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U.S. v. Rivera, No. 16-CR-323-002 (E.D.N.Y.) ( F.Supp.3d ) (December 7, 2017) (Judge Jack B. Weinstein)

Article • December 18, 2017 • from P&J December, 2017

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rivera, No. 16-CR-323-002 (E.D.N.Y.) ( F.Supp.3d ) (December 7, 2017) (Judge Jack B. Weinstein) by Here Judge Weinstein issued another classic sentencing decision in which he complained about the severity and rigidness of today’s mandatory minimum sentences and bemoaned the “lack of sentencing alternatives” for young violent criminals. …

U.S. v. Robles, No. 12-631-cr (2nd Cir.) (709 F.3d 98) (March 1, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Robles, No. 12-631-cr (2nd Cir.) (709 F.3d 98) (March 1, 2013) (Per Curiam) by Judgment of conviction imposing a sentence of thirty-five years' imprisonment, which included consecutive mandatory minimum terms of imprisonment of seven and twenty-five years for brandishing a firearm during two robberies under 18 USC 924(c), …

U.S. v. Bannister, No. 10-CR-0053 (E.D.N.Y.) (786 F.Supp.2d 617) (April 8, 2011) (Judge Jack B. Weinstein)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Bannister, No. 10-CR-0053 (E.D.N.Y.) (786 F.Supp.2d 617) (April 8, 2011) (Judge Jack B. Weinstein) by This is not just another brilliant sentencing decision authored by Judge Weinstein; it is also a powerful and unforgiving indictment of many of America’s drug sentencing laws, particularly the growing web of mandatory …

U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes)

Article • June 14, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes) by In U.S. v. Farley, 2009 U.S. Dist. LEXIS 104437(N.D.Ga. Sept. 2, 2008) (P&J, 09/08/08) (Farley I), District Judge Beverly B. Martin concluded that the 30-year mandatory minimum sentence required by 18 U.S.C. …

U.S. v. Morales, No. 07-4202-cr(L) (2nd Cir.) (560 F.3d 112) (March 18, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Morales, No. 07-4202-cr(L) (2nd Cir.) (560 F.3d 112) (March 18, 2009) (Per Curiam) by Sentence for drug crimes is remanded where the government potentially misled defendant as to the minimum penalty he would face after a jury's conviction. The district court should determine whether the government caused misunderstanding …

U.S. v. Farley, No. 1:07-CR-196-BBM (N.D.Ga.) (2008 U.S. Dist. LEXIS 104437) (September 2, 2008) (Judge Beverly B. Martin)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Farley, No. 1:07-CR-196-BBM (N.D.Ga.) (2008 U.S. Dist. LEXIS 104437) (September 2, 2008) (Judge Beverly B. Martin) by Here the Court held that a 30-year mandatory minimum sentence required under a provision of the Adam Walsh Act was so grossly disproportionate to the defendant’s crime as to constitute cruel …

U.S. v. Cabrera, No. 06cr10343-NG (D.Mass.) (567 F.Supp.2d 271) (July 25, 2008) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Cabrera, No. 06cr10343-NG (D.Mass.) (567 F.Supp.2d 271) (July 25, 2008) (Judge Nancy Gertner) by As recounted by Judge Gertner at the beginning of her Sentencing Memorandum in this drug case: “Oscar Cabrera was, at most, a delivery man caught in a government sting. He hardly fits the profile …

U.S. v. Grant, No. CR 05-813 JSL (C.D.Cal.) (524 F.Supp.2d 1204) (November 30, 2007) (Judge J. Spencer Letts)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Grant, No. CR 05-813 JSL (C.D.Cal.) (524 F.Supp.2d 1204) (November 30, 2007) (Judge J. Spencer Letts) by Although this decision seems to have been ignored by most commentators, it is an extremely important sentencing decision in which Judge Letts held that the ten year mandatory minimum sentence contained …

DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack) by For a summary of this case, see "Panel Affirms Trial Judge's Ruling on Criminal Forfeiture," by Beth Bar, as published in the New York Law Journal, August 6, 2007, as …

U.S. v. Hungerford, No. 05-30500 (9th Cir.) (465 F.3d 1113) (October 13, 2006) (Judge Susan P. Graber)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Hungerford, No. 05-30500 (9th Cir.) (465 F.3d 1113) (October 13, 2006) (Judge Susan P. Graber) by Few cases can describe with greater clarity than this gem the absolute insanity that can result from the imposition of some mandatory minimum sentences. Marion Hungerford, a 52-year old, mentally-disturbed, mother of …

