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U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes) by In this case the First Circuit reversed a trial court decision to enhance a defendant's sentence for his role as a supervisor or organizer of one other participant. The Court noted that …

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by Court vacated an enhancement based on managerial role where district court made no findings and failed to find that there were five or more participants or that crime was otherwise extensive.

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez) by Citing the principle that "the whole" can be "greater than the sum of the parts", the court approves the imposition of a three level enhancement under § 3B1.1, even though the trial …

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris)

Article • December 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris) by United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) United States v. Lewis, 68 F.3d 987 (6th Cir. 1995) These two cases explore the meaning of the phrase "criminally responsible" within …

U.S. v. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes) by United States v. Moe, 65 F.3d 245 (2nd Cir. 1995) United States v. Williams, 65 F.3d 301 (2nd Cir. 1995) The juxtaposition of these two cases raises some disturbing questions …

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by One of the holdings in this case was that the requirements of § 3B1.1 are met if the defendant was a manager or supervisor and the criminal activity itself involved at least …