Search | Punch and Jurists

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by The Tenth Circuit reversed a substantial downward departure granted in numerous grounds including doubts about the witnesses' credibility, the strength of the evidence about the defendant's intent and proof of the interstate …

U.S. v. Sablan, No. 94-10534 (9th Cir.) (114 F.3d 913) (June 5, 1997) (Judge Edward Leavy)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Sablan, No. 94-10534 (9th Cir.) (114 F.3d 913) (June 5, 1997) (Judge Edward Leavy) by This is an important Guidelines decision that flows from the Supreme Court's landmark ruling in Koon v. U.S., 135 L.Ed.2d 392 (1996); and, in the minds of the dissenting judges, it is destined …

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch) by Here, without deciding whether a court can award a downward departure based on drug addiction (an issue on which the Circuits are in disagreement), it simply affirmed the district court's discretionary authority …

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch) by Among the several issues raised on this appeal, one provocative Guidelines' issue is noted. The defendant was convicted of being a felon in possession of a gun. He was sentenced to 97 …

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan) by Case reversed district court's finding that differences between sentences of 360 months and 36 months between co-defendants was a mitigating factor that authorized it to reduce sentence from 360 months to 240 …

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by In a domestic violence case, the Court rejected defendant's claims that upward departures based on USSG §§ 5K2.2, 5K2.4, 5K2.5 and 5K2.8 were improper.

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Court agreed with the district court's assessment that "the intricacy and sophistication of [the defendant's] scheme were substantially in excess of the typcial fraud case that involves 'more than minimal planning'.". …

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt) by In 1990, Congress enacted certain amendments to 18 U.S.C. § 3621 requiring the Bureau of Prisons to give every Federal prisoner with a substance abuse problem the opportunity to participate in a drug …

U.S. v. Gunby, No. 94-8334 (11th Cir.) (112 F.3d 1493) (May 22, 1997) (Judge Gerald B. Tjoflat)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Gunby, No. 94-8334 (11th Cir.) (112 F.3d 1493) (May 22, 1997) (Judge Gerald B. Tjoflat) by Here the Court stated: "Because an abuse of public trust and the disruption of a governmental function are analytically distinct, a sentencing court can apply sections 3B1.3 and 5K2.7 simultaneously. See, e.g., …

U.S. v. Landau, No. 90 Civ. 0384 (S.D.N.Y.) (956 F.Supp. 1160) (March 28, 1997) (Judge Whitman Knapp)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Landau, No. 90 Civ. 0384 (S.D.N.Y.) (956 F.Supp. 1160) (March 28, 1997) (Judge Whitman Knapp) by While this case deals primarily with a tax issue - namely, whether and under what circumstances a person may be deemed to be a "responsible person" who is liable for a corporation's …

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill) by

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton) by Here the Court granted a downward departure to an alien who consented to deportation, even though the Government objected due to the defendant's failure to plead guilty. The Court held that the …

U.S. v. Snyder, No. CR. No. 95-10200-EFH (D.Mass.) (954 F.Supp. 19) (January 14, 1997) (Judge Edward F. Harrington)