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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 Quote from Judge Wald in which she condemned, as fundamentally wrong, non-sensical, and constitutionally infirm the practice of basing sentences on conduct for which the defendant has been acquitted. QUOTE OF THE …

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer)

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

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

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer) 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. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam)

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

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

U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam) by The Eleventh Circuit holds that uncharged conduct that occurred outside the statute of limitations period can be considered as relevant conduct to enhance a sentence; and in the process it cites decisions from Second, …

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips)

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

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

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips) by This is another case that shows the broad scope of "relevant conduct" as that term is used in U.S.S.G. § 1B1.3 of the Guidelines. Here, the Fourth Circuit joins the Second …

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams)

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

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

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams) by In this case, during its openinf statement, the Government mentioned and attributed to defendants two murders - for which the defendants claimed that no evidence was thereafter introduced at trial. In analyzing …

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam)

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

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

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam) by

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam)

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

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

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam) by The defendant in this case stipulated that a government chemist, if called as a witness, would have testified that the drugs seized were "a mixture and substance containing cocaine base which is …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

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

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The principal holding of this case is that even though the Sentencing Commission itself has "made . . . an extraordinary mea culpa acknowledging the enormous unfairness of one of its guidelines" …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

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

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The case is noted particularly for Judge Wald's dissent in which she forcefully argued that 18 USC § 3553(a)(2) allows a downward departure even in the absence of atypicality under U.S.S.G. § …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

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

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The principal holding of this case is that even though the Sentencing Commission itself has "made . . . an extraordinary mea culpa acknowledging the enormous unfairness of one of its guidelines" …

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn)

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

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

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn) by This case presents a creative and novel method of getting around the enhanced penalty provisions that apply in drug cases involving "crack", compared to cocaine. The defendant pled guilty to selling 57 grams …

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper)

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

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

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper) by Judge Cooper adds to the growing controversy of the fairness of the crack/cocaine sentencing disparities with this novel holding. First he held that because the molecular formula for crack and cocaine were identical, the …

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug)

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

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

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug) by The Court frames the issue in this case as "whether a judge can sentence a defendant for a crime of which the jury found her not guilty." In most countries in the …

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

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

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

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to use uncharged conduct at sentencing, the Government must establish, by a preponderance of evidence, a nexus between that conduct and the offense of conviction. This case …

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn)

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

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

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn) by Case held that Government is required to prove at sentencing that cocaine base constitutes crack cocaine. This case presents a creative and novel method of getting around the enhanced penalty provisions that apply …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

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

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court rejected a challenge based on the use of impermissible uncharged misconduct evidence, holding that the Court has often approved the use of prior narcotics involvement to prove motive and …

U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer)

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

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

U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer) by In this case the Eighth Circuit considered whether it can deny a reduction for acceptance of responsibility based on criminal conduct unrelated to the crime of conviction - here, a urinalysis test …

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf)

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

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

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf) by This is a case with a long and intricate history that raises some fascinating questions about the use of "relevant conduct" at sentencing. The defendant pled guilty to several RICO violations, …

U.S. v. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey)

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

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

U.S. v. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey) by Of the many issues explored in this case, one deals with the concept of "acceptance of responsibility" and it is a forceful reminder of the advantages of silence at sentencing. Prior to …

U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch)

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

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

U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch) by Here the Court called into question the constitutional implications of the district court's use of two murders for which the defendant had been acquitted to enhance his sentence based on a finding …