U.S. v. MacEwan, No. 05-1421 (3rd Cir.) (445 F.3d 237) (April 5, 2006) (Judge Ruggero J. Aldisert)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. MacEwan, No. 05-1421 (3rd Cir.) (445 F.3d 237) (April 5, 2006) (Judge Ruggero J. Aldisert) by James MacEwan is a 71-year-old repeat offender of the federal laws prohibiting the distribution and receipt of child pornography. As a condition of his probation in a previous case, he was required …

U.S. v. Hildenbrandt, No. 1:03-CR-193 (LEK) (N.D.N.Y.) (378 F.Supp.2d 44) (July 6, 2005) (Judge Lawrence E. Kahn)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Hildenbrandt, No. 1:03-CR-193 (LEK) (N.D.N.Y.) (378 F.Supp.2d 44) (July 6, 2005) (Judge Lawrence E. Kahn) by Charles Hildenbrandt threw a Molotov cocktail into an apartment that was occupied by his former girlfriend and her current boyfriend, resulting in extensive property damage and the death of a pet. Hildenbrandt …

U.S. v. Dare, No. 04-30202 (9th Cir.) (425 F.3d 634) (September 23, 2005) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Dare, No. 04-30202 (9th Cir.) (425 F.3d 634) (September 23, 2005) (Judge Edward Leavy) by In Harris v. U.S., 536 U.S. 545 (2002), the Supreme Court affirmed a mandatory minimum seven year sentence based on the district court’s finding by a preponderance of the evidence that Harris had …

U.S. v. Betancourt, No. 03-41590 (5th Cir.) (422 F.3d 240) (August 17, 2005) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Betancourt, No. 03-41590 (5th Cir.) (422 F.3d 240) (August 17, 2005) (Judge Edith Brown Clement) by This case is a potent reminder of the all-inclusive forfeiture power of Big Brother. On December 11, 2002, Jose Luis Betancourt, purchased a Texas lottery ticket that became worth more than $5 …

U.S. v. Garner, No. 4:01 CR 321 (N.D.Ohio) (2005 U.S. Dist. LEXIS 18840) (August 31, 2005) (Judge David D. Jr. Dowd)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Garner, No. 4:01 CR 321 (N.D.Ohio) (2005 U.S. Dist. LEXIS 18840) (August 31, 2005) (Judge David D. Jr. Dowd) by In this case, Judge Dowd examined whether "the [sentence-enhancing] 'fact' (quantity of cocaine attributable to the defendant) must be submitted to the jury and proved beyond a reasonable …

U.S. v. Alexander, No. 04-CR-253 (E.D.Wisc.) (381 F.Supp.2d 884) (August 9, 2005) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Alexander, No. 04-CR-253 (E.D.Wisc.) (381 F.Supp.2d 884) (August 9, 2005) (Judge Lynn S. Adelman) by The defendant, Samuel Alexander,was first arrested and charged by state officials for drug and weapon possession; but those charges were later dropped in favor of a Federal prosecution because it carried higher penalties. …

U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam) by In a case of first impression for the Fifth Circuit, the Court rejected the defendant’s contention that drugs held for personal use should not be used to calculate his sentence because they were not …

U.S. v. Johnson, No. 02-4413 (4th Cir.) (393 F.3d 466) (December 29, 2004) (Judge Clyde H. Hamilton)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Johnson, No. 02-4413 (4th Cir.) (393 F.3d 466) (December 29, 2004) (Judge Clyde H. Hamilton) by The principal question presented in this case was “whether, upon the government's motion for a downward departure pursuant to 18 U.S.C. § 3553(e), a district court can impose a sentence below the …

U.S. v. Pabon-Cruz, No. 03-1457 (2nd Cir.) (391 F.3d 86) (December 3, 2004) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Pabon-Cruz, No. 03-1457 (2nd Cir.) (391 F.3d 86) (December 3, 2004) (Judge Jose A. Cabranes) by This is one of those twisted and bewildering child pornography cases that Judge Gerard Lynch of the S.D.N.Y. described as “without question the worst case of my judicial career.” The Government charged …

U.S. v. Phillips, No. 03-50520 (5th Cir.) (382 F.3d 489) (August 18, 2004) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Phillips, No. 03-50520 (5th Cir.) (382 F.3d 489) (August 18, 2004) (Judge Carl E. Stewart) by Here the Court joined all of the other Circuits in concluding that 18 USC §§ 3553(e) and (f) represent the exclusive routes to depart below the statutory minimum - i.e., substantial cooperation …