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U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Bailey, No. 95-5727 (4th Cir.) (112 F.3d 758) (May 2, 1997) (Judge H. Emory Jr. Widener) by In a domestic violence case, the Court rejected defendant's claims that upward departures based on USSG §§ 5K2.2, 5K2.4, 5K2.5 and 5K2.8 were improper.

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Otis, No. 96-2393 (7th Cir.) (107 F.3d 487) (February 18, 1997) (Judge Jesse E. Eschbach) by Here the Court rejected the lower court's decision to depart upwards because the sentence was comparatively light based on a number of factors including its conclusion that the sentence undervalued the seriousness …

U.S. v. Bissell, No. Crim. A. No. 95-539 (AJL) (D.N.J.) (954 F.Supp. 841) (December 13, 1996) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Bissell, No. Crim. A. No. 95-539 (AJL) (D.N.J.) (954 F.Supp. 841) (December 13, 1996) (Judge Alfred J. Jr. Lechner) by United States v. Perkins, 108 F.3d 512 (4th Cir. 1997) (Judge Russell) United States v. Griffiths, 954 F.Supp. 738 (D.Vt. 1997) (Judge Sessions) United States v. Bissell, 954 …

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Baron, No. 95-10118-NG (D.Mass.) (914 F.Supp. 660) (October 2, 1995) (Judge Nancy Gertner) by This is one of those crazy cases that shows the bountiful compassion of the Bureau of Prisons. A 76 year old defendant was convicted of bank fraud. His counsel moved for a downward departure …

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis)

Article • December 1, 1995

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Achikwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Case approved an upward departure on grounds that complexity of scheme and more than minimal planning took case outside of heartland of Guidelines.

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel)

Article • July 1, 1995

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel) by After the district court granted a substantial downward departure at sentencing, the Government appealed and the departure was reversed. On remand, the district court again gave a substantial departure, this time on …

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker)

Article • January 1, 1994

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Shadduck, No. 94-10017 (D.Mass.) (889 F.Supp. 8) (April 7, 1995) (Judge Morris E. Lasker) by Without citing any specific Guideline provision, the Court granted a downward departure to a mother who had "health problems" and "teenage children.". Here's a case in which a wife, charged with bankruptcy fraud, …