Search | Punch and Jurists

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by [Editor's Note: See U.S.S.G. § 5K2.19, Post-Sentencing Rehabilitative Efforts (Policy Statement), which became effective on Nov. 1, 2000, and which made post-sentencing rehabilitative efforts, "even if exceptional," a probibited factor for downward …

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson) by United States v. Winters, 105 F.3d 200 (5th Cir. 1997) (Judge Furgeson) United States v. Kalb, 105 F.3d 426 (8th Cir. 1997) (Judge Loken) When, if ever, is a sentence reduction warranted …

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins) by Case held that the Government was prejudiced by not receiving advance notice of downward departure on grounds not identified in presentence report, and that a sentence of probation based on aberrant conduct …

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by In this case the majority held that "aberrant conduct" is an "unmentioned" factor within the framework outlined by Koon v. U.S., and, as such, it requires a greater degree of proof to …

U.S. v. Moses, No. 95-6066 (6th Cir.) (106 F.3d 1273) (February 13, 1997) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Public Welfare

U.S. v. Moses, No. 95-6066 (6th Cir.) (106 F.3d 1273) (February 13, 1997) (Judge Danny J. Boggs) by What does a judge do if she is about to sentence a defendant who she believes to be dangerously deranged, but who has already been held in pre-trial incarceration for such a …

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs) by QUOTE OF THE WEEK - Another view of the growing reach of Federal regulation over State crimes. "The federal courts, with less than 10% of the judges of general jurisdiction …

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by QUOTE OF THE WEEK - One of those hypothetical questions that will never be answered! "Do draconian sentences for first time offenders demanded by the [law] make any sense in the face …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Here the court held that the district court lacks jurisdiction under 8 U.S.C. § 1252a(d)(1) to order deportation absent a request by the U.S. Attorney with the concurrence of the Commissioner of …

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Allen, No. 95-5251 (6th Cir.) (106 F.3d 695) (February 10, 1997) (Judge Kathleen M. O'Malley) by QUOTE OF THE WEEK - One view of the inexorable expansion of Federal regulation over everything. "The Congress has had a recent penchant for passing a federal criminal statute on any well-publicized …

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Loss - Multiple Loss Causation

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by Without establishing any general rule for tax cases, the Court did affirm the concept that "multiple loss causation" is "a permissible, indeed, even . . . encouraged grounds for departure under the Guidelines." (Id., …

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer) by In this case, Judge Brimmer makes a a persuasive argument that disparate sentences imposed on similarly-situated defendants in the same case can sometimes constitute valid grounds for adjusting a sentence. This case, which …

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty)

Article • January 1, 1997 • from P&J October, 1996

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

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty) by Court rejected claim that BOP reclassification of crimes to deny benefits of drug treatment program violated the prisoners rights. At least twice before, Judge Haggerty has dealt with the same issue …

U.S. v. Peterson, No. 95-40820 (5th Cir.) (101 F.3d 375) (November 27, 1996) (Judge Eldon E. Fallon)

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

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Peterson, No. 95-40820 (5th Cir.) (101 F.3d 375) (November 27, 1996) (Judge Eldon E. Fallon) by This decision, involving a securities fraud conviction under the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)), contains an important analysis of the scope of "relevant conduct" under the Guidelines. Here, …

U.S. v. Hardy, No. 95-1841 (1st Cir.) (99 F.3d 1242) (November 6, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Violent anti-social behavior

U.S. v. Hardy, No. 95-1841 (1st Cir.) (99 F.3d 1242) (November 6, 1996) (Judge Conrad K. Cyr) by Case approved a 300% upward departure based on pattern of violent anti-social behavior.

U.S. v. Soskin, No. 95-20467 (7th Cir.) (100 F.3d 1377) (November 26, 1996) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Soskin, No. 95-20467 (7th Cir.) (100 F.3d 1377) (November 26, 1996) (Judge Daniel A. Manion) by The Court stated: "Nowhere does § 922(j) or § 922(k) provide that notification of the police constitutes a defense. Nor does the regulation Soskin cites, 27 C.F.R., support his instruction." (Id., at …

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson) by In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" …

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Loss of employment

U.S. v. Olbres, No. 96-1021 (1st Cir.) (99 F.3d 28) (November 1, 1996) (Judge Sandra L. Lynch) by One of the arguments raised in this case centered on the consequences to their business and employees should the defendants be imprisoned. They alleged that twelve innocent employees would lose their jobs …

U.S. v. Horton, No. 95-3708 (7th Cir.) (98 F.3d 313) (October 21, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Horton, No. 95-3708 (7th Cir.) (98 F.3d 313) (October 21, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case pled guilty to making a bomb threat against a Federal building (in violation of 18 U.S.C. § 844(e)) - one day after a bomb destroyed the Alfred …

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz) by Case held that while departures based on the extraordinary complexity of defendant's fraud are rare, they are proper if "present to such an exceptional degree that it cannot be characterized as typical …

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore) by Here the Court held that the district court had not erred in determining that a departure was warranted under § 5K2.11 because the defenant perceived that his girlfriend was in grave danger …