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U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner)

Article • October 1, 1994 • from P&J October, 1999

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

U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner) by This is a significant decision that deals with the history, purposes and interpretation of U.S.S.G. § 2D1.1(b)(1), a provision that establishes a two-level sentencing enhancement if a dangerous weapon was “possessed” in connection …

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

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

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella) by Here the Court held that the "in connection with" language contained in USSG § 2K2.1(c)(2) should be construed broadly, but that there must exist a causal or logical relation or sequence between …

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney)

Article • January 1, 1994

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

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney) by In this case the Court found that the Government had stipulated that the firearm had no relationship to the drug crime; and it held that the that the burden of proving a …

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan)

Article • January 1, 1994

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Ornelas, No. 93-CR-317 (D.Colo.) (841 F.3d 1087) (January 12, 1994) (Judge James R. Carrigan) by Judge Carrigan wrote: "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. …

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, Double Counting

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by Case held that impermissible double counting occurs when the same conduct is used to support separate increases under separate enhancement provisions which necessarily overlap, are indistinct, and serve identical purposes (Id., at …

U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy)

Article • January 1, 1994

Filed under: Punch And Jurists, Special Skills

U.S. v. Lewis, No. 94-1317 (7th Cir.) (41 F.3d 1209) (September 9, 1994) (Judge Richard D. Cudahy) by The Court concluded: "The conclusion that truck driving necessitates the use of a special skill only completes part of the analysis. A court must also determine that a defendant actually used that …

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn) by "Section 2K2.4(a) of the Guidelines provides that where, as here, a defendant is convicted for unlawful use and carrying of a firearm during and in relation to a drug trafficking crime, the …

U.S. v. Rosa, No. 93-1120, No. 430 (2nd Cir.) (17 F.3d 1531) (February 23, 1994) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, More than Minimal Planning

U.S. v. Rosa, No. 93-1120, No. 430 (2nd Cir.) (17 F.3d 1531) (February 23, 1994) (Judge Amalya Lyle Kearse) by Here the Court held that the language in USSG § 2B1.1(b)(4) which directs a two-level enhancement if the offense involved "more than minimal planning" does not require the defendant's personal …

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant) by While court approved enhancements under §§ 2B1.1 and 3B1.1, it also held that double counting is permissible unless expressly excluded by the Guidelines or unless "a compelling basis exists for implying such …

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste)

Article • January 1, 1994

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

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste) by Although the Court did not refer specifically to language like possession "in furtherance of," or "in relation to," it held that when (1) the weapon is readily available; (2) for the protection …

U.S. v. Belanger, No. 91-3070 (7th Cir.) (970 F.2d 416) (August 12, 1992) (Judge Michael S. Kanne)

Article • January 1, 1994

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Belanger, No. 91-3070 (7th Cir.) (970 F.2d 416) (August 12, 1992) (Judge Michael S. Kanne) by The Court stated: "The government timely filed two notices which taken together signify its intent to seek an enhanced penalty. The first filing stated that a sentencing enhancement would be sought but …

U.S. v. Klotz, No. 91-1149 (7th Cir.) (943 F.2d 707) (September 9, 1991) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Klotz, No. 91-1149 (7th Cir.) (943 F.2d 707) (September 9, 1991) (Judge Frank H. Easterbrook) by Here the Court held that USSG § 5K1.2 (Refusal to Assist) applies only to departures from the otherwise applicable Guideline range; and thus does is irelevant to the imposition of sentences within …