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U.S. v. Skys, No. 09-5204-cr (2nd Cir.) (637 F.3d 146) (February 23, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Skys, No. 09-5204-cr (2nd Cir.) (637 F.3d 146) (February 23, 2011) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Rock and Roll," by Steve Statsinger, as posted on the Second Circuit Blog on February 27, 2011 at http://circuit2.blogspot.com/2011/02/rook-and-roll.html as follows: "In August …

U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse)

Article • September 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse) by Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district …

U.S. v. Ojeikere, No. 07-1970-cr(L) (2nd Cir.) (545 F.3d 220) (October 7, 2008) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Role in the Offense

U.S. v. Ojeikere, No. 07-1970-cr(L) (2nd Cir.) (545 F.3d 220) (October 7, 2008) (Judge Guido Calabresi) by Conviction and sentence for wire fraud and conspiracy to commit wire fraud are affirmed where: 1) the defendant managed and supervised his female criminal accomplice, and, therefore, a two-level enhancement is warranted under …

U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez) by The defendant in this case, Victor “Papito” Laboy, was one of a number of the members of the Latin Gangsta’ Disciples (“LGD”) street gang from Lawrence, MA who were prosecuted for selling …

U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs) by Here the Court reversed a three-level enhancement of the defendant’s sentence pursuant to U.S.S.G. § 3B1.3(b) on the grounds that the district court’s finding that the defendant had acted as “more than …

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz) by The two defendants in this case were convicted at trial of various drug offenses. At sentencing, the district court applied a four-level enhancement to defendant one, as an organizer or leader pursuant …

U.S. v. Anthony, No. 00-5622 (6th Cir.) (280 F.3d 694) (February 12, 2002) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Anthony, No. 00-5622 (6th Cir.) (280 F.3d 694) (February 12, 2002) (Judge Nathaniel R. Jones) by The defendant in this case was convicted for giving false statements to a federal investigator and leading a cover-up effort in violation of 18 U.S.C. 1001. At sentencing, the district court imposed …

U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams) by Here, adopting the position taken by the 2nd and 3rd Circuits, a divided Court held that the "otherwise extensive" enhancement under USSG § 3B1.1(a) should be defined primarily or solely by the …

U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall) by Here the Ninth Circuit affirmed its prior rulings that customers who are solely end users of drugs sold are not "participants" in a criminal activity within the meaning of the enhancement provided …

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam) by Here, in a case of first impression for the Second Circuit, the Court addressed the question whether a defendant himself may be included among the "five or more participants" in a criminal activity for …

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by In this case Judge Gertner held that the victims of a prostitution ring, none of whom were included in the indictment, were not "participants" with the leader of the prostitution ring for purposes …

U.S. v. Luca, No. 98-10041 (9th Cir.) (183 F.3d 1018) (July 7, 1999) (Judge James K. Jr. Singleton)

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

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Luca, No. 98-10041 (9th Cir.) (183 F.3d 1018) (July 7, 1999) (Judge James K. Jr. Singleton) by One of the issues addressed in this case was a four-level enhancement based on the district court's conclusion that the defendant was an organizer or leader of a criminal enterprise that …

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by Here the Court affirmed that persons who are not indicted or tried, but who are nonetheless criminally responsible for defendant's crime, are "participants" of the crime within the meaning of USSG …

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill) by Here, in reversing an aggravating role enhancement under USSG § 3B1.1(c), the Court held that, despite a statement in the presentence report that the defendant was an organizer of at least 3 …

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson) by Citing the language of Application Note 2, the Court stated: "The note makes clear that a two-level increase in a defendant's base offense level under section 3B1.1(c) is proper only if a …

U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie) by The defendant contended that the district court erred in enhancing his sentence under U.S.S.G. § 3B1.1(c) because the record indicated that he was merely a delivery person and a conduit for …

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy) by Here the Seventh Circuit rejected the defendant's claim that an enhancement for a leadership role under U.S.S.G. § 3B1.1 requires proof that he knew of or exercised control over all the participants. …

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by In this case the defendant claimed that the district court erred by failing to apply the 1993 amendment to U.S.S.G. § 3B1.1 - Amendment 500 - to determine whether his sentence …

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole) by In this case the Sixth Circuit also rejected the district court's supposition that even if Amendment 500 applied retroactively, the leadership enhancement applied to Jones because he had managerial control over …

U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers) by The defendant in this case, a reputed member of a notorious gang in Washington, D.C., was charged with the usual variety of drug crimes. He was convicted and, at sentencing, the district …