Search | Punch and Jurists

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by Court affirmed an upward departure in this Medicaid case under § 5K2.7 because the defendants not only disrupted the efficient administration of Medicaid, it also undermined the public's confidence in government.

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett)

Article • April 1, 1995

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett) by This case is cited because it discusses in some detail the rarely used provision of the Guidelines, § 5K2.11, which permits downward departures for "lesser harms", i.e. where the conduct may not …

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt)

Article • March 1, 1995

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt) by Court rejected a 16-level upward departure under § 5K2.9 based on uncorroborated unreliable "triple hearsay" evidence which it labeled as unreliable - calling the Government's theories in support of the departure "irreconcilable". …

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez)

Article • January 1, 1994

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by Here the Court stated that it was "reluctant" to concude that a defendant who possessed a sawed-off shotgun for the purpose of protecting his family qualified him for a "lesser harms" sentence …

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the district court departed because it felt that the guidelines did not account properly for the extreme degree of brutality displayed by the defendants or the mental anguish suffered by the …

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock)

Article • January 1, 1994

Filed under: Punch And Jurists, Public Welfare

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by Here the defendant claimed that the court erroneously applied U.S.S.G. § 5K2.14 (Public Welfare) in increasing his offense level by an additional point. He argued that § 5K2.14 is only appropriate in …

U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher)

Article • January 1, 1994

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher) by In this case the district court upwardly departed based on her belief that the Sentencing Commission failed to take into account the serious problem of drug offender recidivism when formulating …

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker)

Article • January 1, 1994

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

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker) by Without citing any specific Guideline provision, the Court granted a downward departure to a mother who had "health problems" and "teenage children.". Here's a case in which a wife, charged with bankruptcy fraud, …

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion)

Article • January 1, 1994

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion) by Here the Court held that for conduct to qualify as "aberrant behavior" within the meaning of the Guidelines, the criminal conduct must be something in the nature of a spontaneous, sudden, or …

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Edwards, No. 89-2880 (7th Cir.) (945 F.2d 1387) (October 15, 1991) (Judge Samuel Ray Cummings) by Here the Court held that a disparity among co-defendants' sentences is not a valid basis to challenge a guideline sentence that is otherwise correctly calculated.

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).

U.S. v. Boshell, No. 90-30115 (9th Cir.) (952 F.2d 1101) (December 20, 1991) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Boshell, No. 90-30115 (9th Cir.) (952 F.2d 1101) (December 20, 1991) (Judge Dorothy Wright Nelson) by Case is noted for its holding that a sentencing judge may depart to take account that co-defendants received disparate treatment, some being sentenced under the Guidelines and some under the old law.

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez)

Article • January 1, 1994

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by In this case the Court ruled that the district court had erred by concluding that it did not have the authority to grant a sentence departure based on aberrant conduct - but …