U.S. v. Gaind, No. 91 Cr 859 (VLB) (S.D.N.Y.) (829 F.Supp. 669) (September 13, 1993) (Judge Vincent L. Broderick)

Loaded on Jan. 1, 1994

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices.

The defendant in this case was convicted of making false statements in connection with contracts that he had, through his business, obtained with the EPA. The defendant's business was effectively destroyed by the discovery of his crime. Id. at 670. The court departed downward, stating:

"In the present instance, the …

Full article and associated cases available to subscribers.

As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from these topics:

Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence, Dec. 1, 2024. Sentencing Goals/Purposes/Practices.
Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’, Sept. 1, 2023. Sentencing Goals/Purposes/Practices, Protected Persons, Sentence Enhancements/Departures.
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, Sept. 15, 2021. First Step Act, Sentencing Goals/Purposes/Practices.
Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, March 15, 2021. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Sentence of Probation.
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing, July 15, 2020. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices.
Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.
Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy), March 27, 2019. Punch And Jurists, Right to be Present.
Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun), March 27, 2019. Forfeiture, Punch And Jurists.