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Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter)

Article • September 6, 2006

Filed under: Punch And Jurists, Stipulations

Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter) by In this decision, the Supreme Court issued an important ruling which resolved (at least until the Justice Department seeks new legislation to overturn this result) a sharp disagreement among …

U.S. v. Collins, No. 00-3783 (7th Cir.) (272 F.3d 984) (December 3, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Collins, No. 00-3783 (7th Cir.) (272 F.3d 984) (December 3, 2001) (Judge Kenneth F. Ripple) by Here the Seventh Circuit affirmed its rule that Apprendi does not require drug quantity to be submitted to the jury where the defendant has stripulated to the drug quantity.

U.S. v. Roper, No. 99-6693 (6th Cir.) (266 F.3d 526) (September 21, 2001) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Roper, No. 99-6693 (6th Cir.) (266 F.3d 526) (September 21, 2001) (Judge Ronald Lee Gilman) by After the defendant in this case was sentenced to 265 months in prison for drug crimes, he appealed - arguing that his sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000) …

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold) by This brief decision addressed two related Apprendi issues: (a) whether a defendant can raise an Apprendi claim on a direct appeal after "forfeiting" the claim by not raising it in the district …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here, the 2nd Circuit rejected a series of Apprendi claims, including one holding that where factual determinations are used to sentence the defendant to a sentence within the maximum allowed by statute, …

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth) by The defendants in this case were health care services providers convicted of perpetrating a scheme to fraudulently obtain Medicare funds. In an in limine motion, the defendants unsuccessfully sought …

Braxton v. U.S., No. 90-5358 (U.S. Supreme Court) (500 U.S. 344; 111 S.Ct. 1854) (May 28, 1991) (Justice Scalia)

Article • November 8, 1999

Filed under: Punch And Jurists, Stipulations

Braxton v. U.S., No. 90-5358 (U.S. Supreme Court) (500 U.S. 344; 111 S.Ct. 1854) (May 28, 1991) (Justice Scalia) by Here the Court reviewed - and declined to resolve - a Circuit split under the then version of § 1B1.2(a) as to whether any "stipulation" as referred to in the …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker) by Here, departing from the rule in other Circuits, the Court held that oral stipulations under USSG § 1B1.2(a) require careful scrutiny and must meet strict requirements before they will qualify as a …

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Mastrangelo, No. 98-1469 (3rd Cir.) (172 F.3d 288) (April 9, 1999) (Judge Dolores K. Sloviter) by The Court stressed that the stipulation in question was a limited one: "Mastrangelo "had the chemical background to know the ingredients and equipment necessary to make methamphetamine." Significantly, Mastrangelo did not stipulate …

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Loos, No. 98-2150 (7th Cir.) (165 F.3d 504) (December 16, 1998) (Judge Frank H. Easterbrook) by Here the Court held that "stipulation" as used in USSG § 1B1.2(a) does not require a defendant's acknowledgment of more serious conduct to be part of a formal procedure and encompasses oral …

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that provision of plea agreement stating that the U.S. "submits" that the offense involved more than 50 grams of crack was not a stipulation that was binding on the defendant …

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by United States v. Harris, 137 F.3d 1058 (8th Cir. 1998) (Judge Beam) United States v. Crowder, Docket No. 92-3133 (D.C.Cir. May 1, 1998) (En Banc) (Judge Randolph) Both of these decisions reflect …

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)

Article • April 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by United States v. Harris, 137 F.3d 829 (8th Cir. 1998) (Judge Beam) United States v. Crowder, 141 F.3d 1202 (D.C.Cir. 1998) (En Banc) (Judge Randolph) Both of these decisions reflect a growing …

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Crowder, No. 92-3133 (D.C. Cir.) (141 F.3d 1202) (May 1, 1998) (Judge A. Raymond Randolph) by En banc decision holding that a defendant's offer to stipulate his status as a prior felon does not block introduction of other crimes evidence.

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam)

Article • April 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Harris, No. 97-1812 (8th Cir.) (130 F.3d 829) (March 3, 1998) (Judge C. Arlen Beam) by Case rejected spirit of U.S. v. Old Chief and held that any error in rejecting defendant's offer to stipulate to felon status was harmless. This case is noted for strong dissent of …

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Daniel, No. 96-5405 (6th Cir.) (134 F.3d 1259) (January 22, 1998) (Judge Richard F. Suhrheinrich) by Here, citing Old Chief v. U.S., 136 L.Ed.2d 574 (1997), the Court held that admitting evidence of the defendant's prior convictions despite his offer to stipulate to his status as a felon …

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Stipulations

U.S. v. Mayer, No. 97-1015 (8th Cir.) (130 F.3d 338) (December 1, 1997) (Judge Roger L. Wollman) by This case is noted for the Court's holding on a restitution issue. The Government, after apparently determining that it could only prove a certain amount of losses, stipulated in the plea agreement …

U.S. v. Moore, No. 97-1351 (8th Cir.) (129 F.3d 989) (December 16, 1997) (Judge Donald R. Ross)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Moore, No. 97-1351 (8th Cir.) (129 F.3d 989) (December 16, 1997) (Judge Donald R. Ross) by Court held that Supreme Court's decision in Old Chief v. U.S. did not compel reversal of conviction where court concludes that error resulted only in harmless error. Last year, the Supreme Court …

Blaik v. U.S., No. 94-8323 (11th Cir.) (117 F.3d 1288) (July 24, 1997) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Stipulations

Blaik v. U.S., No. 94-8323 (11th Cir.) (117 F.3d 1288) (July 24, 1997) (Judge Stanley F. Jr. Birch) by This is an important restitution case under the "old law", which held, inter alia, that a challenge to illegal restitution payments was permissible under 28 USC § 2255 - although the …