U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg)
Loaded on March 1, 2001
published in Punch and Jurists
March 19, 2001
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
This case presents another striking example of sentencing factor manipulation - this time involving the prosecution’s use of the mandatory minimum gun statutes as the means of escalating sentences that are already warped beyond all reason. Here, an undercover police officer made a $20 “confirmatory” drug purchase from the defendant ...
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More from this issue:
- U.S. v. Lopez-Pastrana, No. 00-10146 (9th Cir.) (244 F.3d 1025) (March 28, 2001) (Judge Joseph T. Sneed)
- U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg)
- U.S. v. Lora, No. CR. 98-10054-NG (D.Mass.) (129 F.Supp.2d 77) (February 20, 2001) (Judge Nancy Gertner)
- U.S. v. James, No. 99-390PWG (D.Md.) (128 F.Supp.2d 291) (January 18, 2001) (Judge Magistrate)
- U.S. v. Smith, No. 99-11377 (11th Cir.) (240 F.3d 927) (January 30, 2001) (Per Curiam)
- Mattis v. Vaughn, No. CIV.A. 99-6533 (E.D.Pa.) (128 F.Supp.2d 249) (January 17, 2001) (Judge Franklin S. Van Antwerpen)
- U.S. v. Noble, No. 99-2899 (7th Cir.) (246 F.3d 946) (April 5, 2001) (Judge William J. Bauer)
- U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle)
- U.S. v. Smith, No. 00-1590 (8th Cir.) (240 F.3d 732) (January 26, 2001) (Judge Theodore McMillian)
- U.S. v. Pease, No. 99-2301 (11th Cir.) (240 F.3d 938) (January 30, 2001) (Per Curiam)
- U.S. v. Christopher, No. 00-10899 (11th Cir.) (239 F.3d 1191) (January 22, 2001) (Judge Joel F. Dubina)
- U.S. v. Corral-Gastelum, No. 99-10582 (9th Cir.) (240 F.3d 1181) (March 5, 2001) (Judge Stephen Reinhardt)
- U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams)
More from these topics:
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, Sept. 15, 2021. RICO, Possession or Use of Firearms, Gang Membership.
- The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, May 15, 2021. Possession or Use of Firearms.
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, Jan. 15, 2021. Possession or Use of Firearms, Firearms, Constructive/Imputed/Presumed knowledge.