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U.S. v. Anderson, No. 94-10817 (5th Cir.) (70 F.3d 353) (November 21, 1995) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Anderson, No. 94-10817 (5th Cir.) (70 F.3d 353) (November 21, 1995) (Per Curiam) by This is an intriguing case that peremptorily rejects the hot-potato suggestion made by District Judge John McBryde that the defendant had received favorable treatment because his uncle worked with the DEA and with the …

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis)

Article • December 1, 1995

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

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Case approved an upward departure on grounds that complexity of scheme and more than minimal planning took case outside of heartland of Guidelines.

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter)

Article • November 1, 1995

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter) by This case is important not only because it contains a rare discussion about what the Guidelines means when they talk about circumstances that fall outside the "heartland", thereby justifying a downward …

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer)

Article • November 1, 1995

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by In this case the court approves a substantial downward departure under Guideline § 5K2.0 for a defendant who possessed 303 grams of crack. Noting that the defendant (a) possessed a very low IQ …

U.S. v. DeRiggi, No. 92-CR-925 (E.D.N.Y.) (893 F.Supp. 171) (July 12, 1995) (Judge Jack B. Weinstein)

Article • October 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. DeRiggi, No. 92-CR-925 (E.D.N.Y.) (893 F.Supp. 171) (July 12, 1995) (Judge Jack B. Weinstein) by This thoughtful decision by Judge Weinstein contains an excellent analysis of the parameters of permitted downward departures under § 5K2 of the Guidelines. In what is probably the final of many appeals that …

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Loss of employment

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes) by This is a most unusual and important downward departure case in which the Second Circuit approves a term of probation in lieu of imprisonment because imprisonment of the defendant would …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Kaye, No. 94-1381, 899 (2nd Cir.) (65 F.3d 240) (September 5, 1995) (Judge Ralph K. Jr. Winter)

Article • October 1, 1995

Filed under: Punch And Jurists, Cooperation with Local Authorities

U.S. v. Kaye, No. 94-1381, 899 (2nd Cir.) (65 F.3d 240) (September 5, 1995) (Judge Ralph K. Jr. Winter) by In this case the Government refused to file a § 5K1.1 motion, apparently because the defedant's cooperation with Federal authorities failed to produce a Federal prosecution and because the defendant …

U.S. v. Williams, No. 94-1694 (2nd Cir.) (65 F.3d 301) (September 12, 1995) (Judge John M. Jr. Walker)

Article • October 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Williams, No. 94-1694 (2nd Cir.) (65 F.3d 301) (September 12, 1995) (Judge John M. Jr. Walker) by United States v. Moe, 65 F.3d 245 (2nd Cir. 1995) United States v. Williams, 65 F.3d 301 (2nd Cir. 1995) The juxtaposition of these two cases raises some disturbing questions about …

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Hardship - Extraordinary

U.S. v. Milikowsky, No. 94-1450, No. 1386 (2nd Cir.) (65 F.3d 4) (August 30, 1995) (Judge James L. Oakes) by This is a most unusual and important downward departure case in which the Second Circuit approves a term of probation in lieu of imprisonment because imprisonment of the defendant would …

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam) by Court held that district court did not clearly err when it imposed an upward departure based on extreme psychological injury to victims.

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Akin, No. 94-10935 (5th Cir.) (62 F.3d 700) (August 18, 1995) (Judge John M. Jr. Duhé)

Article • September 1, 1995

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Akin, No. 94-10935 (5th Cir.) (62 F.3d 700) (August 18, 1995) (Judge John M. Jr. Duhé) by Court declined to hold that district court had erred when it refused to grant downward departure based on defendant's participation in a alcohol rehabilitation program. This case discusses whether a defendant …

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr)

Article • September 1, 1995

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

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr) by This is the second appeal by the Government of a sentence imposed by Judge Harrington, where he tried to reduce a defendant's sentence by applying some creative thinking to the concept of …

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum)

Article • July 1, 1995

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum) by Case held that disparity of sentences among co-conspirators is not a valid basis for a downward departure.

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen)

Article • July 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen) by In this carjacking case, the Court held that an upward departure of 180 months (increasing defendant's sentence to 1,253 months) for unusually heinous conduct was not an abuse of discretion.

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel)

Article • July 1, 1995

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

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel) by After the district court granted a substantial downward departure at sentencing, the Government appealed and the departure was reversed. On remand, the district court again gave a substantial departure, this time on …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that a downward departure based on aberrant behavior unless the crime was a spontaneous and seemingly thoughtless act rather than one which was the result of substantial planning. This case …

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes)

Article • July 1, 1995

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that a court's determination that a defendant has recidivist proclivities was sufficient to increase the defendant's criminal history category.

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey)

Article • June 1, 1995

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Here's an interesting case that points out the inadequacy of medical care in Federal prisons. The defendant, a 450 pound individual with chronic asthma, was given a downward departure under §§ 5K2.11 …