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U.S. v. Reyes-Santiago, No. 12-2372 (1st Cir.) (804 F.3d 453) (September 23, 2015) (Judge Kermit A. Lipez)
Article • September 28, 2015 • from P&J September, 2015
Filed under: Punch And Jurists, Disparity Among Co-Defendants
U.S. v. Reyes-Santiago, No. 12-2372 (1st Cir.) (804 F.3d 453) (September 23, 2015) (Judge Kermit A. Lipez) by This is a rare decision in which a Federal appellate court actually reversed a defendant’s sentence based upon an unwarranted sentencing disparity with his co-defendants. Although 18 U.S.C. § 3553(a)(6) does direct …
U.S. v. Clark, No. 12-3462 (3rd Cir.) (726 F.3d 496) (August 13, 2013) (Judge Michael A. Chagares)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Procedural Reasonableness
U.S. v. Clark, No. 12-3462 (3rd Cir.) (726 F.3d 496) (August 13, 2013) (Judge Michael A. Chagares) by In 2006, the defendant in this case, Justin Clark, pled guilty to a charge of possession of crack cocaine with intent to distribute; and he was sentenced to 120 months in prison, …
U.S. v. Pickett, No. 05-3179 (D.C. Cir.) (475 F.3d 1347) (February 13, 2007) (Judge A. Raymond Randolph)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Grounds for Variance
U.S. v. Pickett, No. 05-3179 (D.C. Cir.) (475 F.3d 1347) (February 13, 2007) (Judge A. Raymond Randolph) by While the sentencing world waits for the Supreme Court to put some clarity, consistency and direction back into the Federal sentencing system in the wake of U.S. v. Booker, the courts continue …
U.S. v. Clark, No. 05-4274 (4th Cir.) (434 F.3d 684) (January 12, 2006) (Judge J. Michael Luttig)
Article • December 1, 2005 • from P&J December, 2005
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Clark, No. 05-4274 (4th Cir.) (434 F.3d 684) (January 12, 2006) (Judge J. Michael Luttig) by
U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton)
Article • October 1, 2005 • from P&J October, 2005
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton) by This is an intriguing decision that is filled with critical innuendo about the dichotomy between the lofty philosophical goals of the Guidelines and some of the practical realities of sentencing …
U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott) by While many courts continue to conclude that almost any sentencing disparity between co-defendants is never a valid ground for a sentencing departure, the Ninth Circuit continues to hold that a district court …
U.S. v. Bruder, No. 98 CR 196 (E.D.N.Y.) (103 F.Supp.2d 155) (June 27, 2000) (Judge Eugene H. Nickerson)
Article • August 1, 2000 • from P&J August, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Bruder, No. 98 CR 196 (E.D.N.Y.) (103 F.Supp.2d 155) (June 27, 2000) (Judge Eugene H. Nickerson) by This sentencing order arose out of the conviction of a number of police officers for their participation in and coverup of the sexual assault on Abner Louima by police officer Justin …
U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey) by Here the Seventh Circuit once again firmly rejected the use of any downward departures to correct a disparity in sentences between codefendants - even when, as here, the disparities were significant. In …
U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne) by In this case the Seventh Circuit, on a Government motion for reconsideration, broadly retreated from the scope of its prior decision reported at 176 F.3d 959 (7th Cir. 1999) which had suggested …
U.S. v. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter) by Here the Ninth Circuit held that the district court had erred when it concluded that it did not have authority to grant a sentence reduction in order to equalize disparate sentences, stating …
U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan) by Here the Court held held that disparities in sentences imposed on immigration-crime defendants as a result of divergent plea-bargaining practices in different Federal district courts is not a proper grounds …
U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by Here the Court firmly held that the Guidelines were not intended to eliminate all differences in the sentencing of accomplices so that two accomplices would receive the same sentence; the intent was …
U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler) by In this "old law" case, the Court granted the defendant a 10-year reduction in his sentence based in part on the isolated nature of his confinement and in part on the "considerable" disparity …
U.S. v. McMutuary, No. 98-1150 (7th Cir.) (176 F.3d 959) (May 5, 1999) (Judge Michael S. Kanne)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. McMutuary, No. 98-1150 (7th Cir.) (176 F.3d 959) (May 5, 1999) (Judge Michael S. Kanne) by Here the Seventh Circuit held that substantial differences in sentences between co-defendants can justify a downward departure, particularly if the lower sentence was unjustified, as happened in this case. One of the …
Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Sentencing Disparity
Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra) by Here the Court held that a disparity of 262 months between the sentence imposed on the defendant (who went to trial for drug trafficking) and that imposed on his female …
U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella) by Here the Court rejected a constitutional challenge that the enormous disparity between sentences given to those who plead guilty versus those who go to trial constituted an impermissible "chilling" of the defendant's …
U.S. v. Schulte, No. 97-4008 (7th Cir.) (144 F.3d 1107) (May 28, 1998) (Judge Joel L. Flaum)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Schulte, No. 97-4008 (7th Cir.) (144 F.3d 1107) (May 28, 1998) (Judge Joel L. Flaum) by The issue presented in this case was whether a district court may depart from the punishment prescribed by the Guidelines based upon a disparity between the punishment and the sanction imposed for …
U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler)
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …
U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever) by Here the Court rejected a defendant's claim that it was "manifestly unfair" that he received a ten-year sentence, while a co-defendant, who pled guilty and cooperated, was sentenced to 37-months. The Court simply …
U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by After one defendant pled guilty and received a 36 month sentence, the court granted a significant downward departure on numerous grounds when the government sought sentences of 188 to 235 months …
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