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U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto) by In a decision that provides a lot of insights into the purposes of, and the burdens of proof under, Fed.R.Evid. 609(a)( and (b), Judge Kiyo Matusmoto presented a studious analysis of her …

U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman)

Article • April 1, 2008 • from P&J April, 2008

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman) by Time and again, Judge Lynn Adelman has shown that a fair and just sentence under the Guidelines cannot be achieved simply by following the rigid mandates of the Guidelines. So, in this case, …

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown) by The defendant in this case appealed his sentence for attempted entry into the United States after having been deported, arguing that the district court had erred by not recognizing its discretion to …

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica) by Here the Court held that a criminal sentence served in a halffway house qualified as a "prior sentence of imprisonment" under U.S.S.G. § 4A1.1 for the purpose of calculating the defendant's criminal …

U.S. v. Moore, No. 03-CR-11 (E.D.Wisc.) (288 F.Supp.2d 955) (October 17, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Qualifying Offenses

U.S. v. Moore, No. 03-CR-11 (E.D.Wisc.) (288 F.Supp.2d 955) (October 17, 2003) (Judge Lynn S. Adelman) by In this decision, Judge Adelman firmly rejected the Probation Department’s efforts to increase the defendant’s sentence by adding one criminal history point for a 1998 conviction for loitering - on the grounds that …

U.S. v. Agostini, No. S1700CR237(VM) (S.D.N.Y.) (280 F.Supp.2d 260) (September 8, 2003) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Agostini, No. S1700CR237(VM) (S.D.N.Y.) (280 F.Supp.2d 260) (September 8, 2003) (Judge Victor Marrero) by In a decision that underscores the often-disparate treatment accorded to evidence of past crimes, the Court held that defense counsel would not be permitted to cross-examine the victim of an alleged assult about two …

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood) by Here the Court held that the district court had erred in concluding that it was without authority to grant the defendant credit for a two-year, pre-offense incarceration as an immigration “hold,” since …

U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw) by Here, in rejecting the defendant's argument that Apprendi v. New Jersey, 530 U.S. 466 (2000) requires a jury to determine the fact of a prior conviction as an essential element of an …

U.S. v. Campbell, No. 01-1485 (8th Cir.) (270 F.3d 702) (October 29, 2001) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Campbell, No. 01-1485 (8th Cir.) (270 F.3d 702) (October 29, 2001) (Judge Donald P. Lay) by Here the Court held that Apprendi did not require an indictment for being a felon in possession of a gun to allege the nature of the defendant's prior felony offenses or require …

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams) by Here the Court affirmed its prior rulings that Apprendi does not require that a defendant's prior felony drug convictions alleged in the Government's information be submitted to the jury or found beyond …

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin) by As explained by the Court, the Apprendi issue raised in this case was as follows: " Adams also challenges his sentence on the ground that his prior convictions were determined by …

U.S. v. Lopez-Pastrana, No. 00-10146 (9th Cir.) (244 F.3d 1025) (March 28, 2001) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Shoplifting

U.S. v. Lopez-Pastrana, No. 00-10146 (9th Cir.) (244 F.3d 1025) (March 28, 2001) (Judge Joseph T. Sneed) by The defendant in this case was convicted of illegal re-entry into the U.S. after a prior deportation, in violation of 8 U.S.C. § 1326. At his sentencing, the district court concluded that …

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio) by The defendant in this case was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and he was sentenced to 210 months imprisonment. In addition …

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin) by

U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno) by The defendant in this case, Allen Powell, pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). The statutory maximum …

U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker) by Here the Second Circuit held that in computing a defendant's relevant conduct for the purposes of the gun enhancement in USSG § 2K2.1 it is not proper to include State firearms …

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen) by Here the Court held that a prior sentence, committed when the defendant was 17 years old, was a "prior sentence" for purposes of the Guidelines, even though the court had suspended imposition …

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor)

Article • July 31, 1999

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

Parke v. Raley, No. 91-719 (U.S. Supreme Court) (506 U.S. 20; 113 S.Ct. 517) (December 1, 1992) (Justice O'Connor) by In this case, a state prisoner filed a habeas petition seeking vacatur of a state court sentence that had been enhanced based on a prior conviction on the ground that …

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Bridges, No. 97-3144 (D.C. Cir.) (175 F.3d 1062) (May 18, 1999) (Judge Merrick B. Garland) by Here the Court upheld a three level increase in the defendant's criminal history category based on a series of convictions despite the defendant's arguments that they were too old and too dissimilar …

U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Green, No. 97-6045 (10th Cir.) (175 F.3d 822) (April 28, 1999) (Judge Stephanie K. Seymour) by This is one of those astonishing cases that seems to suggest that all that is required of prosecutors in District Judge Alley's courtroom in Oklahoma is to follow the biblical precept of …