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U.S. v. Scarpa, No. 94-CR-1119 (ERK) (E.D.N.Y.) (155 F.Supp.3d 234) (January 4, 2016) (Judge Edward R. Korman)

Article • October 17, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Government Opposition

U.S. v. Scarpa, No. 94-CR-1119 (ERK) (E.D.N.Y.) (155 F.Supp.3d 234) (January 4, 2016) (Judge Edward R. Korman) by In 1988, Gregory V. Scarpa, Jr., was charged with a RICO conspiracy in violation of 18 U.S.C. § 1962(d) and related substantive offenses for operating a drug trafficking enterprise as part of …

U.S. v. Hawkins, No. 02-CR-563 (JBW) (E.D.N.Y.) (380 F.Supp.2d 143) (August 8, 2005) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Hawkins, No. 02-CR-563 (JBW) (E.D.N.Y.) (380 F.Supp.2d 143) (August 8, 2005) (Judge Jack B. Weinstein) by It always amuses us how badly the Second Circuit underestimates the tenacity and the depth of conviction of Judge Jack Weinstein, perhaps the most legendary figure in the American judicial system today. …

U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold) by Here the Court categorically held that a district court may grant a downward departure in cases where the defendant has exhibited truly exceptional rehabilitation, even when the defendant does not accept responsibility …

U.S. v. Craven, No. 02-1706 (1st Cir.) (358 F.3d 11) (February 6, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Craven, No. 02-1706 (1st Cir.) (358 F.3d 11) (February 6, 2004) (Judge Jeffrey R. Howard) by Defendant's refraining from drug use and drug sales for a period of nearly two years prior to his arrest did not constitute "extraordinary rehabilitation," particularly in light of his disruptive and sometimes …

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner) by In this sentencing memorandum, Judge Gertner explained her reasons for imposing a sentence of probation on the defendant, Anthony Perella, who had acted as the getaway driver in three separate bank robberies …

U.S. v. Rosado, No. S501CR74-12 (SAS) (S.D.N.Y.) (254 F.Supp.2d 316) (January 7, 2003) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rosado, No. S501CR74-12 (SAS) (S.D.N.Y.) (254 F.Supp.2d 316) (January 7, 2003) (Judge Shira A. Scheindlin) by Here the Court held that Guideline Amendment 602, which prohibits sentencing departures based on post-sentence rehabilitation, does not preclude departures based on extraordinary post-offense but pre-sentencing rehabilitation.

U.S. v. Bockius, No. CRIM.A.97-0250-01 (E.D.Pa.) (177 F.Supp.2d 353) (August 9, 2001) (Judge Herbert J. Hutton)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Bockius, No. CRIM.A.97-0250-01 (E.D.Pa.) (177 F.Supp.2d 353) (August 9, 2001) (Judge Herbert J. Hutton) by The defendant in this case had previously been granted a downward departure when the district court, relying in the Third Circuit's decision in U.S. v. Smith, 186 F.3d 290 (3rd Cir. 1999), concluded …

U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner) by Here the Court held that the defendant's modest religious activities did not justify a downward departure from the applicable Guideline range on a remand for resentencing (and prior to the adoption of …

U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen) by Here a divided en banc court held that, when resentencing a defendant in light of a retroactive amendment to the Guidelines, a district court may not grant a defendant a downward departure …

U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster) by This case is noted as a rare example of a defendant successfully challenging a district court's refusal to grant him a sentence reduction based on acceptance of responsibility, pursuant to U.S.S.G. § …

U.S. v. Craven, No. 00-1740 (1st Cir.) (239 F.3d 91) (February 6, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Craven, No. 00-1740 (1st Cir.) (239 F.3d 91) (February 6, 2001) (Judge Bruce M. Selya) by Here the Court observed that downward departures for presentence rehabilitation are "hen's teeth rare, and our precedent makes clear that such departures should be granted sparingly". One of the issues addressed in …

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court declined to grant a departure based on extraordinary rehabilitation, because although the defendant's conduct in working with the disadvantaged was noteworthy, it was part of his chosen profession and not …

U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl) by In this case, the First Circuit joined a majority of the Circuits in holding that a district court may use post-sentencing rehabilitation to depart downward in a sufficiently exceptional case; and its …

U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin) by Here, citing its ruling in U.S. v. Bradstreet, 207 F.3d 76, the Court affirmed the district court's refusal to grant a downward departure based on post-sentence relabilitation, stressing the such departures, while permissible, …

U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz) by In this case, the defendant sold a total of five ounces of methamphetamine to a confidential informant on two occasions. Because of his prior convictions, he qualified as a career offender under the …

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy) by Here, reversing its earlier decision, the Court held that the fact that the defendant engaged in additional criminal conduct after his arrest on state charges would not preclude an acceptance of responsibility …

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs) by Here the Court stated: "Rudolph's appeal raises the question of whether a district court has the discretion to depart downward on the basis of a defendant's rehabilitative efforts made after the defendant …

U.S. v. Jeter, No. 98-5801 (6th Cir.) (183 F.3d 480) (July 12, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Jeter, No. 98-5801 (6th Cir.) (183 F.3d 480) (July 12, 1999) (Judge Ronald Lee Gilman) by On a rehearing, this decision was subsequently reversed at 191 F.3d 637 (6th Cir. 1999), where the Court held that the fact that the defendant had engaged in additional criminal conduct after …

U.S. v. DeShon, No. 98-2405 (8th Cir.) (183 F.3d 888) (June 8, 1999) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. DeShon, No. 98-2405 (8th Cir.) (183 F.3d 888) (June 8, 1999) (Judge Richard S. Arnold) by The Court stated: "Because the acceptance-of-responsibility guideline already takes post-offense rehabilitation efforts into account, departure under § 5K2.0 is warranted only if the defendant's efforts are exceptional enough to be atypical of …

U.S. v. Davis, No. 98-3315 (10th Cir.) (182 F.3d 1201) (July 8, 1999) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Davis, No. 98-3315 (10th Cir.) (182 F.3d 1201) (July 8, 1999) (Judge Deanell R. Tacha) by Here the Court held that a defendant could not utilize postsentencing contrition to warrant an acceptance of responsibility sentence reduction at a resentecing on remand where he was ineligible for that reduction …