Search | Punch and Jurists

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by The rumblings of discontentment from the courts! Just as the Attorney General and her minions have finally concluded that the 100 to 1 sentencing disparity between crack and powdered cocaine might be a tad …

U.S. v. Lewis, No. 96-1468 (3rd Cir.) (113 F.3d 487) (May 14, 1997) (Judge Morton I. Greenberg)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Lewis, No. 96-1468 (3rd Cir.) (113 F.3d 487) (May 14, 1997) (Judge Morton I. Greenberg) by United States v. Lewis, 113 F.3d 487 (3rd Cir. 1997) (Judge Greenberg) United States v. Longoria, 113 F.3d 975 (9th Cir. 1997) (Judge Schwarzer) In order to be convicted of a drug …

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Here the Court affirmed an enhancement under USSG § 2F1.1(b)(4)(A) (formerly codified as § 2F1.1(b)(3)(A)), holding that the phrase "acting on behalf of a government agency" applies to false representations that …

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach) by Case held that there is no age limit on domestic aggravated felonies that could be considered for purposes of applying 16-level ehnancement if defendant was deported after having been convicted of aggravated …

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam) by This is one of two Ninth Circuit decisions that were reversed by the Supreme Court's recent decision in U.S. v. Watts, 136 L.Ed.2d 554 (1997). At issue in both cases was the concept of …

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio) by In this case, the court ruled that the subsequent vacatur of the previous aggravated felony was irrelevant to the application of the 16-level e3nhanced penalty provisions of U.S.S.G. § 2L1.2(b). The court …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by While the theme of this case is the ugly subject of murder, the principal issue raised transcends that heinous crime and explores an important facet of the use of so-called "bad …

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sepulveda, No. 95-2255 (1st Cir.) (102 F.3d 1313) (December 30, 1996) (Judge Michael Boudin) by Court affirmed sentence based on conversion of cash in the defendant's possession into the crack equivalent rather than the cocaine equivalent even though the presentence report recommended otherwise.

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin) by Court approved use of two uncharged murders for which defendant had previously been acquitted to increase sentence to life imprisonment. Wisely, Judge Boudin observed that this decision "as a matter of public perception …

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin) by QUOTE OF THE WEEK - The scandal of using acquitted conduct to enhance a sentence. "Before Congress enacted the sentencing guidelines, individuals in this country could be deprived of their liberty only on …

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The Court stated: "Whatever the pharmacological similarities . . . we find no ambiguity in the terms 'cocaine base' and 'cocaine' and join the other circuits that have rejected rule of lenity …

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald) by Citing prior decisions, the court held that Congress's and the Commission's actions do not give the district judge any power to depart from the Sentencing Guidelines based on the disparity between powdered …

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken) by This case addresses what the Court calls the "thorny, frequently litigated" issue of whether evidence of prior sexual abuse is admissible under Rule 404(b) of the Fed.R.Evid. in a sex abuse prosecution. …

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity. …

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer) United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch) Last week The New York Times reported still …

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers) United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen) We have often said that, with the possible exception …

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen) by Quote of the Week - A fresh look at the Alice in Wonderland jurisprudence of the Guidelines: "Acquittal first, sentence afterwards." Perhaps the most noteworthy aspect of the Baylor case (cited above) …

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity. …