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U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand)

Article • May 28, 2018 • from P&J May, 2018

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand) by U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett) U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand) In these two cases, different judges in the …

U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett)

Article • May 28, 2018 • from P&J May, 2018

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett) by U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett) U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand) In these two cases, different judges in the …

U.S. v. Jenkins, No. 14-4295-cr (2nd Cir.) (854 F.3d 181) (April 17, 2017) (Judge Barrington D. Jr. Parker)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Jenkins, No. 14-4295-cr (2nd Cir.) (854 F.3d 181) (April 17, 2017) (Judge Barrington D. Jr. Parker) by This is an important child pornography sentencing decision that distills the essence of the long-simmering debate about the Guidelines real and long-recognized failure to differentiate between the crime of possession of …

U.S. v. Algahaim, No. 15-2024(L) (2nd Cir.) (842 F.3d 796) (December 1, 2016) (Judge Jon O. Newman)

Article • December 1, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Algahaim, No. 15-2024(L) (2nd Cir.) (842 F.3d 796) (December 1, 2016) (Judge Jon O. Newman) by This is a curious sentencing decision in which the Court concluded that the Sentencing Commission’s method of calculating losses “may” have overstated the seriousness of the offenses in this fraud case which …

U.S. v. Price, No. 12-1630 (7th Cir.) (775 F.3d 828) (December 5, 2014) (Judge Diane S. Sykes)

Article • December 29, 2014 • from P&J December, 2014

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Price, No. 12-1630 (7th Cir.) (775 F.3d 828) (December 5, 2014) (Judge Diane S. Sykes) by The defendant in this case, Jeffrey Price, was convicted at trial on charges of producing child pornography in violation of 18 U.S.C. § 2251(a) and possessing child pornography in violation of 18 …

U.S. v. Grigsby, No. 13-3146 (10th Cir.) (749 F.3d 908) (April 15, 2014) (Judge Bobby R. Baldock)

Article • August 11, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Grigsby, No. 13-3146 (10th Cir.) (749 F.3d 908) (April 15, 2014) (Judge Bobby R. Baldock) by Here the Court wrote in part: "In its December 2012 report, the Sentencing Commission observed that "[s]entencing in federal production cases has been less controversial than in non-production cases," perhaps because of …

U.S. v. Reyes, No. CR-12-1695 JB (D.N.M.) (9 F.Supp.3d 1196) (March 10, 2014) (Judge James R. Browning)

Article • April 14, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Reyes, No. CR-12-1695 JB (D.N.M.) (9 F.Supp.3d 1196) (March 10, 2014) (Judge James R. Browning) by In U.S. v. Diaz, No. 11-CR-00821-2 (JG), 2013 WL 322243 (E.D.N.Y. Jan. 28, 2013) (P&J, 02/04/13), District Judge John Gleeson on the E.D.N.Y. granted a significant sentence reduction to the defendant - …

U.S. v. Palillero, No. 12-1363 (3rd Cir.) (2013 U.S. App. LEXIS 10287) (May 22, 2013) (Judge Theodore A. McKee)

Article • July 15, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Palillero, No. 12-1363 (3rd Cir.) (2013 U.S. App. LEXIS 10287) (May 22, 2013) (Judge Theodore A. McKee) by Although this unpublished decision may have little precedential value, it is has persuasive argumentative value for any defendant seeking to challenge the Guidelines high sentences for methamphetamine offenses. The defendant …

U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett) by In this memorable, 68-page long Sentencing Memorandum, Judge Bennett set forth his reasons for imposing a 96-month sentence on Lori Newhouse, “a low-level pill smurfer” who was indicted for manufacturing or attempting to …

U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson)

Article • February 4, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Diaz, No. 11-CR-00821-2 (JG) (E.D.N.Y.) (2013 WL 322243) (January 28, 2013) (Judge John Gleeson) by In U.S. v. Dossie, 851 F.Supp.2d 478 (E.D.N.Y. March 30, 2012) (P&J, 04/16/12), Judge Gleeson presented a brilliant and blistering attack on the spiraling use of mandatory minimum sentences in drug cases; and …

U.S. v. Reibel, No. 11-3416 (7th Cir.) (688 F.3d 868) (August 6, 2012) (Per Curiam)

Article • August 20, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Reibel, No. 11-3416 (7th Cir.) (688 F.3d 868) (August 6, 2012) (Per Curiam) by Even though many sentences for child pornography crimes already exceed, by a wide margin, the sentences imposed for most murders, rapes and armed bank robberies, the courts seem reluctant to correct that disparity; and …

