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U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner)

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

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

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by Case held that disparate impact of penalties for crack cocaine on Afro-Americans did not justify downward departure or application of rule of lenity since race is not relevant to determination of sentence.

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney)

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

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

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney) by This case involves an important sentencing issue that is still alive in some Circuits - whether the court may consider conduct from a count that has been dismissed pursuant to a plea …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

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

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is another multi-issue case that arose out of a "massive land and air surveillance" of a 72 year old defendant and his automobile by "approximately fifty FBI agents and Rhode Island …

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp)

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

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

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp) by In this case the defendant was charged with travel in interstate commerce to facilitate an unlawful activity (under 18 U.S.C. § 1952), even though his crime was the distribution of crack. After pleading guilty …

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph)

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

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

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by While this case covers a number of issues raised on appeal, its importance is that it rejects the conclusions reached by District Judge Oberdorfer that the crack/cocaine penalties were unconstitutional because they …

U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner)

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

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

U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner) by The decision in this case adds another cogent argument to the growing arsenal of arguments that the "crack/cocaine" sentencing disparities are simply ill-conceived. [The case was decided on the basis of the …

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher)

Article • November 1, 1995

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

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher) by The important issue in this case (that was subsequently appealed to and reversed by the Supreme Court) was the holding that the application of a two-level upward adjustment for possession of a …

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker)

Article • November 1, 1995

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

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker) by In this case, the defendant pled guilty to one count of an indictment that charged him with the sale of 27 grams of cocaine to an undercover agent - which normally calls …

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Streat, No. 93CR0007 (N.D.Ohio) (893 F.Supp. 754) (August 3, 1995) (Judge Ann Aldrich) by United States v. Rabins, 63 F.3d 721 (8th Cir. 1995) United States v. Streat, 893 F.Supp. 754 (N.D.Ohio 1995) Here are two cases that deal with the impact of AIDS on a person's sentence, …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

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

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold)

Article • October 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Rabins, No. 94-2937 (8th Cir.) (63 F.3d 721) (August 21, 1995) (Judge Richard S. Arnold) by United States v. Rabins, 63 F.3d 721 (8th Cir. 1995) United States v. Streat, 893 F.Supp. 754 (N.D.Ohio 1995) Here are two cases that deal with the impact of AIDS on a …

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin)

Article • July 1, 1995

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

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin) by Case held that statutory provision applicable to alien who was deported after conviction of aggravated felony was enhancement provision, rather than statement of separate offense.

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey)

Article • July 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey) by Case held that an AIDS-inflicted individual is not entitled to a downward departure unless the disease has progressed to such an advanced stage that it could be characterized as an extraordinary physical …

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan)

Article • May 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan) by In this case, the defendant moved for a downward departure at sentencing pursuant to U.S.S.G. § 5H1.4 based on the fact that he was HIV positive, although he has not yet developed …

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt)

Article • March 1, 1995

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

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt) by The Court limited its consideration of a § 4A1.3 upward departure to the 5 specific factors in the guideline, rejecting the government's attempt to expand the reach of factor (e) to "authorize …

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill)

Article • January 1, 1994

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

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill) by Brilliant, thought provoking decision by Judge Cahill in which he concludes that the crack/cocaine sentencing disparity unconstitutionally discriminates against blacks who are subjected to a policy of unconscious racism. "[T]he historical precedent …

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway)

Article • January 1, 1994

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

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway) by Case held that the district court improperly applied the enhancement contained in USSG § 2K2.1(b)(4) holding that it applies only when the firearm had already been stolen prior to the defendant's …

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill)

Article • January 1, 1994

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

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill) by QUOTE OF THE WEEK - The "unconscious racism" syndrom that prevails in America. In recent times, there probably has been no more thought-provoking judicial analysis of the "unconscious racism" that exists in …

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker)

Article • January 1, 1994

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

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker) by In this case the defendant was convicted based on a negotiated plea agreement pursuant to which the Probation Office prepared a Presentence Report that stipulated a Guideline sentence of between 27 and …

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay)

Article • January 1, 1994

Filed under: Punch And Jurists, AIDs/HIV Issues

Harris v. Thigpen, No. 90-7083 (11th Cir.) (941 F.3d 1495) (September 18, 1991) (Judge Peter T. Fay) by This case involved an appeal from the district court's decision Harris v. Thigpen, 727 F.Supp. 1564, 1583 (M.D.Ala.1990), in which the district court concluded: "This Court is of the opinion that the …