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U.S. v. Pho, No. 05-2455 (1st Cir.) (433 F.3d 53) (January 5, 2006) (Judge Bruce M. Selya)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Pho, No. 05-2455 (1st Cir.) (433 F.3d 53) (January 5, 2006) (Judge Bruce M. Selya) by In this case, the First Circuit articulated a significant limit on the acceptable justifications for a non-Guidelines sentence. Here, the district court had sought to reduce the infamous 100:1 ratio between a …

U.S. v. Perry, No. C.R. No. 04-098S (D.R.I.) (389 F.Supp.2d 278) (September 16, 2005) (Judge William E. Smith)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Perry, No. C.R. No. 04-098S (D.R.I.) (389 F.Supp.2d 278) (September 16, 2005) (Judge William E. Smith) by This is another of a growing series of post-Booker rulings that takes issue with the huge sentencing disparity mandated by the Guidelines for cases involving crack cocaine compared to cases involving …

U.S. v. Gipson, No. 05-1407 (7th Cir.) (425 F.3d 335) (August 10, 2005) (Per Curiam)

Article • October 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Gipson, No. 05-1407 (7th Cir.) (425 F.3d 335) (August 10, 2005) (Per Curiam) by District court did not act unreasonably, in sentencing defendant convicted of possession of crack cocaine, by choosing not to depart downward from the Guideline range based on the differential in punishment for crack cocaine …

U.S. v. Saenz, No. 04-2673 (8th Cir.) (428 F.3d 1159) (November 17, 2005) (Judge Steven M. Colloton)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Saenz, No. 04-2673 (8th Cir.) (428 F.3d 1159) (November 17, 2005) (Judge Steven M. Colloton) by Here the Court reversed a sentence imposed below the applicable guideline range because the "extent of reduction granted" as a result of the defendant's substantial assistance "was unreasonably large". In this case, …

U.S. v. Fisher, No. S3 03 CR 1501 (SAS) (S.D.N.Y.) (451 F.Supp.2d 553) (October 11, 2005) (Judge Shira A. Scheindlin)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Fisher, No. S3 03 CR 1501 (SAS) (S.D.N.Y.) (451 F.Supp.2d 553) (October 11, 2005) (Judge Shira A. Scheindlin) by Judge Scheindlin started this decision by stating: "In the 11 years that I have served as a district court judge, I have been troubled by the exceedingly harsh sentences …

U.S. v. Person, No. 03-CR-30029 (D.Mass.) (377 F.Supp.2d 308) (April 27, 2005) (Judge Michael A. Ponsor)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Person, No. 03-CR-30029 (D.Mass.) (377 F.Supp.2d 308) (April 27, 2005) (Judge Michael A. Ponsor) by The government argued that, while the absence of a conviction involving the crack form of cocaine base might have been significant under the Sentencing Guidelines, that deficiency should not have affected application of …

Simon v. U.S., No. CR-90-216 (CPS) (E.D.N.Y.) (361 F.Supp.2d 35) (March 17, 2005) (Judge Charles P. Sifton)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

Simon v. U.S., No. CR-90-216 (CPS) (E.D.N.Y.) (361 F.Supp.2d 35) (March 17, 2005) (Judge Charles P. Sifton) by Defendant was sentenced to 322 months in prison after he was convicted of conspiring to distribute more than 50 grams of cocaine base in violation of 21 U.S.C.S. § 846. Subsequent to …

U.S. v. Tabor, No. 4:01CR3125 (D.Neb.) (365 F.Supp.2d 1052) (April 18, 2005) (Judge Richard G. Kopf)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Tabor, No. 4:01CR3125 (D.Neb.) (365 F.Supp.2d 1052) (April 18, 2005) (Judge Richard G. Kopf) by Prior to this ruling, at least two judges had concluded that Booker opens up the possibility of reevaluating the onerous prison sentences mandated by the Guidelines for crack cocaine offenses compared with powder …

U.S. v. Williams, No. 6:04-cr-111-Orl-31JGG (M.D.Fla.) (372 F.Supp.2d 1335) (May 5, 2005) (Judge Gregory A. Presnell)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Williams, No. 6:04-cr-111-Orl-31JGG (M.D.Fla.) (372 F.Supp.2d 1335) (May 5, 2005) (Judge Gregory A. Presnell) by Defendant was convicted of three counts of selling crack cocaine. Based on defendant's criminal history, the nature of the offense, and applicable enhancements, the government sought a sentence of 360 months to life. …

U.S. v. Thomas, No. 03-CR-30033-MAP (D.Mass.) (360 F.Supp.2d 238) (March 14, 2005) (Judge Michael A. Ponsor)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Thomas, No. 03-CR-30033-MAP (D.Mass.) (360 F.Supp.2d 238) (March 14, 2005) (Judge Michael A. Ponsor) by Defendant was convicted after a jury trial of two counts of possession with intent to distribute, and distribution of, cocaine base. The court sentenced defendant to 262 months in custody and six years …

U.S. v. Harris, No. Crim No. 04-0157 (JR) (D.D.C.) (2005 U.S. Dist. LEXIS 3958) (March 7, 2005) (Judge James Robertson)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Harris, No. Crim No. 04-0157 (JR) (D.D.C.) (2005 U.S. Dist. LEXIS 3958) (March 7, 2005) (Judge James Robertson) by

U.S. v. Smith, No. 02-CR-163 (E.D.Wisc.) (359 F.Supp.2d 771) (March 3, 2005) (Judge Lynn S. Adelman)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smith, No. 02-CR-163 (E.D.Wisc.) (359 F.Supp.2d 771) (March 3, 2005) (Judge Lynn S. Adelman) by Defendant pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base, which was discovered during an investigation of a fire at his home. Two loaded handguns were also …

U.S. v. Edwards, No. 03-4234 (7th Cir.) (397 F.3d 570) (February 11, 2005) (Judge Diane S. Sykes)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Edwards, No. 03-4234 (7th Cir.) (397 F.3d 570) (February 11, 2005) (Judge Diane S. Sykes) by

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman) by Defendant was charged with distribution of cocaine base, and he pled guilty to the charge. The trial court convicted defendant of the offense, and a presentence report was prepared. The report placed defendant's …

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph) by Defendant appealed from a judgment of the United States District Court for the District of Columbia, that convicted him of distributing five or more grams of "cocaine base," in violation of 21 …

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker) by Here the Court confirmed the generally accepted rule that, for sentencing, it is not necessary for the Government to show that the substance i question contained sodium bicarbonate in order to demonstrate …

U.S. v. Stafford, No. 99-5706 (6th Cir.) (258 F.3d 465) (July 17, 2001) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Stafford, No. 99-5706 (6th Cir.) (258 F.3d 465) (July 17, 2001) (Judge Gerald E. Rosen) by Although Judge Clay agreed that the district court's enhancement of the defendant's sentence for crack-cocaine under 21 U.S.C. § 841(b)(1) should be affirmed, he also forcefully argued that "Apprendi requirements apply to …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne) by In its previous decision, reported at 129 F.3d 906, this case was remanded back to the district court for a determination whether the Government had proved the drug was crack for sentencing …

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner) by "It has been argued that the Ninth Amendment authorizes federal courts to recognize, as federal constitutional rights, rights not enumerated in the Bill of Rights or elsewhere in the constitutional text. . …