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U.S. v. Chandler, No. 96-20727 (5th Cir.) (125 F.3d 892) (October 10, 1997) (Judge Fortunato P. Benavides)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations
U.S. v. Chandler, No. 96-20727 (5th Cir.) (125 F.3d 892) (October 10, 1997) (Judge Fortunato P. Benavides) by In this case the Fifth Circuit joined in similar rulings from the Fourth Circuit (U.S. v. Locklear, 24 F.3d 641 (4th Cir. 1994)) and subsequent decisions from the Eleventh Circuit (U.S. v. …
U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy) by In affirming the use of the "gun bump enhancement" specified in § 2D1.1(b)(1), the Court held that it is not necessary for the Government to show that the gun was present during …
U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner) by Essentially, the Court stated that: "Although it is the government's initial burden to prove by a preponderance of evidence 'that the defendant possessed a weapon in a place where drugs were present', …
U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer) by This important case was first reviewed by us in our June 16, 1997 issue (Vol. 4, No. 24). Presumably, after a Government request for a rehearing, the original decision which was reported …
U.S. v. Westmoreland, No. 96-1217 (7th Cir.) (122 F.3d 431) (August 20, 1997) (Judge Ilana Diamond Rovner)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Westmoreland, No. 96-1217 (7th Cir.) (122 F.3d 431) (August 20, 1997) (Judge Ilana Diamond Rovner) by Here the Government agents gave the defendant an inoperable, unloaded gun in the place of currency and then attempted to convict him for the crime of using or carrying a gun during …
U.S. v. Long, No. 95-8502 (11th Cir.) (122 F.3d 1360) (September 16, 1997) (Judge Gerald B. Tjoflat)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Long, No. 95-8502 (11th Cir.) (122 F.3d 1360) (September 16, 1997) (Judge Gerald B. Tjoflat) by One of the Guideline issues explored in this case was the enhancement for abuse of a position of trust under U.S.S.G. § 3B1.1; and the case is another indication that, depending on …
U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation
U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy) by Case held that defendant's activities as a "trafficker" in child pornography did not constitute a pattern of sexual exploitation that would support a sentence enhancement under § 2G2.2(b)(4).
U.S. v. Muhammad, No. 96-2434 (7th Cir.) (120 F.3d 688) (July 21, 1997) (Judge John L. Jr. Kane)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Benefits received
U.S. v. Muhammad, No. 96-2434 (7th Cir.) (120 F.3d 688) (July 21, 1997) (Judge John L. Jr. Kane) by Case suggests that a defendant need not receive any benefits directly in order to have his sentence adjusted under § 2C1.1(b)(2)(A) - but see U.S. v. Agostino, 132 F.3d 1183, 1196-98 …
U.S. v. Shumard, No. 96-1698 (2nd Cir.) (120 F.3d 339) (May 30, 1997) (Per Curiam)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Victims - Multiple/Number of
U.S. v. Shumard, No. 96-1698 (2nd Cir.) (120 F.3d 339) (May 30, 1997) (Per Curiam) by Court held that once district court finds that scheme to defraud covers more than one victim under relevant conduct provisions, the court must impose the two level adjustment under § 2F1.1(b)(2)(B) for defrauding more …
U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell) by This case involved a defendant's delivery of two handguns to a prospective robber for use in a robbery. The robbery never took place - and the Court addressed the question of whether …
U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam) by Citing earlier cases, the Court held that it is not error to apply the § 2D1.1(b)(1) enhancement to a defendant's sentence when only his co-conspirator was shown to have used the gun - so …
U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Double Counting
U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by This is a significant decision about upward departures, which holds that encouraged departures may not be used to increase a sentence if the conduct is already taken into account by the …
Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall) by In this case, one of the crimes for which the defendant was convicted was that he had possessed a firearm during and in relation to a drug trafficking offense in violation of …
U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Double Counting
U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer) by In this case, the Court affirmed an upward sentencing departure for sophisticated means, obstruction of justice and role in the offense, even though it acknowledged that the district court had mentioned some …
U.S. v. Jackson, No. 96-8718 (11th Cir.) (117 F.3d 533) (July 21, 1997) (Per Curiam)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Statutory Index
U.S. v. Jackson, No. 96-8718 (11th Cir.) (117 F.3d 533) (July 21, 1997) (Per Curiam) by Case held that the district court improperly sentenced defendant under guideline governing civil rights violations rather than guideline for theft offenses, despite finding that defendant, a former police officer, committed civil rights violations.
U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Becraft, No. 96-3098 (D.C. Cir.) (117 F.3d 1450) (July 8, 1997) (Judge Karen LeCraft Henderson) by In this case, the D.C. Circuit affirmed a two level sentence enhancement under § 3B1.3 for an employee who was convicted of interstate transportation of stolen property in connection with her scheme …
U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Bhagavan, No. 95-3382 (7th Cir.) (116 F.3d 189) (May 22, 1997) (Judge Diane P. Wood) by In this case, the defendant, president and largest shareholder of a small engineering and surveying firm, was convicted of tax evasion arising from his diversion of a substantial amount of money nominally …
U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell) by In this mildly surprising decision, the Fourth Circuit held that the Government had failed to present sufficient evidence to support a conviction for using or possessing a gun during and in relation …
U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Double Counting
U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill) by The defendant in this case argued that the district court had impermissibly double counted when it sentenced her based on her single act of embezzling while out on bond, because the district …
U.S. v. Vasquez, No. 96-1163 (2nd Cir.) (113 F.3d 383) (May 19, 1997) (Judge Richard J. Cardamone)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Commission of Offenses While on Release
U.S. v. Vasquez, No. 96-1163 (2nd Cir.) (113 F.3d 383) (May 19, 1997) (Judge Richard J. Cardamone) by Although bail release form only warned defendant that the result of commision of a new crime while on release "could be" a mandatory sentence, that was held to be sufficient notice of …
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