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Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun)

Article • March 27, 2019

Filed under: Forfeiture, Punch And Jurists

Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun) by Here the Court observed that the legislative history clearly demonstrates that the RICO statute was intended to provide new weapons of unprecedented scope for an assault upon organized crime and …

U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Restitution, Punch And Jurists

U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes) by Tax preparer's conviction on 16 counts of aiding and assisting in the preparation of false federal income tax returns is affirmed, except with respect to certain aspects of the sentence which are …

In Re: Troff, No. 05-4244 (10th Cir.) (479 F.3d 1213) (May 9, 2007) (Judge Robert H. Henry)

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

Filed under: Bankruptcy, Punch And Jurists

In Re: Troff, No. 05-4244 (10th Cir.) (479 F.3d 1213) (May 9, 2007) (Judge Robert H. Henry) by Defendant pleaded guilty to arson and was sentenced, inter alia, to pay $ 239,696 of restitution as a condition of his probation. Upon completion of probation, defendant's restitution obligation was converted to …

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes) by Here, a divided en banc court held that Blakely and Booker are inapplicable to both restitution and to forfeiture issues, stating in part: "Because, in our view, restitution under the VWPA and …

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy) by Defendant pled guilty to conspiracy to make and possess counterfeit commercial checks. The United States District Court for the Eastern District of Arkansas sentenced defendant to time served (approximately six months) and …

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner) by [*NOTE: The prior related decision in this case was originally incorrectly reported sub nom. U.S. v. MuffLEman, 327 F.Supp.2d 79 (D.Mass. Jul6 26, 2004) - not MuffELman (which is the correct spelling). …

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly) by

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell) by Here the Court concluded that the Sixth Amendment right to a jury trial, "as expansively interpreted in Blakely, does not extend to restitution awards. Two separate justifications support this conclusion. First, restitution is …

U.S. v. Patrick V., No. 03-2138 (1st Cir.) (359 F.3d 3) (February 19, 2004) (Judge Frank M. Coffin)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Patrick V., No. 03-2138 (1st Cir.) (359 F.3d 3) (February 19, 2004) (Judge Frank M. Coffin) by Here the Court upheld a huge restitution order against a juvenile offender, after summarily dismissing his concerns that such an order was so burdensome as to be inimical with the rehabilitative …

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Forfeiture, Punch And Jurists

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by A special condition of supervised release requiring the defendant to transfer to the Government all property required to make restitution did not constitute an illegal order of forfeiture, issue without compliance with …

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Restitution, Punch And Jurists

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker) by

U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook) by

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol) by This is the first case we have seen in which a court granted a downward departure on its own motion so the court could impose a sentence of probation rather than a …

Kelly v. Robinson, No. 85-1033 (U.S. Supreme Court) (479 U.S. 36; 107 S.Ct. 353) (November 12, 1986) (Justice Powell)

Article • June 14, 2000

Filed under: Bankruptcy, Punch And Jurists

Kelly v. Robinson, No. 85-1033 (U.S. Supreme Court) (479 U.S. 36; 107 S.Ct. 353) (November 12, 1986) (Justice Powell) by Here the Court held that restitution is in the nature of a fine and thus fell within the first of the requirements of 11 USC § 523(a)(7) that is was …

Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens)

Article • May 7, 2000

Filed under: Forfeiture, Punch And Jurists

Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens) by In this case, the defendants were convicted and sentenced after pleading guilty to drug charges. Later, the State of Montana sought to impose a drug tax on …

In Re Rashid, No. 95-cv-04243 (3rd Cir.) (210 F.3d 201) (April 14, 2000) (Per Curiam)

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

Filed under: Bankruptcy, Punch And Jurists

In Re Rashid, No. 95-cv-04243 (3rd Cir.) (210 F.3d 201) (April 14, 2000) (Per Curiam) by This is a bankruptcy case, but it examines an issue that is important to many criminal defendants: Can a criminal defendant receive a discharge of his restitution obligations through a bankruptcy proceeding? That issue …

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate)

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

Filed under: Forfeiture, Punch And Jurists

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate) by Here the Court denied the Government's motion, under 28 USC § 2044, to apply $5,000 in bail money (that had been posted by the defendant's counsel) to a criminal restitution order, holding that § 2044 …

U.S. v. Lee, No. 99-499 (E.D.Pa.) (82 F.Supp.2d 389) (January 20, 2000) (Judge Stewart Dalzell)

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

Filed under: Bankruptcy, Punch And Jurists

U.S. v. Lee, No. 99-499 (E.D.Pa.) (82 F.Supp.2d 389) (January 20, 2000) (Judge Stewart Dalzell) by In this case, the defendant was an officer of a medical supply company that filed for Chapter 11 relief a few months after being suspended as a Medicare provider. The company had leased special …

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer) by In this case the defendant, a lawyer, stole money from the law firm Barnes & Thornburg, where he was a partner. He accomplished this crime by sending legitimate bills to clients but …

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold)

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

Filed under: Restitution, Punch And Jurists

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold) by The decision reminds us of the story of the chap who got lost in Georgia. His plight was explained to a native Georgian who, after pondering the problem for some time, finally …