Search | Punch and Jurists

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris) by In this case, the defendant argued that the departure was warranted by "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." …

U.S. v. Besler, No. 96-1220 (7th Cir.) (86 F.3d 745) (June 21, 1996) (Judge Walter J. Cummings)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Besler, No. 96-1220 (7th Cir.) (86 F.3d 745) (June 21, 1996) (Judge Walter J. Cummings) by Court remanded a sentence where a downward departure had been granted for voluntary disclosure of the offense due to inadequate findings by the district court. This case is cited because it reviews …

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan) by In 1992, postal inspectors questioned the defendant regarding allegations that he had stolen mail from post office boxes; and he immediately confessed and agreed to make restitution. He was not indicted however …

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions) by In this just published 1995 ruling, Judge Sessions granted the Canadian defendants a downward departure under U.S.S.G. § 5K2.0, based on the defendants' alien status, in order to enable the …

U.S. v. Rostoff, No. 93-1376 (1st Cir.) (53 F.3d 398) (April 24, 1995) (Judge Bruce M. Selya)

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

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

U.S. v. Rostoff, No. 93-1376 (1st Cir.) (53 F.3d 398) (April 24, 1995) (Judge Bruce M. Selya) by Here's a great case involving the pre-1991 version of § 2F1.1 of the Guidelines that upholds a very substantial departure from the Guideline level based on "multiple loss causation." The district court …

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval) by Court approved post-arrest rehabilitation efforts as a valid basis for a downward departure - but see USSG § 5K2.19, which became effective on 11/1/00 and which made post-sentencing rehabilitation a …

U.S. v. Brownstein, No. 95-50046 (9th Cir.) (79 F.3d 121) (March 21, 1996) (Judge Otto R. Jr. Skopil)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Brownstein, No. 95-50046 (9th Cir.) (79 F.3d 121) (March 21, 1996) (Judge Otto R. Jr. Skopil) by After robbing two federally insured banks, the defendant in this case voluntarily notified police and confessed to the crimes. At sentencing he sought a sentence reduction based on U.S.S.G. § 5K2.16. …

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes) by In this case the First Circuit adopted the minority view that the proper test for determining whether a defendant is entitled to a downward departure based on "aberrant conduct" is the "totality …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by In a decision in which the D.C. Circuit overruled Judge Sporkin's granting of a downward departure based on extraordinary family and other circumstances, the Court also addressed the issue of aberrant behavior. …

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner)

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

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

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner) by This is one of those crazy cases that shows the bountiful compassion of the Bureau of Prisons. A 76 year old defendant was convicted of bank fraud. His counsel moved for a downward departure …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)