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U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum) by U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge Flaum) U.S. v. Vaughn, 430 F.3d 518 (2nd Cir. Dec. 1, 2005) (Judge Sotomayor) In Apprendi v. New Jersey, 530 …

U.S. v. Pimental, No. 99-10310 (D.Mass.) (367 F.Supp.2d 143) (April 21, 2005) (Judge Nancy Gertner)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Pimental, No. 99-10310 (D.Mass.) (367 F.Supp.2d 143) (April 21, 2005) (Judge Nancy Gertner) by Judge Gertner explored at length "the continued vitality of the Supreme Court's decision in U.S. v. Watts, 519 U.S. 148 (1997), which upheld an increased sentence for the defendant based on acquitted conduct", in …

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam)

Article • July 22, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam) by In this landmark case, the Court held that a sentencing court may consider conduct underlying counts for which the defendant has been acquitted as a means of enhancing his sentence …

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam)

Article • July 22, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam) by Some comments on the Supreme Court's landmark decision which held that a jury's verdict of acquittal on certain counts is not a bar to consideration of the conduct underlying such …

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor)

Article • April 27, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor) by This is an important relevant conduct case which held that where Congress has authorized a partucular punishment range for a given crime, any punishment within that range constitutes punishment only …

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed) by Here the Court affirmed an enhancement for murder under U.S.S.G. § 2D1.1(d)(1) on the grounds that the murder was both foreseeable and in furtherance of the underlying drug conspiracy, even though the …

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block) by Under the Federal Sentencing Guidelines, a defendant’s sentence may be increased based on “relevant conduct” as determined by the sentencing judge - even if the relevant conduct arises out of crimes or acts for …

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White) by In this case the Court held that evidence of an alleged offense that the defendant had been acquitted of committing could nonetheless be admitted under Rule 404(b) in a subsequent …

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit reaffirmed its view that a sentencing court may not use uncharged conduct as a basis for an upward departure since by accepting the plea agreement the …

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael) by The Court stated: "The court also takes into consideration the inherent contradiction in the government's argument that the preponderance of the evidence will support holding this defendant accountable at sentencing …

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green) by Case is noted for Judge Green's strong condemnation of the Guideline's "bait and switch" approach to sentencing and its "mandatory" use of aquitted conduct in calculating the proper sentence range. In …

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin) by After the defendant was acquitted of drug conspiracy, he was charged with tax fraud and court held that it was not error to refuse to advise jury that he had been acquitted …

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins) by The defendants in this case were tried and acquited in a state court on a murder charge. Thereafter they were prosecuted on various Federal drug and firearms charges. They were convicted …

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel) by Case held that uncharged amounts of drugs in a drug conspiracy mat be attributed to a defendant as relevant conduct even if he never actually possessed or distributed the drugs.

U.S. v. Dawn, No. 96-3585 (7th Cir.) (129 F.3d 878) (November 4, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Dawn, No. 96-3585 (7th Cir.) (129 F.3d 878) (November 4, 1997) (Judge Ilana Diamond Rovner) by Court held that a sentencing court may properly look to uncharged crimes in fixing the appropriate sentence for a criminal defendant, regardless of whether the defendant was ever charged with or convicted …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by This week, our Hard-Nosed Judge of the Week Award goes to Judge George W. Lindberg of the Northern District of Illinois. In sentencing the two defendants in this case for conspiring to …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by Case held that use of relevant conduct for uncharged crimes is not permitted unless they are similar in nature and temporally proximate.

U.S. v. Cross, No. 96-5218 (6th Cir.) (121 F.3d 234) (July 29, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Cross, No. 96-5218 (6th Cir.) (121 F.3d 234) (July 29, 1997) (Judge Karen Nelson Moore) by This decision brings into focus some interesting questions regarding whether a sentencing court may impose an upward departure at sentencing based on conduct that was part of a count dismissed pursuant to …

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple) by Case held that a jury is not required to be told that the defendant has been acquitted of prior criminal acts where evidence of such prior charges has been introduced to the …