Here the Court held that, while the Guidelines do not define the expression "common scheme or plan" for purposes of the career offender provisions of USSG § 4B1.1, the relevant conduct definition of that term does not apply.
The issue addressed in this case was whether the defendant's sentence was ...
This decision, dated July 17, 1996, is a reissued version of the Fifth Circuit’s earlier decision, dated June 13, 1996, that was reported at 86 F.3d 404 (5th Cir. 1996) and which was discussed at length in the July 22, 1996 issue of Punch and Jurists (Vol. 3, Issue No. ...
Court held that district court exceeded its authority by imposing a broad series of restitution conditions including the execuction of a quit-claim deed to the insurance company from whom the defendant embezzeled money.
United States v. Lampien, 89 F.3d 1316 (7th Cir. 1996) (Judge Rovner)
United States v. Porter, 90 ...
United States v. Lampien, 89 F.3d 1316 (7th Cir. 1996) (Judge Rovner)
United States v. Porter, 90 F.3d 64 (2nd Cir. 1996) (Judge Parker)
Here are two restitution cases that show the controversy among Circuits - and even within Circuits - about the propriety of broad restitution orders that are ...
In this case, the Court noted that the courts have generally been reluctant to allow defendants to "force their ineffective assistance claims into the 'actual conflict of interest' framework . . . and thereby supplant the strict Strickland standard with the far more lenient Cuyler test." (Id., at 893). The ...
This decision, dated July 17, 1996, is a reissued version of the Fifth Circuit’s earlier decision, dated June 13, 1996, that was reported at 86 F.3d 404 (5th Cir. 1996) and which was discussed at length in the July 22, 1996 issue of Punch and Jurists (Vol. 3, Issue No. ...
Here the Court vacated a restitution order imposed on a 60 year old defendant requiring her to make full restitution of $498,972 over a 54 month period in installments of at least $350 per month, holding that the order exceeded the court's authority.
In this case, the Seventh Circuit concluded ...
