Search | Punch and Jurists

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, Abuse of Position of Trust

U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter) by In rejecting an enhancement for abuse of position of trust, the Court observed, inter alia, that "the conduct that is the basis of the conviction must be independently criminal . . …

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari)

Article • November 1, 1995

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari) by In determining whether a defendant played a "minor role" in the commission of an offense, the Court observed that it is improper to look solely at the defendant's relative culpability compared with …

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan)

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan) by Citing its earlier decision in United States v. Kelly, 993 F.3d 702, 704 (9th Cir. 1993), the 9th Circuit again confirms that it is not impermissible double counting to give a defendant …

U.S. v. Ortiz, No. 95-1015 (1st Cir.) (64 F.3d 18) (September 7, 1995) (Judge Juan R. Torruella)

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Ortiz, No. 95-1015 (1st Cir.) (64 F.3d 18) (September 7, 1995) (Judge Juan R. Torruella) by Case held that double counting is proper "if it is clearly intended by the [Sentencing] Commission and the same factor 'reflects both the seriousness of an offense and the likelihood of a …

U.S. v. Gordon, No. 94-5386 (4th Cir.) (61 F.3d 263) (August 9, 1995) (Judge J. Harvie III Wilkinson)

Article • September 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Gordon, No. 94-5386 (4th Cir.) (61 F.3d 263) (August 9, 1995) (Judge J. Harvie III Wilkinson) by This case deals with a bank teller defendant who claims that she falls within the "bank teller exception" of § 3B1.3. The court denies her claim, saying that the abuse of …

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone)

Article • August 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone) by United States v. Anderson, 59 F.3d 1323 (D.C.Cir. 1995) United States v. Melendez, 60 F.3d 41 (2nd Cir. 1995) Here are two cases dealing with 18 U.S.C. § 924(c) - …

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay)

Article • August 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay) by The defendant pled guilty to one count of possessing an unregistered firearm, under 26 U.S.C. § 5861. The Presentence Report recommended that the sentence by enhanced by four levels, under U.S.S.G. § …

U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam) by This case deals with the right to obtain a reduction of sentence under U.S.S.G. § 3B1.2 (Mitigating Role). The defendant pled guilty to (a) a conspiracy to defraud the Government by obtaining false payments …

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman)

Article • August 1, 1995

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman) by United States v. Anderson, 59 F.3d 1323 (D.C.Cir. 1995) United States v. Melendez, 60 F.3d 41 (2nd Cir. 1995) Here are two cases dealing with 18 U.S.C. § 924(c) - using or …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Here the Court held that it was not improper double counting to increase a sentence both for a leadership role under § 3B1.1 and under § 2F1.1(b)(4)(B) - formerlly codified at § …

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari) by A double-counting case under the Guidelines that holds that a court "does not engage in impermissible double counting when it considers a single act that 'is relevant to two dimensions of the …

U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg)

Article • July 1, 1995

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg) by Even though the Sentencing Commission had not taken into account the use by the INS of confusing Forms I-294, no departure could be granted on the basis of such forms since …

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. West, No. 94-3094 (D.C. Cir.) (56 F.3d 216) (June 9, 1995) (Judge Harry T. Edwards) by In this case the D.C. Circuit reversed an upward enhancement of two points for abuse of a position of trust that was applied by the district court; and in so doing specifically …

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman) by Case held that there is no double counting when a court enhances a sentence based on the leader or organizer provisions in § 3B1.1(c) as well as on a finding that multiple …

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple) by Court rejected contention that enhancements for more than minimal planning under § 2F1.1(b)(2) and aggravating role under § 3B1.1 constituted impermissible double counting. There is a good listing, at 14 on page …

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi)

Article • March 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi) by This credit card fraud case discusses the relationship between sentencing enhancements for a leadership (under § 3B1.1 of the Guidelines) and an enhancement for "more than minimal planning" (under § 2F1.1 (b)(2)). The …

National Rifle Association of America v. McGaw, No. 95-CV-10045-BC (E.D.Mich.) (909 F.Supp. 490) (November 22, 1995) (Judge Robert H. Cleland)

Article • January 1, 1995

Filed under: Punch And Jurists, Notice - Adequacy of

National Rifle Association of America v. McGaw, No. 95-CV-10045-BC (E.D.Mich.) (909 F.Supp. 490) (November 22, 1995) (Judge Robert H. Cleland) by Pre-enforcement constitutional challenge to provisions of Violent Crime Control and Law Enforcement Act of 1994 restricting semiautomatic assault weapons and large-capacity ammunition feeding devices was not ripe for judicial …

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch)

Article • January 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch) by Here the Court held that it was not improper double counting to increase a defendant's sentence both for a leadership-role enhancement and by upwardly departing, both based on the unusually high purity …

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald)

Article • January 1, 1995

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald) by While this decision is neither significant nor scintillating, it does review two important issues that arise frequently in criminal trials; namely, the introduction into evidence of "other bad acts" of the defendant …

U.S. v. Hayter Oil Co., No. 95-5670 (6th Cir.) (51 F.3d 1265) (April 17, 1995) (Judge H. Ted Milburn)

Article • January 1, 1995

Filed under: Punch And Jurists, Antitrust Issues

U.S. v. Hayter Oil Co., No. 95-5670 (6th Cir.) (51 F.3d 1265) (April 17, 1995) (Judge H. Ted Milburn) by This case involved a simple conspiracy by gasoline station owners in a Tennessee town to set prices at a certain above-market level. Because of competition from non-conspirators and cheating by …