Search | Punch and Jurists

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith) by It is now more than nine years since the Supreme Court’s landmark sentencing decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) - a decision that dramatically altered forever sentencing practices …

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt) by Here a divided panel held that, when considering a Government motion to reduce a defendant’s sentence pursuant to Fed.R.Crim.P. 35(b), the district court may consider factors beyond just the defendant’s substantial assistance. …

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (567 F.3d 1050) (June 1, 2009) (Judge Jr. William C. Canby)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (567 F.3d 1050) (June 1, 2009) (Judge Jr. William C. Canby) by We believe that this is the first published decision by a Circuit Court of Appeals in which a within-Guidelines sentence has been held to be substantively unreasonable; and, while the panel’s …

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett) by When Congress enacted the Anti-Drug Abuse Act of 1986, it established what has come to be known as a 100-to-1 quantity ratio between the two forms of cocaine. Largely in response to …

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith) by The issue before the en banc Third Circuit in this case was whether a sentence of probation and house arrest imposed on a wealthy confessed tax cheat was reasonable under the standards …

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith) by The technical issue before the Court in this case was: what is the proper standard of appellate review of sentences in the somewhat rare circumstances where the appellant (in this case …

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Post Gall/Kimbrough

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam) by In the aftermath of the Supreme Court’s landmark decision in U.S. v. Booker, 543 U.S. 220 (2005) (which held that the Federal Sentencing Guidelines were advisory only), few Circuits have …

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam)

Article • December 1, 2008 • from P&J January, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam) by Lawrence Nelson was convicted of one count of conspiracy to distribute and to possess with intent to distribute more than 50 grams of cocaine base. The District Court calculated Nelson's …

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard) by Here, after two prior reversals and two prior remands from the Supreme Court, the First Circuit finally grudgingly approved a 30-month sentence in a Medicare fraud case due to the post-Gall command …

U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley) by After the United States Supreme Court vacated the Court's prior ruling. reported at 469 F.3d 1166 (8th Cir. Dec. 5, 2006), and remanded the case for reconsideration of defendant's sentence in light …

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson) by On remand from the Supreme Court at 128 S.Ct. 1060 in light of Kimbrough v. U.S., the Eighth Circuit reversed its previous ruling reported at 439 F.3d 826 (8th Cir. Mar. 3, …

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby) by U.S. v. Poland, 533 F.Supp.2d 199 (D.Me. Feb. 4, 2008) (Judge Hornby) U.S. v. Park, 533 F.Supp.2d 474 (S.D.N.Y. Feb. 11, 2008) (Judge Chin) On December 1, 2007, Rule 35(b)(1) of the Fed.R.Crim.P. …

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin) by Here Judge Chin of the S.D.N.Y. ruled that amended Rule 35(b)(1) of the Fed.R.Crim.P. now permits a sentencing court to enlarge a sentence reduction based on factors unrelated to the …

U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton) by Here the Court upheld a substantial downward departure in a child pornography case, after concluding that the sentence was both reasonable (under the new appellate review standards) and properly premised on the …

U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman) by The defendant in this case pled guilty to possession of a gun by a felon, and certain related crimes. His Guideline sentencing range was 15 to 21 months. However, after carefully reviewing …

U.S. v. Collington, No. 05-4054 (6th Cir.) (461 F.3d 805) (August 31, 2006) (Judge Boyce F. Jr. Martin)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Collington, No. 05-4054 (6th Cir.) (461 F.3d 805) (August 31, 2006) (Judge Boyce F. Jr. Martin) by In his dissent in this case, Judge Gilman bitterly complained that this decision “marks the first time in a published opinion that [the Sixth Circuit] has sustained as reasonable a district …

U.S. v. McDonald, No. 05-1617 (8th Cir.) (461 F.3d 948) (September 5, 2006) (Judge Raymond W. Gruender)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. McDonald, No. 05-1617 (8th Cir.) (461 F.3d 948) (September 5, 2006) (Judge Raymond W. Gruender) by This decision is far more than just another routine appellate decision following the now well-established pattern of rejecting - almost automatically - sentences that fall below the sentencing range recommended by the …

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton) by The defendant in this case was indicted in 1999 and convicted in 2002 of two counts of bank fraud arising out of a false financial statement that he had submitted to a …

U.S. v. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …

U.S. v. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …