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U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (362 F.3d 160) (March 24, 2004) (Judge Jon O. Newman)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Substantially Overlapping Enhancements

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (362 F.3d 160) (March 24, 2004) (Judge Jon O. Newman) by In this decision, the Second Circuit affirmed two prior rulings that gave sentencing judges the authority to consider, on remand, a downward departure based on the “cumulative effects” of substantially overlapping enhancement …

U.S. v. Coates, No. CRIM.00-0170 PLF (D.D.C.) (295 F.Supp.2d 11) (August 1, 2003) (Judge Paul L. Friedman)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Coates, No. CRIM.00-0170 PLF (D.D.C.) (295 F.Supp.2d 11) (August 1, 2003) (Judge Paul L. Friedman) by Here, on a remand after an earlier downward departure had been vacated, Judge Friedman found a way to fashion the same sentence of 24 months in prison based on an adjustment for …

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (348 F.3d 329) (September 15, 2003) (Judge Jon O. Newman)

Article • December 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Substantially Overlapping Enhancements

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (348 F.3d 329) (September 15, 2003) (Judge Jon O. Newman) by Here the Court suggested that an accumulation of substantially overlapping sentencing enhancements can constitute a valid basis for a downward departure, even if the enhancements themselves do not constitute impermissible double counting. …

U.S. v. Jackson, No. 02-1338 (2nd Cir.) (346 F.3d 22) (October 1, 2003) (Judge Jon O. Newman)

Article • November 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Substantially Overlapping Enhancements

U.S. v. Jackson, No. 02-1338 (2nd Cir.) (346 F.3d 22) (October 1, 2003) (Judge Jon O. Newman) by U.S. v. Lauersen, 343 F.3d 604 (2nd Cir. 09/15/2003) (Judge Newman) U.S. v. Jackson, 346 F.3d 22 (2nd Cir. 10/01/2003) (Judge Newman) These two cases, decided two weeks apart, raise the possibility …

U.S. v. Greene, No. 02 CR 435(SAS) (S.D.N.Y.) (249 F.Supp.2d 262) (January 13, 2003) (Judge Shira A. Scheindlin)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Greene, No. 02 CR 435(SAS) (S.D.N.Y.) (249 F.Supp.2d 262) (January 13, 2003) (Judge Shira A. Scheindlin) by U.S. v. Greene, 249 F.Supp.2d 262 (S.D.N.Y. 2003) (Judge Scheindlin) U.S. v. Colp, 249 F.Supp.2d 740 (E.D.Va. 2003) (Judge Lee) Both of these cases involved significant downward departures that resulted in …

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez)

Article • February 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez) by The facts of this case read like a Hollywood movie script. The defendant, Adalberto Nava-Sotelo, attempted to help spring his older brother, Oswaldo Nava-Sotelo, from Federal custody at a dental clinic where …

In Re Sealed Case, No. 01-3101 (D.C. Cir.) (292 F.3d 913) (June 18, 2002) (Judge David S. Tatel)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

In Re Sealed Case, No. 01-3101 (D.C. Cir.) (292 F.3d 913) (June 18, 2002) (Judge David S. Tatel) by This is a significant decision that explores Guideline departures based on “the totality of circumstances” even when there are no separate “offender characteristics or other circumstances” that alone would justify any …

U.S. v. Garcia, No. 01-1086 (2nd Cir.) (291 F.3d 127) (May 17, 2002) (Judge Rosemary S. Pooler)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Garcia, No. 01-1086 (2nd Cir.) (291 F.3d 127) (May 17, 2002) (Judge Rosemary S. Pooler) by Here’s the Government’s idea of the perfect recipe for prosecuting drug cases: (a) a drug-dealer turned cooperator with an extensive criminal background facing a lengthy sentence of his own; (b) an otherwise …

U.S. v. Riera, No. 00-1815 (2nd Cir.) (298 F.3d 128) (August 1, 2002) (Judge Robert D. Sack)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Riera, No. 00-1815 (2nd Cir.) (298 F.3d 128) (August 1, 2002) (Judge Robert D. Sack) by The defendant in this case, Alberto Riera, pled guilty to 11 counts of wire fraud, involving the embezzlement of $541,000 from a former employer. In the plea agreement, the defendant also admitted …

U.S. v. Yeaman, No. 00-1498 (3rd Cir.) (248 F.3d 223) (April 26, 2001) (Judge Walter K. Stapleton)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Yeaman, No. 00-1498 (3rd Cir.) (248 F.3d 223) (April 26, 2001) (Judge Walter K. Stapleton) by Here the Court rejected as improper a downward departure based on the district court’s conclusion that it would be cruel to return the defendants to prison after they had completed service of …

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by In this case District Judge Weinstein refused to sentence a young woman bank robber to prison because he concluded that incarceration would “debilitate” rather than “rehabilitate” her. Pointing to a number …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court rejected a ten-level downward departure based in part on the defendant's age (72 years old), noting that eight active judges on the Court are seventy years of age or …

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat) by Here the Court held that the distruct court abused its discretion by relying collectively on three separate grounds for departure when none of them individually provided an adequate basis for a departure. …

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein) by This decision by Judge Weinstein is a good example of the extremes to which the courts must go if they wish to escape the rigidity of the "sentence-by-the-numbers" Guidelines and …

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock) by This case involves an appeal by the Government from the sentences imposed on ten Mexican defendants after they were convicted of carrying backpacks of marijuana into the United States. The district court …

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby) by Here the Court affirmed a three level downward departure that was granted on the basis of a combination of nine of the eleven different factors cited by the district court. The defendant in …

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …

U.S. v. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones) by The Koon case (Koon v. U.S., 135 L.Ed.2d 392 (1996)) continues to carve out significant new changes in the manner that courts will analyze the propriety of sentencing departures under the Guidelines. …

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by The Tenth Circuit reversed a substantial downward departure granted in numerous grounds including doubts about the witnesses' credibility, the strength of the evidence about the defendant's intent and proof of the interstate …