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U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford) by Court held that defendant's sentence was properly enhanced on grounds that gun was used or possessed in connection with robberies even though robberies were grouped with felon in possession conviction.
U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom) by Case held (before Supreme Court's decision in Muscarella) that defendant was entitled to a certificate of appealability since Government had failed to establish that defendant had a weapon within reach and therefore …
U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett) by This is an interesting case dealing with the permissible grounds for denying a defendant a sentence reduction based on a mitigating role in the offense, pursuant to the provisions of U.S.S.G. § …
U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Fencing Enhancement
U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB …
Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Weng v. U.S., No. 96-2918, No. 1780 (2nd Cir.) (137 F.3d 709) (February 24, 1998) (Judge Pierre N. Leval) by This case involved several administrative forfeiture notices, one of which was sent by certified mail to the federal facility at which the plaintiff-appellant was detained. The Court determined that the …
U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
U.S. v. Robinson, No. 97-1523 (1st Cir.) (137 F.3d 652) (March 2, 1998) (Judge Juan R. Torruella) by Case rejected challenge that conviction was invalid because defendant did not have fair notice that the possession of pornographic materials had become illegal.
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding. This forfeiture case is a rarity because it reversed an administrative forfeiture due to the failure …
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Notice - Adequacy of
Small v. U.S., No. 97-5008 (D.C. Cir.) (136 F.3d 1334) (February 20, 1998) (Judge Patricia M. Wald) by Case held that publication of notice in USA Today is not adequate notice of forfeiture proceeding.
U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam) by Case held that double counting is permissible if it accounts for more than one type of harm caused by the defendant's conduct or where each enhancement serves a unique purpose under the Guidelines (Id., …
U.S. v. Benson, No. 96-5325 (6th Cir.) (134 F.3d 787) (January 21, 1998) (Judge Eugene E. Jr. Siler)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Commission of Offenses While on Release
U.S. v. Benson, No. 96-5325 (6th Cir.) (134 F.3d 787) (January 21, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this case was originally arrested on a mail theft charge. He was released on bond; and after he subsequently failed to appear, he was subsequently indicted for failure …
U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Special Skills
U.S. v. Burt, No. 97-2030 (10th Cir.) (134 F.3d 997) (January 20, 1998) (Judge Monroe G. McKay) by You may not get a sentencing break if you are a drug addict in this country - but, as this case shows, you usually can if you are a former law enforcement …
U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd) by This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession …
U.S. v. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam) by Here the court vacated a sentence because the district court had determined that the Career Offender Guidline punished the defender twice by enhancing both his offense level and his criminal history category …
U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy) by In this drug case the district court added sentence enhancements both for reckless endangerment during flight (U.S.S.G. § 3C1.2) and for knowingly assaulting a police officer (U.S.S.G. § 3A1.2(b) - arising out …
U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd) by This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession …
U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Minimal/Minor Participation
U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by Here the court addressed the overlapping scope of, and the difference bwteen, the vulnerable victims enhancement set forth in U.S.S.G. § 2F1.1(b)(2)(B) and the language in the Senior Citizens Against Marketing Scams Act …
U.S. v. Conley, No. 96-3255 (10th Cir.) (131 F.3d 1387) (December 15, 1997) (Judge David M. Ebel)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Reckless Endangerment/Risk of Injury
U.S. v. Conley, No. 96-3255 (10th Cir.) (131 F.3d 1387) (December 15, 1997) (Judge David M. Ebel) by Here the Court affirmed the use of the reckless endangerment enhancement in USSG § 3C1.2 for non-drivers of the getaway vehicle, since they were armed, supporting the conclusion that they had control …
U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch) by United States v. Drinkwine, 133 F.3d 203 (2nd Cir. 1998) (Judge Van Graafeiland) United States v. Garrison, 133 F.3d 831 (11th Cir. 1998) (Judge Birch) Both of these cases deal with …
U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Benefits received
U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As …
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