Search | Punch and Jurists

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Gottlieb, No. 96-3278 (10th Cir.) (140 F.3d 865) (April 3, 1998) (Judge Michael R. Murphy) by This case deals with another of the many Federal gun prohibitions, namely the use of a gun during a crime of violence, and particularly what is required for the application of the …

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by The issue in this case was whether the Attorney General's Memorandum, dated April 28, 1995, in which she encouraged prosecutors to recommend sentence reductions for aliens in return for plea agreements …

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Wicks, No. 96-2465 (7th Cir.) (132 F.3d 383) (December 22, 1997) (Judge Diane P. Wood) by The Court rejected the defendant's burden of proof argument by noting that "The Three Strikes law operates as a sentence enhancement device, in a manner very much like the persistent felony offender …

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Lyon v. Krol, No. 96-3752 (8th Cir.) (127 F.3d 763) (October 17, 1997) (Judge Diana E. Murphy) by Case reversed lower court holding that three strikes provision of the Prison Litigation Reform Act unconstitutionally violated prisoners' equal protection rights.

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery) by Guideline departures warranted when money laundering is charged in cases not involving drugs and organized crime enterprises. This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely …

U.S. v. Robinson, No. 96-3647 (8th Cir.) (119 F.3d 663) (July 10, 1997) (Judge John F. Nangle)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Robinson, No. 96-3647 (8th Cir.) (119 F.3d 663) (July 10, 1997) (Judge John F. Nangle) by Citing its earlier decision in U.S. v. Fountain, 83 F.3d 946 (8th Cir. 1996), the Court affirmed that Guideline Amendment 506 is invalid because it conflicts with the plain language of 28 …

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by In its ruling, the Court relied on on its prior holding in U.S. v. Hernandez, 79 F.3d 584 (7th Cir. 1996) and the Supreme Court's ruling in U.S. v. LaBonte. Case held …

U.S. v. Anderson, No. 96 CR 251 (N.D.Ill.) (955 F.Supp. 935) (January 30, 1997) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Anderson, No. 96 CR 251 (N.D.Ill.) (955 F.Supp. 935) (January 30, 1997) (Judge Ann Claire Williams) by Under U.S.S.G. § 4A1.3, the court may depart downward from the normal Guideline sentence if it concludes "that a defendant's criminal history category significantly over-represents the seriousness of a defendant's criminal …

U.S. v. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Washington, No. 96-3092 (7th Cir.) (109 F.3d 335) (March 17, 1997) (Judge Frank H. Easterbrook) by In what is probably the first case to address the meaning of "threats" within the meaning of the Three Strikes Statute, the court held that term encompasses a communicated expression that the …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Departures based on consent to deportation.

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich) by United States v. Branham, 97 F.3d 835 (6th Cir. 1996) United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § 4B1.1 …

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica) by United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) United States v. Branham, 97 F.3d 835 (6th Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § …

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Downward Departures

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that district court erred in concluding that it lacked the authority to make a downward departure, despite language in Guidelines prescribes Category IV as a "minimum" starting point for the …

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam) by In this case the Eighth Circuit joins a growing number of courts that have held that the Sentencing Commission exceeded its statutory authority by defining, in Guideline Amendment No. 506, "offense statutory …

U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner) by This case involves one of those emerging technical Guidelines' issues that incites people to scream "Ay Caramba"! Here, the Seventh Circuit joins a growing number of courts that have recently held that …

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel) by Here's another example of the courts jumping on the bandwagon and determining that Guideline Amendment 506 as enacted is invalid. The defendant pled guilty to making a false statement to the Postal …

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth) by Case refused to grant a sentencing reduction on the basis of Guideline Amendment 506 on the grounds that the amendment was invalid and exceeded Congress's authority. This decision comes on a remand …

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner) by In this case an inmate filed a pro se motion under 18 U.S.C. § 3582(c)(2) seeking a reduction of his sentence based on the provisions of Amendment No. 506. The Court concluded that the …

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith) by The defendant in this case was sentenced to 100 months imprisonment as a career offender under the enhancement provisions of 21 U.S.C. § 841(b)(1)(D). Six months after he was sentenced, the Sentencing Commission adopted …

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya) by This decision, later reversed by the Supreme Court, upheld the validity of Guideline Amendment 506. The pedagogic Judge Selya starts this opinion by observing that the Federal Sentencing Guidelines have loosed "a …