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U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler) by This decision was issued on the resentencing of the defendant after the Third Circuit vacated the original sentence, in a case reported at 124 F.3d 533, which was reviewed in the Nov. …
U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam) by Court vacated a sentence on the grounds that permitting a departure based on a codefendant's sentence would "seriously undermine the goal of nationwide uniformity in the sentencing of similar defendants for similar federal offenses." …
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …
U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Status as an Alien
U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner) by In this case Judge Gertner, sua sponte, granted a downward departure to a resident alien to avoid the harsh and questionable policies of the Bureau of Prisons that deny community confinement status to …
U.S. v. Gallant, No. 97-10111 (9th Cir.) (136 F.3d 1246) (February 25, 1998) (Judge John T. Jr. Noonan)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Remorse
U.S. v. Gallant, No. 97-10111 (9th Cir.) (136 F.3d 1246) (February 25, 1998) (Judge John T. Jr. Noonan) by Case held that implicit in acceptance of responsibility is an admission of moral wrongdoing, which is satisfied by contrition and remorse - but not by expressions of regret for being caught.
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug or Alcohol Dependence
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by No matter how hard they try, the Appellate Courts can’t seem to get away from the steady chorus of judges who continue to protest that the Guidelines in general, and the crack-cocaine sentencing …
Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides …
U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Cooperation with Local Authorities
U.S. v. Kaye, No. 94-1381 (2nd Cir.) (140 F.3d 86) (March 16, 1998) (Judge Ralph K. Jr. Winter) by United States v. Campo, 140 F.3d 415 (2nd. Cir. 1998) (Per Curiam) United States v. Kaye, 140 F.3d 86 (2nd Cir. 1998) (Judge Winter) Both of these cases are significant because …
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here, the Court rejected the defendant's argument that the crimes at issue did not cause or threaten the harm or evil sought to be prevented by the law proscribing the offense at issue, …
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here the Court held that the district court must impose a sentence falling within the Guidelines range notwithstanding his personal opinion that 'the Guideline range is disproportionate and unduly harsh'." (Id., at 407). …
Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that …
Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay) by Here the Eighth Circuit basically held that the BOP's interpretation of its own regulations dealing with eligibility for the drug treatment programs deserved controlling weight, unless plainly erroneous or inconsistent with its …
U.S. v. Brennick, No. 96-1969 (1st Cir.) (134 F.3d 10) (January 20, 1998) (Judge Michael Boudin)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Loss - Multiple Loss Causation
U.S. v. Brennick, No. 96-1969 (1st Cir.) (134 F.3d 10) (January 20, 1998) (Judge Michael Boudin) by Court held that the defendant's alleged intent to eventually repay withheld taxes to the Government could take the case out of the heartland of tax evasion cases.
U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by In this case the First Circuit rejected Judge Harrington's eloquent call for reasonable restraints on the prosecution's ability to selectively single out certain State defendants for prosecution under higher-penalty federal crimes. When …
U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl) by Here, although the Court ultimately reversed a downward departure granted for aberrant conduct, it acknolwedged that "aberrant behavior departures are available to first offenders whose course of criminal conduct involves more than …
U.S. v. Marin-Castaneda, No. 97-5252 (3rd Cir.) (134 F.3d 551) (January 22, 1998) (Judge Timothy K. Lewis)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to
U.S. v. Marin-Castaneda, No. 97-5252 (3rd Cir.) (134 F.3d 551) (January 22, 1998) (Judge Timothy K. Lewis) by The 67 year-old defendant in this case pled guilty to importing 1,227 grams of heroin in ingested pellets. He was sentenced to 57 months in prison. On appeal his principal argument was …
U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Status as an Alien
U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by Here the Court rejected the defendant's contention that the Attorney General's Memorandum recommending sentence reductions for aliens who consent to deportation mandates such a reduction in all cases. The issue in …
Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that …
Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Status as an Alien
Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are …
U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Cultural Assimilation
U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson) by This case is noted because it recognizes still another novel ground for a downward departure under the Guidelines - one which the Court called a person’s “cultural assimilation” into American society. The Ninth …
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