Search | Punch and Jurists

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court granted a downward departure from a Guideline sentencing range of 18-24 months to a term of five years probabtion to a defendant who found a loaded gun in a playground …

U.S. v. Martinez, No. 99-1285 (2nd Cir.) (207 F.3d 133) (March 21, 2000) (Judge Robert A. Katzmann)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Martinez, No. 99-1285 (2nd Cir.) (207 F.3d 133) (March 21, 2000) (Judge Robert A. Katzmann) by In this case the Court revisited its broad holding in Zecevic v. U.S. Parole Commission, 163 F.3d 731 (2nd Cir. 1998), P&J, 1/18/99, where it adopted the minority view among the Circuits …

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer) by This case is an example of the stark reality that different standards often apply when courts are called upon to sentence those who work for “the Government” and those who don’t. In …

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner) by In this case Judge Gertner granted a significant downward departure based on aberrant conduct to a defendant who suffered from a gambling compulsion and fell prey to the wiles of a loanshark who offered …

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel) by Here the Court held that the fact that the defendant's conduct in his cocaine transaction was allegedly carefully planned did not preclude a downward departure based on aberrant behavior. Citing its decision …

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson)

Article • July 1, 1999 • from P&J September, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson) by The defendant in this case pled guilty to assault with intent to murder her estranged husband, in violation of 18 U.S.C. § 113(a)(1), and to use of a firearm in relation to a …

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer) by Here, relying on its prior precedent in U.S. v. Marcello, 13 F.3d 752 (3rd Cir. 1994), the Court refused to hold that the district court had erred in refusing to grant a …

Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Aberrant Behavior

Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler) by Like politics, the law sometimes makes strange bedfellows. In this case the Second Circuit joined the distinct minority of the First, Ninth and Tenth Circuits in holding that the Guidelines' …

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby) by Here the Court affirmed its prior rulings that a departure analysis based on aberrant conduct focuses "not on the number of discrete acts undertaken by the defendant, but on 'the aberational character of …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by Court granted a downward departure based on aberrant conduct after looking at a "convergance of factors" including the lack of any prior criminal history, the single criminal act and the pressure …

U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Bradstreet, No. 97-1164 (1st Cir.) (135 F.3d 46) (January 29, 1998) (Judge Norman H. Stahl) by Here, although the Court ultimately reversed a downward departure granted for aberrant conduct, it acknolwedged that "aberrant behavior departures are available to first offenders whose course of criminal conduct involves more than …

U.S. v. Colace, No. 96-50436 (9th Cir.) (126 F.3d 1229) (October 10, 1997) (Judge Alex Kozinski)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Colace, No. 96-50436 (9th Cir.) (126 F.3d 1229) (October 10, 1997) (Judge Alex Kozinski) by United States v. Colace, 126 F.3d 1229 (9th Cir. 1997) United States v. Bush, 126 F.3d 1298 (11th Cir. 1997) United States v. Onofre-Segarra, 126 F.3d 1308 (11th Cir. 1997) These three cases …

U.S. v. Onofre-Segarra, No. 95-4073 (11th Cir.) (126 F.3d 1308) (October 24, 1997) (Judge Gerald B. Tjoflat)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Onofre-Segarra, No. 95-4073 (11th Cir.) (126 F.3d 1308) (October 24, 1997) (Judge Gerald B. Tjoflat) by Here the Court rejected a departure based on "aberrant conduct", holding that departures based on such a ground are permissble only when the defendant has committed a "single, spontaneous, thoughtless act". United …

U.S. v. Bush, No. 95-4993 (11th Cir.) (126 F.3d 1298) (October 23, 1997) (Per Curiam)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Bush, No. 95-4993 (11th Cir.) (126 F.3d 1298) (October 23, 1997) (Per Curiam) by Case rejected sentencing departure based on aberrant behavior because crime was not single, spontaneous thoughtless act. United States v. Colace, 126 F.3d 1229 (9th Cir. 1997) United States v. Bush, 126 F.3d 1298 (11th …

U.S. v. Pierson, No. 95-30185 (9th Cir.) (121 F.3d 560) (August 21, 1997) (Judge David R. Thompson)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Pierson, No. 95-30185 (9th Cir.) (121 F.3d 560) (August 21, 1997) (Judge David R. Thompson) by In this case, the Court confirmed that in the Ninth Circuit a sentence reduction based on aberrant behavior does not require that the behavior be a single spontaneous or thoughtless act involving …

U.S. v. Delvalle, No. 95 CR 1120 (JBW) (E.D.N.Y.) (967 F.Supp. 781) (July 11, 1997) (Judge Jack B. Weinstein)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Delvalle, No. 95 CR 1120 (JBW) (E.D.N.Y.) (967 F.Supp. 781) (July 11, 1997) (Judge Jack B. Weinstein) by Despite the fact that the Guidelines only mention "single acts of aberrant behavior"in an introductory comment that pertains only to probation and split sentences (see, U.S.S.G. Ch. 1, Pt. A, …

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Winters, No. 95-60093 (5th Cir.) (105 F.3d 200) (January 23, 1997) (Judge W. Royal Furgeson) by United States v. Winters, 105 F.3d 200 (5th Cir. 1997) (Judge Furgeson) United States v. Kalb, 105 F.3d 426 (8th Cir. 1997) (Judge Loken) When, if ever, is a sentence reduction warranted …

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Green, No. 96-50127 (9th Cir.) (105 F.3d 1321) (January 30, 1997) (Judge Michael Daly Hawkins) by Case held that the Government was prejudiced by not receiving advance notice of downward departure on grounds not identified in presentence report, and that a sentence of probation based on aberrant conduct …

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by In this case the majority held that "aberrant conduct" is an "unmentioned" factor within the framework outlined by Koon v. U.S., and, as such, it requires a greater degree of proof to …

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 …