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U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Fencing Enhancement
U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr) by This decision considered the so-called "in the business of receiving and selling stolen property" ("ITB") enhancement contained in § 2B1.1(b)(4)(B). The defendant argued that it was error for the district court to …
U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan) by Here the Court affirmed the district court's use of the commentary to USSG § 2D1.1 when interpreting whether a defendant possessed a weapon within the meaning of USSG § 5C1.2(2) so as …
U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld) by Here's one of those far-fetched crazy cases that shows the extremes to which prosecutors will sometimes go to notch up another easy conviction. The defendant was charged and convicted on three counts …
U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Breach of trust
U.S. v. Waggoner, No. 95-3543 (8th Cir.) (103 F.3d 724) (January 10, 1997) (Judge James B. Loken) by The defendant in this case was a former federally licensed taxidermist who had been convicted of unlawfully selling migratory birds. As part of his sentence, the district court imposed a special condition …
U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Jolly, No. 96-1359, No. 668 (2nd Cir.) (102 F.3d 46) (December 5, 1996) (Judge Ralph K. Jr. Winter) by In this case the defendant was a corporate president and principal who procured loans to the corporation through fraud. The district court enhanced his sentence for abuse of position …
U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Double Counting
U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by United States v. Dobish, 102 F.3rd 760 (6th Cir. 1996) United States v. Dudley, 102 F.3d 1184 (11th Cir. 1997) These two cases deal with double counting issues under the Guidelines. The Court in …
U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Minimal/Minor Participation
U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter) by Last week we ruffled more than a few feathers when we said that the U.S. Postal Service was one of the largest purveyors of pornography in the world. Little did we know …
U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer) by United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per Curiam) United States v. Molina, 102 F.3d 928 (7th Cir. 1996) (Judge Coffey) United States v. Golden, 102 F.3d 936 (7th …
U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Reasonable Foreseeability
U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson) by Here the Court held that reasonable foreseeability "is completely immaterial" to the analysis of relevant conduct and therefore when a defendant personally participates in a drug transaction, the foreseeability of the drug …
U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam) by Case explored concept of using or carrying a gun during or in relation to a drug trafficking crime or a crime of violence. United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per …
U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (Per Curiam)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Double Counting
U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (Per Curiam) by United States v. Dobish, 102 F.3rd 760 (6th Cir. 1996) United States v. Dudley, 102 F.3d 1184 (11th Cir. 1997) These two cases deal with double counting issues under the Guidelines. The Court in …
U.S. v. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green) by Here, Judge Green adds a new and significant dimension to the ongoing battle about whether the courts have the power to impose a "gun bump" enhancement under U.S.S.G. § 2D1.1(b)(1) to a defendant's …
U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak) by Case held that Bailey's "active employment" of a gun concept is limited to the "use" prong of § 924(c) and does not apply to the "carry" prong. The fallout from the Supreme …
U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey) by "Carry" prong of crime is met is both guns and drugs are moved at all, even if gun is not immediately avaialble for use. United States v. Taylor, 102 F.3d 767 (6th …
U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen) by One of the claims made by the defendant in this appeal was that the district court (Judge Clark) had erred by refusing to grant him a mitigating role downward departure under § …
U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The defendant claimed that the district court failed to make the necessary finding of relative culpability required by the Court's holding in U.S. v. Caballero, 936 F.3d 1292 (D.C.Cir. 1991). In that …
U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen) by The defendant in this case was charged and convicted of a gun crime in violation of 18 U.S.C. § 924(c). Two months after his sentencing, the Supreme Court ruled, in Bailey v. …
U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Abuse of Position of Trust
U.S. v. Gill, No. 96-1203 (1st Cir.) (99 F.3d 484) (November 6, 1996) (Judge Michael Boudin) by Guilty by inference! This case deals with two Guideline sentencing enhancements - victim vulnerability under U.S.S.G. § 3A1.1(b) and abuse of position of trust under U.S.S.G. § 3B1.3. The defendant, who falsely presented …
U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Possession or Use of Firearms
U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay) by Ever since the Supreme Court narrowed the definition of "use" in Bailey v. U.S., 133 L.Ed.2d 472 (1995), for purposes of a conviction under 18 U.S.C. § 924(c) (using or carrying a …
U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel)
Article • November 1, 1996 • from P&J November, 1996
Filed under: Punch And Jurists, Benefits received
U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel) by (See also U.S. v. Agostino, 132 F.3d 1183, 1196-97 (7th Cir. 1997) on the issue of whether a defendant must have received some personal benefit to merit a sentence enhancement under § …
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