U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)
Loaded on Aug. 1, 2003
published in Punch and Jurists
August 18, 2003
Filed under:
Punch And Jurists,
Sentences - Adjustments and Departures.
Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the conduct in question was sadistic.
The defendant in this case, Randy Kimler, was convicted of receiving, …
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.
Already a subscriber? Login
More from this issue:
- U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam)
- U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)
- U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)
- U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman)
- A.C.L.U. v. U.S. Dept. of Justice, No. Civ.A.02-2077 ESH (D.D.C.) (265 F.Supp.2d 20) (May 19, 2003) (Judge Ellen Segal Huvelle)
- U.S. v. Tyson, No. 02-X-73808-DT (E.D.Mich.) (265 F.Supp.2d 788) (April 9, 2003) (Judge Patrick J. Duggan)
- Monahan v. Winn, No. Civ. No. 03-400750NG (D.Mass.) (276 F.Supp.2d 196) (August 12, 2003) (Judge Nancy Gertner)
- U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman)
- Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker)
More from these topics:
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026. State Legislation, Domestic Violence, Prosecutorial Misconduct, Sentences - Adjustments and Departures, Reduction of Sentence.
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, Oct. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations.
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, Aug. 1, 2024. U.S. Sentencing Guidelines, Sentences - Adjustments and Departures.
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, Oct. 15, 2020. U.S. Sentencing Guidelines, Sentences - Adjustments and Departures.
- 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.