Search | Punch and Jurists

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro) by Here the Court held that sentencing courts may not use imprisonment as a means of promoting rehabilitation, in this case by increasing the defendant’s sentence to make her eligible to participate in …

U.S. v. Germosen, No. 05-CR-10120 (D.Mass.) (473 F.Supp.2d 221) (January 18, 2007) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Germosen, No. 05-CR-10120 (D.Mass.) (473 F.Supp.2d 221) (January 18, 2007) (Judge Nancy Gertner) by Here Judge Gertner presented a noteworthy explanation of, and justification for, her use of “aberrant behavior” as a means of granting a sentencing variance to a first time offender in a drug case - …

U.S. v. Brennan, No. 96-CR-793 (E.D.N.Y.) (468 F.Supp.2d 400) (January 2, 2007) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Brennan, No. 96-CR-793 (E.D.N.Y.) (468 F.Supp.2d 400) (January 2, 2007) (Judge Jack B. Weinstein) by Robert Scott Brennan, a drug addict, was twice found by New York City police to be in the possession of heroin while on supervised release from a Federal conviction. However, rather than sentence …

U.S. v. Clark, No. 05-4274 (4th Cir.) (434 F.3d 684) (January 12, 2006) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Clark, No. 05-4274 (4th Cir.) (434 F.3d 684) (January 12, 2006) (Judge J. Michael Luttig) by

U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton) by This is an intriguing decision that is filled with critical innuendo about the dichotomy between the lofty philosophical goals of the Guidelines and some of the practical realities of sentencing …

U.S. v. Ellefson, No. 04-1293 (8th Cir.) (419 F.3d 859) (August 23, 2005) (Judge Raymond W. Gruender)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Ellefson, No. 04-1293 (8th Cir.) (419 F.3d 859) (August 23, 2005) (Judge Raymond W. Gruender) by

U.S. v. Rooney, No. CR-04-55-B-W (D.Me.) (370 F.Supp.2d 310) (January 11, 2005) (Judge John A. Jr. Woodcock)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Rooney, No. CR-04-55-B-W (D.Me.) (370 F.Supp.2d 310) (January 11, 2005) (Judge John A. Jr. Woodcock) by Although this is a pre-Booker decision that was just published, it is noted because of its detailed discussion of the Guidelines’ “lesser harms” defense that is contained in U.S.S.G. § 5K2.11. That …

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby) by This is a pre-Booker Guidelines case that is noted as a vivid example of the difference between a mandatory Guideline system and an advisory one; and the facts of this case probably accurately …

U.S. v. Bad Marriage, No. 03-30404 (9th Cir.) (392 F.3d 1103) (December 30, 2004) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Bad Marriage, No. 03-30404 (9th Cir.) (392 F.3d 1103) (December 30, 2004) (Judge Warren J. Ferguson) by Here both the majority and dissenting judges acknowledged the serious problem of alcohol abuse on Indian reservations, but they failed to take any meaningful steps to deal with that problem at …

U.S. v. Hued, No. 03 CR. 1432(VM) (S.D.N.Y.) (338 F.Supp.2d 453) (September 10, 2004) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Hued, No. 03 CR. 1432(VM) (S.D.N.Y.) (338 F.Supp.2d 453) (September 10, 2004) (Judge Victor Marrero) by In this case, Judge Marrero of the S.D.N.Y. granted the defendant an eleven-level downward departure based on aberrant behavior under the provisions of U.S.S.G. § 5K2.20. The defendant pled guilty to making …

U.S. v. Castillo, No. 03-20867 (5th Cir.) (386 F.3d 632) (September 22, 2004) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Castillo, No. 03-20867 (5th Cir.) (386 F.3d 632) (September 22, 2004) (Judge Rhesa Hawkins Barksdale) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (384 F.3d 1034) (September 27, 2004) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (384 F.3d 1034) (September 27, 2004) (Judge Ronald M. Gould) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …

U.S. v. Amedeo, No. 03-11252 (11th Cir.) (370 F.3d 1305) (May 28, 2004) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Amedeo, No. 03-11252 (11th Cir.) (370 F.3d 1305) (May 28, 2004) (Judge Norman H. Stahl) by Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to 216 months of imprisonment and eight years of supervised release after he pleaded …

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (365 F.3d 806) (April 22, 2004) (Judge Ronald M. Gould)

Article • May 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (365 F.3d 806) (April 22, 2004) (Judge Ronald M. Gould) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …

U.S. v. Andrews, No. Crim. No. SA-02-CR-258(2)-FB (W.D.Tex.) (301 F.Supp.2d 607) (January 28, 2004) (Judge Samuel F. Jr. Biery)

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

Filed under: Punch And Jurists, Grounds for Departure

U.S. v. Andrews, No. Crim. No. SA-02-CR-258(2)-FB (W.D.Tex.) (301 F.Supp.2d 607) (January 28, 2004) (Judge Samuel F. Jr. Biery) by Defendant pled guilty to defrauding an elderly person. Defendant was before the court for sentencing. Defendant and his mother, who died prior to sentencing, defrauded an elderly neighbor. In an …

U.S. v. Nunemacher, No. 02-3380 (10th Cir.) (362 F.3d 682) (March 30, 2004) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Nunemacher, No. 02-3380 (10th Cir.) (362 F.3d 682) (March 30, 2004) (Judge Monroe G. McKay) by This case says a lot about the priorities of and use of resources by the FBI; and the unforgiving nature of our child pornography laws. The defendant in this case, a sophomore …

U.S. v. Reyes-Campos, No. CR.03-105-N (M.D.Ala.) (293 F.Supp.2d 1252) (November 4, 2003) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Reyes-Campos, No. CR.03-105-N (M.D.Ala.) (293 F.Supp.2d 1252) (November 4, 2003) (Judge Myron H. Thompson) by This case is noted for its timely and exhaustive review of the case law relating to downward departures based on a defendant’s “cultural assimilation” to the United States. In this case, the defendant, …

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. Silveira, No. Crim. No. 01-10385-NG (D.Mass.) (297 F.Supp.2d 349) (November 19, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Silveira, No. Crim. No. 01-10385-NG (D.Mass.) (297 F.Supp.2d 349) (November 19, 2003) (Judge Nancy Gertner) by With her typical thoroughness and perspicacity, Judge Gertner explained why she first imposed a sentencing enhancement for obstruction of justice pursuant to U.S.S.G. § 3C1.1 based on the defendant’s perjury at trial, …

U.S. v. Castellanos, No. 03-1036 (2nd Cir.) (355 F.3d 56) (December 1, 2003) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Castellanos, No. 03-1036 (2nd Cir.) (355 F.3d 56) (December 1, 2003) (Judge Jon O. Newman) by Here, clarifying and somewhat amplifying its earlier decision in U.S. v. Gonzalez, 281 F.3d 38 (2nd Cir. 2002), the Second Circuit held that under U.S.S.G. § 5K2.20, the “absence or presence of …