defendant would not win, as evidenced by the Court's treatmnet of a number of cases cited …
U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Special Skills
U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay) by You may not get a sentencing break if you are a drug addict in this country - but, as this case shows, you usually can if you are a former law enforcement …
U.S. v. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Special Skills
U.S. v. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya) by Court held that special skill enhancment does not require either formal training or professional stature; and that enhancement does not hinge on the complexity of the task to be performed.
U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy)
Article • January 1, 1994
Filed under: Punch And Jurists, Special Skills
U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy) by The Court concluded: "The conclusion that truck driving necessitates the use of a special skill only completes part of the analysis. A court must also determine that a defendant actually used that …