Search | Punch and Jurists

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer) by This is another of the growing number of “pill mill” cases in which the Government has been bringing criminal prosecutions against pharmacists for participating in the illegal distribution of pain killers. The …

Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter) by [Editor's Note: For a commentary on this decision, see "Circuit Revives Abuse Claims by 3 Female Ex-Inmates," by Joel Stashenko as published in the New York Law Journal on August 22, …

U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman) by Defendant's sentence for interstate transportation of stolen property is vacated where the district court failed to make findings in support of its denial of a minimal role adjustment. [Editor's Note: For a …

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Friedberg, No. 08-3763-cr (2nd Cir.) (558 F.3d 131) (March 2, 2009) (Judge Loretta A. Preska) by Sentence for tax evasion is affirmed where district court properly applied an abuse of trust sentencing enhancement under the United States Sentencing Guidelines as the defendant's tax evasion was part of a …

U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Double Counting

U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam) by Sentence for assault in aid of racketeering activity is upheld where the district court did not engage in impermissible "double counting" of a sentencing factor when it departed upward from the recommended statutory sentencing …

U.S. v. Abiodun, No. 06-5335-cr (2nd Cir.) (536 F.3d 162) (July 30, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Victims - Multiple/Number of

U.S. v. Abiodun, No. 06-5335-cr (2nd Cir.) (536 F.3d 162) (July 30, 2008) (Judge Jose A. Cabranes) by Sentences for fraud and fraud-related offenses are affirmed in part, vacated in part, and remanded where: 1) the district court incorrectly calculated the number of victims affected by defendants' conduct; but 2) …

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack) by Sentence enhancement for possessing a firearm in connection with another felony offense is vacated and remanded for resentencing where, in absence of a more detailed explanation identifying facts in the record which …

U.S. v. Acosta, No. 05-3598 (7th Cir.) (474 F.3d 999) (February 5, 2007) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Acosta, No. 05-3598 (7th Cir.) (474 F.3d 999) (February 5, 2007) (Judge Ann Claire Williams) by

U.S. v. Schmeilski, No. 04-2014 (7th Cir.) (408 F.3d 917) (May 25, 2005) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Schmeilski, No. 04-2014 (7th Cir.) (408 F.3d 917) (May 25, 2005) (Judge Ann Claire Williams) by "Improper double counting occurs 'when a district court imposes two or more upward adjustments within the same guidelines range, when both are premised on the same conduct.' United States v. Haines, 32 …

U.S. v. Chriswell, No. 04-5020 (6th Cir.) (401 F.3d 459) (March 18, 2005) (Judge Julia Smith Gibbons)

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

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Chriswell, No. 04-5020 (6th Cir.) (401 F.3d 459) (March 18, 2005) (Judge Julia Smith Gibbons) by Court held that two level enhancement under USSG § 2A3.2(b)(2)(B) for unduly influencing a minor to engage in prohibited sexual conduct is not available in cases where the victim was an undercover …

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam) by Petitioner sought a rehearing after the United States District Court for the Northern District of Georgia denied his motion seeking leave to file an untimely 28 U.S.C. § 2255 motion to vacate, set aside, …

U.S. v. Vernier, No. 03-10021CR (S.D.Fla.) (335 F.Supp.2d 1374) (September 17, 2004) (Judge Shelby Highsmith)

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

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Vernier, No. 03-10021CR (S.D.Fla.) (335 F.Supp.2d 1374) (September 17, 2004) (Judge Shelby Highsmith) by This case brings home some of the issues at stake in the Supreme Court’s decision in Blakely v. Washington, 124 S.Ct. 2531 (2004) and the harsh reality of a a Guidelines system that permits, …

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester) by In Smith v. U.S., 508 U.S. 223 (1993), the Supreme Court held that the bartering of guns to obtain drugs constitutes an “active use” of a firearm within the meaning of 18 …

Johnson v. Johnson, No. 03-10455 (5th Cir.) (385 F.3d 503) (September 8, 2004) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

Johnson v. Johnson, No. 03-10455 (5th Cir.) (385 F.3d 503) (September 8, 2004) (Judge Carolyn Dineen King) by In this case, a former inmate brought a sexual discrimination case under 42 U.S.C. § 1983 against Texas prison officials alleging that they deliberately placed him in the general population knowing that …

U.S. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero) by The United States District Court for the District of New Mexico found that, on the one hand, a U.S. Sentencing Guidelines Manual § 2D1.1 sentence enhancement applied because a dangerous weapon was possessed, …

U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard) by As part of his plea agreement, the defendant in this case stipulated that he had conspired with several others to smuggle hundreds of kilos of marijuana into Puerto Rico. At sentencing, the …

U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee) by Stating that, based on the trial record, “only rank conjecture supports a conclusion that [the defendant] knew or should have known” that the bar he robbed was within 1,000 feet of a …

U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain) by Here the Court reversed a 2-level "special skills" enhancement under USSG § 3B1.3, holding that the district court erred in holding that a card shark's "extraordinary eyesight" which enabled him to peek …

U.S. v. Mitchell, No. 02-3562 (7th Cir.) (353 F.3d 552) (December 23, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Mitchell, No. 02-3562 (7th Cir.) (353 F.3d 552) (December 23, 2003) (Judge Ilana Diamond Rovner) by Defendant, having pled guilty to violating 18 U.S.C. § 2423(b), travelling in interstate commerce with the intent to engage in a prohibited sexual act with an apparent minor, appealed from the sentence …

U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …