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U.S. v. St. Hill, No. 13-2097 (1st Cir.) ( F.3d ) (October 1, 2014) (Judge William J. Jr. Kayatta)

Article • October 20, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Uncharged Crimes and Acquitted Conduct

U.S. v. St. Hill, No. 13-2097 (1st Cir.) ( F.3d ) (October 1, 2014) (Judge William J. Jr. Kayatta) by Jones v. U.S., No. 13-10026 (U.S. Sup. Ct. Oct 14, 2014) (Per Curiam) U.S. v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (Judge William Kayatta) Both of these …

U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves) by The defendant in this case, Rikey Benns, was named in a one-count indictment charging him with making false statements relating to a credit application, in violation of 18 U.S.C. § 1014. …

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith) by A jury found that defendant violated 18 U.S.C. §§ 2, 924(c) and (j), 1951(a), and 1623 when he participated in a robbery that resulted in a death, and the U.S. District Court …

U.S. v. Whittington, No. 5:04 CR 00025 (W.D.Va.) (395 F.Supp.2d 392) (October 26, 2005) (Judge Glen Edward Conrad)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Whittington, No. 5:04 CR 00025 (W.D.Va.) (395 F.Supp.2d 392) (October 26, 2005) (Judge Glen Edward Conrad) by Defendant pled to an information which charged him with a conspiracy to distribute cocaine base from on or about September 12, 2003, through December 30, 2004. Defendant turned eighteen on September …

U.S. v. Trammell, No. CRIM.A. 3:94CR25T (M.D.Ala.) (385 F.Supp.2d 1215) (August 26, 2005) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Reasonably Foreseeable Standard

U.S. v. Trammell, No. CRIM.A. 3:94CR25T (M.D.Ala.) (385 F.Supp.2d 1215) (August 26, 2005) (Judge Myron H. Thompson) by This case is noted for Judge Thompson’s cogent analysis of the Guideline provisions (principally U.S.S.G. §§ 2D1.1 and 1B1.3) relating to the determination of the amount of drugs attributable to a defendant …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (372 F.Supp.2d 188) (June 2, 2005) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Uncharged Crimes and Acquitted Conduct

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (372 F.Supp.2d 188) (June 2, 2005) (Judge Nancy Gertner) by This case has already evolved into a major confrontation between the Government and Judge Gertner over the conditions under which the death penalty may be imposed under the Federal Death Penalty Act, …

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner) by The defendant was convicted of transporting fraudulently obtained goods across state lines, in violation of 18 U.S.C. § 2314. At trial, the Government proved losses of $240,068, but at sentencing it argued …

U.S. v. Johnson, No. 01-3918 (7th Cir.) (347 F.3d 635) (October 20, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Johnson, No. 01-3918 (7th Cir.) (347 F.3d 635) (October 20, 2003) (Judge Ilana Diamond Rovner) by This decision deals with one of those complex and highly technical parsing issues under the Guidelines that seems to drive everyone mad. Despite the esoteric nature of the issues before the court, …

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell) by Here the Court upheld a 23-level upward departure and resulting 30 year increase in the sentence of a defendant convicted of forgery and cashing a victim’s social security checks and which called …

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti) by The "relevant conduct" provision of U.S.S.G. § 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for the crime …

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby) by This case is noted principally for its confirmation of the principle that restitution may be ordered for related conduct for which the defendant has not been convicted. The defendant in this case pled …

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy) by The district court did not err in counting a prior conviction for marijuana possession as relevant conduct rather than as a separate offense for criminal history purposes, as the prior was not …

U.S. v. Taylor, No. 00-2230 (7th Cir.) (272 F.3d 980) (December 3, 2001) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Taylor, No. 00-2230 (7th Cir.) (272 F.3d 980) (December 3, 2001) (Judge Terrence T. Evans) by

U.S. v. Hunerlach, No. 00-12340 (11th Cir.) (258 F.3d 1282) (July 27, 2001) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Hunerlach, No. 00-12340 (11th Cir.) (258 F.3d 1282) (July 27, 2001) (Judge Rosemary Barkett) by One of the questions raised on this appeal was whether a district court can depart upward from CHC I based on criminal conduct which also constitutes relevant conduct that the district court has …

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne) by In this case the Court explained that a finding that the defendant "was not completely hinest in his admissions is an appropriate independent justification for denying the reduction" for acceotance of responsibility. …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by QUOTE OF THE WEEK - The Guidelines’ “extraordinary and totally unprecedented step” of punishing relevant conduct with the same severity as counts of conviction. "Endeavoring to strike a balance between punishing only …

U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly) by Here the Tenth Circuit joined the vast majority of Circuits in holding that a district court may consider conduct unrelated to the offense of conviction in determining whether a defendant is …

U.S. v. Beckett, No. 99-1135 (3rd Cir.) (208 F.3d 140) (March 21, 2000) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Beckett, No. 99-1135 (3rd Cir.) (208 F.3d 140) (March 21, 2000) (Judge Richard L. Nygaard) by Here the Court held that the definition of "common scheme or plan" as used in the relevant conduct provisions of the Guidelines does not apply to the career offender provisions of § …

U.S. v. Palafox-Mazon, No. 99-10026 (9th Cir.) (198 F.3d 1182) (January 3, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Jointly undertaken criminal activity

U.S. v. Palafox-Mazon, No. 99-10026 (9th Cir.) (198 F.3d 1182) (January 3, 2000) (Judge Harry Pregerson) by In this case the Ninth Circuit affirmed the district court's decision not to apply the "jointly undertaken criminal activity" provisions of USSG § 1B1.3(a)(1)(B) to three drug mules who were caught together transporting …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by QUOTE OF THE WEEK - One of the most graphic descriptions of the effects of "relevant conduct" on the sentencing process was made by Chief Judge Merritt of the Sixth Circuit, who …