Search | Punch and Jurists

U.S. v. Bollinger, No. 17-1728 (8th Cir.) (893 F.3d 1123) (July 2, 2018) (Judge Steven M. Colloton)

Article • September 24, 2018 • from P&J September, 2018

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Bollinger, No. 17-1728 (8th Cir.) (893 F.3d 1123) (July 2, 2018) (Judge Steven M. Colloton) by

U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni) by The Defendant in this case, Joseph Buffis, served as the Chief of Police for the Town of Lee, MA. He was charged, in a 12 count Indictment, with various …

U.S. v. Dowell, No. 13-4576 (4th Cir.) (771 F.3d 162) (November 13, 2014) (Judge Paul W. Grimm)

Article • February 2, 2015 • from P&J February, 2015

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Dowell, No. 13-4576 (4th Cir.) (771 F.3d 162) (November 13, 2014) (Judge Paul W. Grimm) by

U.S. v. Cole, No. 11-1232 (8th Cir.) (765 F.3d 884) (August 29, 2014) (Judge Bobby E. Shepherd)

Article • September 8, 2014 • from P&J September, 2014

Filed under: Punch And Jurists, Section 3553(a) Factors

U.S. v. Cole, No. 11-1232 (8th Cir.) (765 F.3d 884) (August 29, 2014) (Judge Bobby E. Shepherd) by A jury found Abby Rae Cole guilty of conspiracy to commit mail and wire fraud, tax evasion, and conspiracy to commit tax fraud. The district court (Judge Michael Davis of the D.Minn.) …

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam)

Article • April 28, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam) by Jones v. U.S., No. 13-10026 (U.S. Sup. Ct. Oct 14, 2014) (Per Curiam) U.S. v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (Judge William Kayatta) Both of these …

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam) by In appeal from a judgment of conviction and sentence of 540 months' imprisonment for the production and distribution of child pornography, judgment is affirmed where: 1) district court did not err in determining that …

U.S. v. White Twin, No. 11-3206 (8th Cir.) (682 F.3d 773) (June 27, 2012) (Judge William Duane Benton)

Article • July 9, 2012 • from P&J July, 2012

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. White Twin, No. 11-3206 (8th Cir.) (682 F.3d 773) (June 27, 2012) (Judge William Duane Benton) by

U.S. v. Rivera, No. 10-1199-cr (2nd Cir.) (662 F.3d 166) (October 21, 2011) (Judge John Gleeson)

Article • October 31, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Rivera, No. 10-1199-cr (2nd Cir.) (662 F.3d 166) (October 21, 2011) (Judge John Gleeson) by In an appeal from a judgment of the district court denying defendant's motion for a sentence modification of a 292-month term of imprisonment for a crack cocaine offense, judgment is reversed where the …

U.S. v. Preacely, No. 09-2580-cr (2nd Cir.) (628 F.3d 72) (December 21, 2010) (Judge J. Clifford Wallace)

Article • December 27, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Preacely, No. 09-2580-cr (2nd Cir.) (628 F.3d 72) (December 21, 2010) (Judge J. Clifford Wallace) by This is another sentencing decision involving the appropriate sentence for a low-level crack dealer who was arrested in possession of 14.4 grams of crack cocaine and 1.32 grams of marijuana. The distinguishing …

U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner)

Article • September 6, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner) by Defendant's drug conspiracy sentence is affirmed where 1) the district court did not err in calculating the base offense level for defendant’s conviction in Count Two, conspiracy to launder money, by considering …

U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker)

Article • August 1, 2010

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker) by Defendants' drug conspiracy convictions and sentences are affirmed where 1) the district court improperly relied on "acquitted conduct" to establish drug quantity at sentencing, but the error was harmless; and …

U.S. v. Stewart, No. 06-5015-cr (L) (2nd Cir.) (597 F.3d 514) (February 23, 2010) (Per Curiam)

Article • July 26, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Stewart, No. 06-5015-cr (L) (2nd Cir.) (597 F.3d 514) (February 23, 2010) (Per Curiam) by [Editor's Note: For a commentary on this ruling, see "2nd Circuit Denies En Banc Review of Lynne Stewart's Sentence," by Mark Hamblett, as published in the New York Law Journal on February 24, …

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack) by The three opinions contained in this decision, comprising 191 pages, deal with the aftermath of the high-profile trial of Lynne Stewart, in which the famed defense attorney and two co-defendants were convicted, …

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam) by Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects …

U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes) by In a conviction following a guilty plea for bank burglary, principal sentence to seven years imprisonment pursuant to an upward departure is affirmed where: 1) U.S.S.G. section 2B2.1(b)(4) required only possession of …

U.S. v. White, No. 05-6596 (6th Cir.) (551 F.3d 381) (December 24, 2008) (Judge Deborah L. Cook)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. White, No. 05-6596 (6th Cir.) (551 F.3d 381) (December 24, 2008) (Judge Deborah L. Cook) by In this sharply divided 9-6 decision, the Sixth Circuit declined to change the Circuit’s prevailing precedent that allows sentencing courts to use conduct underlying crimes for which the defendant has been acquitted …

U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam) by Here, for the second time, the Ninth Circuit threw out the 22-year sentence imposed on Algerian Ahmed Ressam for plotting to bomb Los Angeles International Airport on the eve of the millennium; and it …

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam) by In U.S. v. Ibanga, 454 F.Supp.2d 532 (E.D.Va. Oct. 5, 2006) (P&J, 09/04/06) (“Ibanga I”), Judge Walter Kelley thoughtfully explained why he felt that acquitted conduct should no longer be used at sentencing now …

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer) by In this consolidated appeal, two defendants sought review of their sentences which were imposed by the United States District Court for the District of Arizona and the United States District Court for …

U.S. v. Richardson, No. 05-7005-cr (2nd Cir.) (516 F.3d 145) (February 15, 2008) (Judge Roger J. Miner)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Richardson, No. 05-7005-cr (2nd Cir.) (516 F.3d 145) (February 15, 2008) (Judge Roger J. Miner) by Sentence for conspiracy to distribute cocaine and cocaine base, which was substantially reduced premised on defendant's substantial assistance with the government, is vacated and remanded where: 1) the sentence departed approximately 93% …