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U.S. v. Marzzarella, No. 09-3185 (3rd Cir.) (614 F.3d 85) (July 29, 2010) (Judge Anthony J. Scirica)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Obliterated Serial Number
U.S. v. Marzzarella, No. 09-3185 (3rd Cir.) (614 F.3d 85) (July 29, 2010) (Judge Anthony J. Scirica) by Here the Court rejected a post-Heller Second Amendment challenge to the constitutional validity of 18 U.S.C. § 922(k), which makes it a Federal crime to possess a firearm that has the manufacturer’s …
U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans)
Article • February 1, 2001 • from P&J February, 2001
Filed under: Punch And Jurists, Weapons
U.S. v. Sandoval, No. 99-4223 (7th Cir.) (241 F.3d 549) (February 20, 2001) (Judge Terrence T. Evans) by Seemingly without pause, the Seventh Circuit continues its unremitting assault on the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000). The issue addressed in this case was whether …
U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Weapons
U.S. v. Szakacs, No. 98-3932 (7th Cir.) (212 F.3d 344) (May 2, 2000) (Judge Michael S. Kanne) by Here the Seventh Circuit held that applying a sentence enhancement under USSG § 2K2.1(b)(5) for using a firearm in connection with another felony offense is impermissible double counting if both offenses consist …
U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Weapons
U.S. v. Rome, No. 99-50568 (5th Cir.) (207 F.3d 251) (March 17, 2000) (Per Curiam) by Here the Court held that an assertion in the defendant's presentence report that he would have stolen all 87 guns on display in a store he attempted to rob was insufficient to justify a …
U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Weapons
U.S. v. Castillo, No. 97-50708 (5th Cir.) (179 F.3d 321) (June 22, 1999) (Judge Emilio M. Garza) by The defendants in this case were the survivying members of the Branch Davidian sect who were charged with and convicted for, among other things, violating 18 U.S.C. § 924(c)(1) based on their …
U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Weapons
U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by In this case the defendant pled guilty to being a felon in possesion of a gun, arising out of conduct on an Interstate highway where, while driving under the influence of liquor, …
U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Weapons
U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Relying on the defendant's status as a "prohibited person" under 18 USC § 922(g)(3), the court rejected the defendant's claim that some of the firearms found in his home were legally possessed …
U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Weapons
U.S. v. Armstead, No. 96-40539 (5th Cir.) (114 F.3d 504) (June 2, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court conceded that there was no evidence that the defendants used or possessed any firearms before they broke into a pawn shop, but once they picked up guns during …
U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Weapons
U.S. v. Moit, No. 96-2801 (8th Cir.) (100 F.3d 605) (November 14, 1996) (Per Curiam) by Here's a somewhat surprising decision in which the Eighth Circuit reversed a lower court's refusal to grant the defendant, who was charged with an ex-felon gun possession crime, a significant sentence reduction under U.S.S.G. …
U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)
Article • January 1, 1994
Filed under: Punch And Jurists, Weapons
U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the Court reversed, as unwarranted, a 9 year upward departure granted in a robbery case, based on USSG § 5K2.3 (Extreme Psychological Injury) and § 5K2.6 (Weapons and Dangerous Instrumentalities). Here …