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U.S. v. Ressam, No. 09-30000 (9th Cir.) (679 F.3d 1069) (March 12, 2012) (Judge Richard R. Clifton)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Ressam, No. 09-30000 (9th Cir.) (679 F.3d 1069) (March 12, 2012) (Judge Richard R. Clifton) by The 22-year sentence for the so-called "Millennium Bomber" is vacated and the case is remanded for resentencing, where the sentence was substantively unreasonable, based on the Ninth Circuit's definite and firm conviction …

U.S. v. Ressam, No. 09-30000 (9th Cir.) (629 F.3d 793) (December 10, 2010) (Judge Arthur L. Alarcon)

Article • December 1, 2010

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Ressam, No. 09-30000 (9th Cir.) (629 F.3d 793) (December 10, 2010) (Judge Arthur L. Alarcon) by Editor's Notes: This decision amends and supersedes the panel decision previously reported at U.S. v. Ressam, 593 F.3d 1095 (9th Cir. Feb. 2, 2010); see previous summary reported in P&J, 01/22/10. However, …

U.S. v. Ressam, No. 09-30000 (9th Cir.) (593 F.3d 1095) (February 2, 2010) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Ressam, No. 09-30000 (9th Cir.) (593 F.3d 1095) (February 2, 2010) (Judge Arthur L. Alarcon) by In this third reversal of a below-Guidelines sentence for the Millennium Bomber, the Court vacated a 22-year sentence as both procedurally and substantively unreasonable - a ruling that some commentarors said was …

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina) by This decision marks the fourth time that the Eleventh Circuit has reviewed the sentence of probation repeatedly imposed by Judge U.W. Clemon of the N.D.Ala. on Kenneth Livesay, the former chief information …

U.S. v. Paull, No. 07-3482 (6th Cir.) (551 F.3d 516) (January 9, 2009) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Paull, No. 07-3482 (6th Cir.) (551 F.3d 516) (January 9, 2009) (Judge Danny J. Boggs) by Jerry Paull, a 65 year-old, retired minister, who suffered from a broad range of both physical and mental ailments, pled guilty to four counts of knowing possession of child pornography, in violation …

U.S. v. Cavera, No. 05-4591-cr (2nd Cir.) (550 F.3d 180) (December 4, 2008) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Cavera, No. 05-4591-cr (2nd Cir.) (550 F.3d 180) (December 4, 2008) (Judge Guido Calabresi) by In this en banc decision, the Second Circuit upheld an unusual upward departure from the sentencing range recommended by the Guidelines in a firearms trafficking case where the illegal guns were destined for …

U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin) by The defendant, Heriberto Arroyo, a former police officer in Worcester, MA, was convicted by a jury on two different drug conspiracy counts. At sentencing, the district court departed upward from a Guideline range …

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin) by In explaining his reasons for imposing a below-Guidelines sentence in a white collar crime case, Judge Gwin set forth a comprehensive analysis of the four mandated purposes of sentencing as enunciated in 18 …

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh) by Gus Gardellini was clearly the beneficiary of the softer and more pliable sentencing approach that is gradually beginning to trickle down to the lower courts in the wake of the Supreme Court’s …

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein) by This is a short, but notable and potentially very useful, sentencing decision in which Judge Weinstein explained his reasons for departing from a Guidelines sentence of 235 months to a …

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero) by This decision is principally noted for Judge Marrero’s his extended discussion of some of the “vexing difficulties” that judges confront when attempting to formulate a just sentence for a defendant who cooperates …

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker)

Article • October 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker) by While the Apprendi/Booker/Gall line of cases has unquestionably done much to eliminate some of the irrationality from the rigid sentencing scheme that existed during the mandatory era of the Guidelines, there …

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane) by Here the Court imposed a non-Guidelines sentence of probation in a child pornography case due to the defendant’s extremely poor health and the complexity of his needs for medical care which “override …

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block) by Judge Block started this remarkably blunt and thought-provoking sentencing decision with the following words: “I have sentenced Lennox and Lester Parris today to a term of incarceration of 60 months in the …

U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner) by Here Judge Gertner discussed the Guidelines failure to address the concept of "similarly situated" defendants (which she described as a "clear flaw") in a case involving 21 defendants arrested in a single drug sweep …

U.S. v. Cavera, No. 05-4591-cr(L) (2nd Cir.) (505 F.3d 216) (October 11, 2007) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Cavera, No. 05-4591-cr(L) (2nd Cir.) (505 F.3d 216) (October 11, 2007) (Judge Richard J. Cardamone) by Here rthe Court held that under the circumstances of this case, the district court's reliance on the simple fact of population density to impose a non-guidelines sentence constituted legal error and rendered …

Kimbrough v. U.S., No. 06-6330 (U.S. Supreme Court) (552 U.S. 85; 128 S.Ct. 558) (December 10, 2007) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Rita v. U.S.

Kimbrough v. U.S., No. 06-6330 (U.S. Supreme Court) (552 U.S. 85; 128 S.Ct. 558) (December 10, 2007) (Justice Ginsburg) by Gall v. U.S., 552 U.S. ___, 128 S.Ct. 565 (Dec. 10, 2007) (Justice Stevens) Kimbrough v. U.S., 552 U.S. ___, 128 S.Ct. 558 (Dec. 10, 2007) (Justice Ginsburg) Generally It …

Gall v. U.S., No. 06-7949 (U.S. Supreme Court) (552 U.S. 38; 128 S.Ct. 586) (December 10, 2007) (Justice Stevens)

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

Filed under: Punch And Jurists, Rita v. U.S.

Gall v. U.S., No. 06-7949 (U.S. Supreme Court) (552 U.S. 38; 128 S.Ct. 586) (December 10, 2007) (Justice Stevens) by Gall v. U.S., 552 U.S. ___, 128 S.Ct. 565 (Dec. 10, 2007) (Justice Stevens) Kimbrough v. U.S., 552 U.S. ___, 128 S.Ct. 558 (Dec. 10, 2007) (Justice Ginsburg) Generally It …

U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher) by Defendants were among 13 defendants charged in a 25-count indictment with participating in a conspiracy to distribute methamphetamine obtained from various sources, both inside and outside Montana, and with related firearm offenses. …

U.S. v. Wachowiak, No. 06-1643 (7th Cir.) (496 F.3d 744) (August 1, 2007) (Judge Diane S. Sykes)

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

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Wachowiak, No. 06-1643 (7th Cir.) (496 F.3d 744) (August 1, 2007) (Judge Diane S. Sykes) by In this case, the Seventh Circuit actually approved a 70 month prison sentence for a defendant in a pornography case, despite acknowledging that the sentence was “considerably less” than the defendant’s advisory …