U.S. v. Overmyer, No. 10-1716 (6th Cir.) (663 F.3d 862) (December 29, 2011) (Judge Jeffrey S. Sutton)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Overmyer, No. 10-1716 (6th Cir.) (663 F.3d 862) (December 29, 2011) (Judge Jeffrey S. Sutton) by This decision is principally noted for Judge Gilbert Merritt’s strong dissent in which he sharply criticized "the gross disparity, inequality, and unfairness that exists" in sentencing generally, "but even more so in …

U.S. v. McCarthy, No. 09 cr. 1136 (WHP) (S.D.N.Y.) ( F.Supp.2d ) (May 19, 2011) (Judge William H. III Pauley)

Article • August 8, 2011 • from P&J August, 2011

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. McCarthy, No. 09 cr. 1136 (WHP) (S.D.N.Y.) ( F.Supp.2d ) (May 19, 2011) (Judge William H. III Pauley) by One of the most damning forms of judicial criticism of a particular Guideline provision is that it lacks sufficient empirical support for the sentence that is recommended. That charge, …

U.S. v. Henderson, No. 09-50544 (9th Cir.) (649 F.3d 955) (April 29, 2011) (Judge Betty Binns Fletcher)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Henderson, No. 09-50544 (9th Cir.) (649 F.3d 955) (April 29, 2011) (Judge Betty Binns Fletcher) by This is another outstanding Circuit Court decision that synthesizes the escalating and increasingly vocal judicial condemnation of, and frustration with, the sentencing policies envisioned in the Sentencing Commission’s child pornography Guidelines. Both …

U.S. v. Grober, No. 09-1318 (3rd Cir.) (624 F.3d 592) (October 26, 2010) (Judge Maryanne Trump Barry)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Grober, No. 09-1318 (3rd Cir.) (624 F.3d 592) (October 26, 2010) (Judge Maryanne Trump Barry) by In U.S. v. Grober, 595 F.Supp.2d 382 (D.N.J. Dec. 22, 2008) (P&J, 01/26/2009) (“Grober I”), District Judge Katharine Hayden of the D.N.J. issued a lengthy and noteworthy diatribe in which she condemned …

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (616 F.3d 174) (August 4, 2010) (Judge Barrington D. Jr. Parker)

Article • October 1, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (616 F.3d 174) (August 4, 2010) (Judge Barrington D. Jr. Parker) by This is an important child pornography sentencing case that adds a lot of fuel to the fire that has been created by many the judges and commentators who have expressed both …

U.S. v. Tutty, No. 09-2705-cr (2nd Cir.) (612 F.3d 128) (July 16, 2010) (Judge Denny Chin)

Article • September 1, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Tutty, No. 09-2705-cr (2nd Cir.) (612 F.3d 128) (July 16, 2010) (Judge Denny Chin) by Defendant's child pornography sentence is vacated where the district court erred when it held, relying on outdated law, that it did not have the authority to impose a non-Guideline sentence based on policy …

U.S. v. Diaz, No. 09-CR-305 (E.D.Wisc.) (720 F.Supp.2d 139) (June 30, 2010) (Judge Lynn S. Adelman)

Article • July 26, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Diaz, No. 09-CR-305 (E.D.Wisc.) (720 F.Supp.2d 139) (June 30, 2010) (Judge Lynn S. Adelman) by In U.S. v. Cunningham, 680 F.Supp.2d 844 (N.D.Ohio Jan. 26, 2010) (P&J, 02/08/10), District Judge John Adams joined the growing debate about the fairness of the constantly escalating sentences recommended by the Guidelines …

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker)

Article • May 17, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker) by Here, in a decision that sharply criticized the validity of many of the enhancements U.S.S.G. § 2G2.2, the Court vacated, as substantively unreasonable, a 240-month sentence imposed in a child porn …

U.S. v. Riley, No. 09-CR-20221 (S.D.Fla.) (655 F.Supp.2d 1298) (September 4, 2009) (Judge James Lawrence King)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Riley, No. 09-CR-20221 (S.D.Fla.) (655 F.Supp.2d 1298) (September 4, 2009) (Judge James Lawrence King) by As we have frequently noted, sentences in child pornography cases continue to escalate like topsy. As Judge King noted in the instant decision, during the period from 1994 to 2007, the mean sentence …