Search | Punch and Jurists

U.S. v. McBride, No. 04-4347 (6th Cir.) (343 F.3d 470) (January 17, 2006) (Judge Boyce F. Jr. Martin)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Downward Departures

U.S. v. McBride, No. 04-4347 (6th Cir.) (343 F.3d 470) (January 17, 2006) (Judge Boyce F. Jr. Martin) by

Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman) by In a case that shows how easy it is to use the bait-and-switch technique in negotiating a plea agreement, the Sixth Circuit held that the prosecutor did not breach the plea agreement …

U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman) by This case is noted for Judge Adelman’s thought-provoking analysis of a sentencing departure based on his finding that several of the primary purposes of sentencing had previously been satisfied, a factor that thus …

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch) by Here the Court revisited Judge Harrington’s controversial decision in which he refused to sentence a defendant to a “draconian” Guideline sentence that was ten times greater than the applicable state sentence because …

U.S. v. Sicken, No. 99-1166 (10th Cir.) (223 F.3d 1169) (August 15, 2000) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Sicken, No. 99-1166 (10th Cir.) (223 F.3d 1169) (August 15, 2000) (Judge Monroe G. McKay) by Here the Court affirmed the district court's four-level downward departures to two anti-nuclear protestors who broke into an ICBM site and cause some damage because the applicable guideline, § 2M2.3, provided for …

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson) by Here the Court held that a sentencing court may consider the rehabilitative needs of a defendant when imposing or determining the length of a term of imprisonment upon mandatory or permissive revocation …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Downward Departures

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by Here the Court affirmed the authority of the district court to grant a downward departure for acceptance of responsibility under USSG § 5K2.0, despite the fact that the court had ruled he …

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam) by Here, agreeing with six other Circuits, the Court held that a district court may take into account the availability of rehabilitative programs to increase the length of a sentence upon revocation of supervised release. …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by In this case the Eighth Circuit affirmed a prison sentence of 262 months (21 years and ten months) imposed on a 21-year old Mexican citizen for a drug crime. The defendant’s only prior criminal …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by Quote from an article in the Buffalo Criminal Law Review by two law professors who strongly criticized the Guidelines' as "disfunctional" due to their failure to achieve "honest, wise or equal sentences". QUOTE OF …

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam) by Here the Court rejected a challenge to a sentence on the grounds that the sentence violated the Congressional mandate set forth in 28 USC § 994(g) that the Guidelines must minimize the likelihood that …

Williams v. U.S., No. 90-6297 (U.S. Supreme Court) (503 U.S. 193; 112 S.Ct. 1112) (March 9, 1992) (Justice O'Connor)

Article • July 20, 1999

Filed under: Punch And Jurists, Downward Departures

Williams v. U.S., No. 90-6297 (U.S. Supreme Court) (503 U.S. 193; 112 S.Ct. 1112) (March 9, 1992) (Justice O'Connor) by In one of the leading cases on the Sentencing Guidelines, and departures thereunder, the Court held that a departure can be reasonable, even if some of the court's reasons are …

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones) by Quote from Judge Bright about the inherent unfairness of sentencing a drug mule, who had a diminished capacity, to a 30 year sentence while some of the drug kingpins got lesser sentences. …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones) by This decision is one more indication of the racial overtones behind much of the crack-cocaine prosecution policies of the Government. ATF Special Agent Joseph Secrete decided that the best way to pad …

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by The issue in this case was whether the Attorney General's Memorandum, dated April 28, 1995, in which she encouraged prosecutors to recommend sentence reductions for aliens in return for plea agreements …

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green) by QUOTE OF THE WEEK - The Sentencing Guidelines - Are they a "failed experiment" under which the "inflexible prosecutorial mind" dictates the sentencing parameters? "[G]iven the frequency with which the guidelines …

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery) by Guideline departures warranted when money laundering is charged in cases not involving drugs and organized crime enterprises. This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely …

U.S. v. Anderson, No. 96 CR 251 (N.D.Ill.) (955 F.Supp. 935) (January 30, 1997) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Anderson, No. 96 CR 251 (N.D.Ill.) (955 F.Supp. 935) (January 30, 1997) (Judge Ann Claire Williams) by Under U.S.S.G. § 4A1.3, the court may depart downward from the normal Guideline sentence if it concludes "that a defendant's criminal history category significantly over-represents the seriousness of a defendant's criminal …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Departures based on consent to deportation.

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that district court erred in concluding that it lacked the authority to make a downward departure, despite language in Guidelines prescribes Category IV as a "minimum" starting point for the …