Search | Punch and Jurists

U.S. v. Couch, No. 01-1826 (3rd Cir.) (291 F.3d 251) (May 20, 2002) (Judge Yvette Kane)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Couch, No. 01-1826 (3rd Cir.) (291 F.3d 251) (May 20, 2002) (Judge Yvette Kane) by The defendant in this case robbed three different supermarkets in Pennsylvania, on three different occasions in December 1999, April 2000 and June 2000. He later entered a single guilty plea to six counts …

U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell)

Article • January 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell) by On an issue of first impression in the Third Circuit (but one which has divided the other Circuits) the court held that despite the “should” language Section 5G1.3(c) of the Sentencing Guidelines …

U.S. v. Danser, No. 99-4251 (7th Cir.) (270 F.3d 451) (October 25, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Danser, No. 99-4251 (7th Cir.) (270 F.3d 451) (October 25, 2001) (Judge Joel L. Flaum) by Here the court vacated as improper the imposition of three consecutive, three year terms of supervised release imposed on three different counts of conviction on the grounds that the law does nor …

U.S. v. Price, No. 99-7078 (10th Cir.) (265 F.3d 1097) (September 11, 2001) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Price, No. 99-7078 (10th Cir.) (265 F.3d 1097) (September 11, 2001) (Judge Michael R. Murphy) by As the debate over the impact of the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000) has grown, one issue that has generated a hailstorm of controversy is …

U.S. v. Vasquez-Zamora, No. 99-52282 (5th Cir.) (253 F.3d 211) (May 31, 2001) (Judge Eldon E. Fallon)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Vasquez-Zamora, No. 99-52282 (5th Cir.) (253 F.3d 211) (May 31, 2001) (Judge Eldon E. Fallon) by Here the Court held that where a district court could have imposed consecutive prison terms for each count of the indictment, its finding that concurrent terms for both counts was appropriate punishment …

U.S. v. Gonzalez, No. 00-40572 (5th Cir.) (250 F.3d 923) (May 3, 2001) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Gonzalez, No. 00-40572 (5th Cir.) (250 F.3d 923) (May 3, 2001) (Judge Carolyn Dineen King) by Here the Court affirmed the authority of the district court to impose three consecutive one year terms of imprisonment upon revocation of three separate concurrent terms of supervised release. After violating the …

U.S. v. Kentz, No. 00-50186 (9th Cir.) (251 F.3d 835) (June 1, 2001) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Kentz, No. 00-50186 (9th Cir.) (251 F.3d 835) (June 1, 2001) (Judge Pamela Ann Rymer) by Here the Court held that the imposition of a sentence pursuant to 18 USC § 3147 (which provides for an enhanced penalty if the crime was committed while the defendant was on …

U.S. v. Caldwell, No. 98-2871 (8th Cir.) (255 F.3d 532) (July 6, 2001) (Per Curiam)

Article • June 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Caldwell, No. 98-2871 (8th Cir.) (255 F.3d 532) (July 6, 2001) (Per Curiam) by Here, on remand from the Supreme Court, the Eighth Circuit affirmed the 160-month sentence that had been vacated since the defendant could have been sentenced to three consecutive sentences of 60 months each under …

U.S. v. Bradford, No. 99-3018 (8th Cir.) (246 F.3d 1107) (April 13, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Bradford, No. 99-3018 (8th Cir.) (246 F.3d 1107) (April 13, 2001) (Per Curiam) by This case is noted for its discussion of two Apprendi issues: a) whether Apprendi requires the jury to determine the facts needed to impose a mandatory minimum; and b) whether, on a remand, the …

U.S. v. White, No. 99-4578 (4th Cir.) (238 F.3d 537) (February 1, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. White, No. 99-4578 (4th Cir.) (238 F.3d 537) (February 1, 2001) (Judge William W. Jr. Wilkins) by In this drug case, involving a conspiracy count and a possession with intent to distribute count, the Court held that the use of consecutive sentences pursuant to USSG § 5G1.2(d) under …

U.S. v. Parolin, No. 00-1676 (7th Cir.) (239 F.3d 922) (February 12, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Parolin, No. 00-1676 (7th Cir.) (239 F.3d 922) (February 12, 2001) (Judge Joel L. Flaum) by

U.S. v. Sturgis, No. 00-2584 (8th Cir.) (238 F.3d 956) (February 6, 2001) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Sturgis, No. 00-2584 (8th Cir.) (238 F.3d 956) (February 6, 2001) (Judge Kermit Edward Bye) by One of the issues involved in this case was an Apprendi sentencing claim; and, although the Court was willing to concede that there was one Apprendi error (in fact there were two), …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Although much of this decision dealt with Apprendi issues, the Court did hold that the district court had erred in concluding that it did not have any authority to depart from the …

Romandine v. U.S., No. 99-1940 (7th Cir.) (206 F.3d 731) (March 14, 2000) (Judge Frank H. Easterbrook)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Romandine v. U.S., No. 99-1940 (7th Cir.) (206 F.3d 731) (March 14, 2000) (Judge Frank H. Easterbrook) by Here the Court added to a Circuit split in holding that a district court may not, under the provisions of 18 U.S.C. § 3584(a), require that its sentence be served consecutively to …

U.S. v. Mosley, No. No. 97-4901 (4th Cir.) (200 F.3d 218) (December 30, 1999) (Per Curiam)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Mosley, No. No. 97-4901 (4th Cir.) (200 F.3d 218) (December 30, 1999) (Per Curiam) by In this case the defendant argued that, under the current version of U.S.S.G § 5G1.3(c), the district court was required to add together the drug weights from his instant offense and the drug …

U.S. v. Gonzales, No. 95-1605 (U.S. Supreme Court) (520 U.S. 1; 117 S.Ct. 1032) (March 3, 1997) (Justice O'Connor)

Article • November 29, 1999

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Gonzales, No. 95-1605 (U.S. Supreme Court) (520 U.S. 1; 117 S.Ct. 1032) (March 3, 1997) (Justice O'Connor) by In this case the defendants were arrested in a drug-sting operation during which two of them pulled guns on undercover agents. They were convicted in a New Mexico State court …

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by In this case, the Court held that, notwithstanding the apparent mandatory nature of U.S.S.G. § 5G1.2, a sentencing court may depart from the "stacking" provision of that section to impose concurrent sentences where the …

U.S. v. Hernandez-Guevara, No. 97-50946 (5th Cir.) (162 F.3d 863) (December 11, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hernandez-Guevara, No. 97-50946 (5th Cir.) (162 F.3d 863) (December 11, 1998) (Judge Carolyn Dineen King) by In this case the district court ordered that the defendant's new three-year term of supervised release run consecutively to a prior three-year term of supervised release that had been imposed for an …

U.S. v. Quintero, No. 97-3861 (6th Cir.) (157 F.3d 1038) (October 9, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Quintero, No. 97-3861 (6th Cir.) (157 F.3d 1038) (October 9, 1998) (Judge Cornelia G. Kennedy) by The Court acknowledged that a number of Circuits have reached the opposite conclusion, holding that § 3584(a) permits a district court to impose a sentence to be served consecutively to a yet …

Cozine v. Crabtree, No. CV-97-1510-ST (D.Or.) (15 F.Supp.2d 997) (July 2, 1998) (Judge Magistrate)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Cozine v. Crabtree, No. CV-97-1510-ST (D.Or.) (15 F.Supp.2d 997) (July 2, 1998) (Judge Magistrate) by We don't usually report Magistrate's decisions because they are generally deemed to have little precedential value. As we noted a few weeks ago, one Circuit Court recently made the rueful observation that "[D]istrict court decisions …