Search | Punch and Jurists

U.S. v. Poulson, No. 16-1224 (3rd Cir.) (871 F.3d 261) (September 14, 2017) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Substantial Financial Hardship

U.S. v. Poulson, No. 16-1224 (3rd Cir.) (871 F.3d 261) (September 14, 2017) (Judge Marjorie O. Rendell) by We highlight this case because it is the first appellate case we have seen to explore in a meaningful way the purpose and effect of U.S.S.G. § 2B1.1(b)(2)(A)-(H), a recent Guidelines Amendment …

U.S. v. Shmuckler, No. 1:11cr344 (LMB) (E.D.Va.) (911 F.Supp.2d 362) (December 17, 2012) (Judge Leonie M. Brinkema)

Article • August 12, 2013 • from P&J August, 2013

Filed under: Punch And Jurists, Differences between sentencing and Guidelines purposes

U.S. v. Shmuckler, No. 1:11cr344 (LMB) (E.D.Va.) (911 F.Supp.2d 362) (December 17, 2012) (Judge Leonie M. Brinkema) by This is an interesting restitution decision which discusses some creative and challenging issues and arguments about the correlation between the calculation of losses for Guidelines purposes and the calculation of losses for …

U.S. v. Hsu, No. 09-4152-cr (2nd Cir.) (669 F.3d 112) (February 17, 2012) (Judge Gerard E. Lynch)

Article • December 1, 2012

Filed under: Punch And Jurists, Ponzi Scheme

U.S. v. Hsu, No. 09-4152-cr (2nd Cir.) (669 F.3d 112) (February 17, 2012) (Judge Gerard E. Lynch) by In a prosecution for a Ponzi scheme and campaign finance crimes, the defendant's guilty plea, conviction and sentence are affirmed, where: 1) the defendant waived any statute of limitations challenge to the …

U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton)

Article • November 12, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton) by This case is noted for Judge Bright’s important dissent in which he sharply criticized the calculation of loss under the fraud Guidelines, charging that they produce “astronomical sentences” that have “little connection …

U.S. v. Qurashi, No. 10-348-cr (2nd Cir.) (634 F.3d 699) (March 8, 2011) (Judge John M. Jr. Walker)

Article • December 1, 2011

Filed under: Punch And Jurists, Pre-Judgment Interest

U.S. v. Qurashi, No. 10-348-cr (2nd Cir.) (634 F.3d 699) (March 8, 2011) (Judge John M. Jr. Walker) by In an insurance fraud case involving the propriety of pre-judgment interest awards, order by district court adding pre-judgment interest to restitution by defendant is affirmed because a prejudgment interest award can …

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall)

Article • December 1, 2010

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall) by Defendant's sentence for conspiracy to commit mail and wire fraud is affirmed where the district court properly calculated the loss caused by the defendant's fraud and imposed a reasonable sentence. [Editor's Note: …

U.S. v. Uddin, No. 07-3121-cr (2nd Cir.) (551 F.3d 176) (January 6, 2009) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Food Stamp Fraud

U.S. v. Uddin, No. 07-3121-cr (2nd Cir.) (551 F.3d 176) (January 6, 2009) (Judge Robert A. Katzmann) by A sentence for food stamp fraud and theft of public property is affirmed where, despite the absence of data as to the exact amount of loss, the district court's loss calculation was …

U.S. v. Havens, No. 04-2956 (7th Cir.) (424 F.3d 535) (September 12, 2005) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Civil Judgment

U.S. v. Havens, No. 04-2956 (7th Cir.) (424 F.3d 535) (September 12, 2005) (Judge Diane P. Wood) by Here the Court vacated a restitution order that was based on the damages awarded in a state civil action, holding that a civil judgment is insufficient to support an order of restitution …

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch) by Defendant, an employee of a registered securities broker-dealer, pled guilty to five-counts of securities and wire fraud. The government recommended a prison sentence at the bottom of the range of …

U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Rhodes, No. 02-2218 (7th Cir.) (330 F.3d 949) (June 2, 2003) (Judge John L. Coffey) by In this case, following the entry of the defendant's guilty plea to mail fraud, the District Court ordered that defendant make restitution in the amount of $ 1,104,557 due and payable immediately …

U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Parker, No. 00-00160-01 (W.D.Mo.) (238 F.Supp.2d 1113) (December 30, 2002) (Judge Howard F. Sachs) by Here the Court held that a probation department loss calculation made by a competent layman with some "street smarts" about economic issues was not usable for sentencing purposes in this mail fraud case …

U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam) by The sole issue in this appeal was whether the sentencing court had erred in fixing the amount of intended loss from the theft of credit card applications out of the U.S. mail (in …

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman) by The issue addressed in this case was “whether [under Apprendi] a jury, rather than a sentencing judge, must find a sentencing fact that affects only a Guidelines sentencing range within a statutory …

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber) by In assessing what losses could be used to calculate the defendant's adjusted offense level, the Court concluded as follows: "The Guidelines' 'relevant conduct' provision requires a defendant's sentence to be based on …

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hunerlach, No. 98-4781 (11th Cir.) (197 F.3d 1059) (December 7, 1999) (Judge Richard Mills) by In this case the district court, in calculating the defendant's sentence for tax evasion, included interest and penalties. The defendant argued that that calculation was erroneous. In a wonderful example of selective choosing …

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Ruhe, No. 98-4731 (4th Cir.) (191 F.3d 376) (August 31, 1999) (Judge Francis D. Jr. Murnaghan) by Here, over the strong dissent of Judge Niemeyer, the Court held that the proper measure of loss under USSG § 2B1.1 is the value of the goods to the victim, which …

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Sharma, No. 98-7408 (3rd Cir.) (190 F.3d 220) (August 30, 1999) (Judge Max Rosenn) by In 1992, largely in response to a previous Third Circuit decision (U.S. v. Kopp, 951 F.2d 521 (3rd Cir. 1991)), the Sentencing Commission amended U.S.S.G. § 2F1.1 to provide that “loss” in fraud …

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Whitehead, No. 98-2289 (8th Cir.) (176 F.3d 1030) (April 8, 1999) (Judge Harold D. Vietor) by The Court also noted that any restitution made after the discovery does not affect the total loss; and that even if the bank's actual loss is zero, the court should then use …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here, although the Court agreed that, by subtracting penalties and interest from the amount of the loss, the resulting loss failed to adequately addess the nature of the crime, it held it …

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Costello, No. CR. 97-10103-NG (D.Mass.) (16 F.Supp.2d 36) (January 8, 1998) (Judge Nancy Gertner) by United States v. Costello, 16 F.Supp.2d 36 (D.Mass. 1998) (Judge Gertner) United States v. McDougal, 16 F.Supp. 1047 (E.D.Ark. 1998) (Judge Howard) The common theme in both of these cases is that the …