Search | Punch and Jurists

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy)

Article • March 24, 2004 • from P&J February, 2000

Filed under: Punch And Jurists, Credits

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy) by For some time now, the Courts of Appeal have been divided on the issue of whether a defendant who serves too much time in prison is entitled to any credit …

U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Credits

U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse) by The defendant had already served the imprisonment portion of his sentence when an earlier appeal resulted in a finding that he had served excess time in prison. On remand, he then moved …

U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas)

Article • October 9, 2002

Filed under: Punch And Jurists, Credits

U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas) by Case held that § 3585(b) authorizes the Attorney General, rather than the district court, to calculate the credit towards a term of imprisonment for any time the defendant spent in …

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown)

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

Filed under: Punch And Jurists, Credits

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown) by Here the Court held that a federal inmate is entitled to credit for time served in post-federal-sentence state incarceration under 18 U.S.C. § 3585(a), where he has been forced to serve his …

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Credits

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker) by Here the Court held that a sentencing court had authority under U.S.S.G. § 5G1.3 to adjust a sentence for time served on a state sentence, in a way that is binding on …

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Credits

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright) by The defendant in this case was convicted in state court of three robberies that also formed part of the conspiracy outlined in his federal plea agreement. He was sentenced to 30 years' …

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney)

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

Filed under: Punch And Jurists, Credits

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney) by District court lacks authority under U.S.S.G. § 5G1.3(c) to "credit" defendant for the time he had served on a state parole violation sentence in a conviction for re-entry in the country following …

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Credits

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion) by Here the Court rejected the petitioner's contention that a state court's determination that his state sentence was to be concurrent with his prior federal sentence was binding on the BOP or entitled …

Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell) by In this case, Judge Caldwell reaffirmed his original decision (on different grounds) and ordered the BOP to grant the petitioner credit against his Federal sentence for 22 months spent in Federal custody …

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg) by Here the Court affirmed a district court's order granting relief to a defendant who was denied credit for 22 months spent on a writ ad prosequendum, which the BOP denied, it did …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by Here the Court strongly rejected the BOP's contention that USSG § 5G1.3(b) conflicted with the BOP's power to award sentencing credits under 18 USC § 3585(b), as required by the Supreme Court's …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Here the Court held that the Government should be "estopped" from refusing to credit the defendant with time spent cooperating with the Government and said that such double credits are sometimes required to …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by Here the Court strongly rejected the BOP's contention that USSG § 5G1.3(b) conflicted with the BOP's power to award sentencing credits under 18 USC § 3585(b), as required by the Supreme Court's …

Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt)

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

Filed under: Punch And Jurists, Credits

Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt) by The Court held that: "A unilateral transfer by the Bureau of Prisons does not involve the prisoner's fault and an interruption thereon is not mandated by statute. Such a transfer is more analogous …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Credits

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by Case held that when a defendant's prison sentence is reduced below time already served, the obvious purpose of leniency requires that his term of supervised release should commence on the date he …

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Credits

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith) by This decision deals with two separate supervised release issues, both related to motions under 18 U.S.C. § 3583(e)(1), one of those tantalizing, "wishful-thinking" statutes which, at least in theory, permits a district …

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Credits

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam) by Here, the district court held that § 3585(b)(1), which provides that a defendant "shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention …

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Credits

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Here the Court held that sentencing credit "is granted by the Attorney General through the Bureau of Prisons after a defendant is sentenced" and although the defendant may, after exhausting …

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell) by The defendant in this case was convicted of the usual tandem of drug and gun crimes, and he was sentenced to 81 months imprisonment. After serving the full 21 months imposed for …

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Credits

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum) by This somewhat technical decision contains a detailed analysis of the subtle distinctions between §§ 5G1.2 and 5G1.3. The defendant was sentenced, sequentially, on two different cases on the same day by the …