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U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Conley, No. 95-3556 (3rd Cir.) (92 F.3d 157) (August 1, 1996) (Judge Morton I. Greenberg) by Case held that a trial court's determination of the objects of a conspiracy for Guidelines purposes, after jury returned a general verdict which did not designate objects of conspiracy, did not violate …

U.S. v. Bush, No. 94-6381 (10th Cir.) (70 F.3d 557) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Bush, No. 94-6381 (10th Cir.) (70 F.3d 557) (November 15, 1995) (Judge Wade Brorby) by Case held that the procedures set forth in Application Note 5 to USSG § 1B1.2, which authorize the district court to determine the objects of a conspiracy in the case of a general …

U.S. v. Wright, No. 94-4375 (11th Cir.) (63 F.3d 1067) (September 12, 1995) (Judge Reynaldo G. Garza)

Article • October 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Wright, No. 94-4375 (11th Cir.) (63 F.3d 1067) (September 12, 1995) (Judge Reynaldo G. Garza) by Judge Friendly once referred to the crime of criminal conspiracy as "that elastic, sprawling and pervasive offense whose development exemplifies . . . the tendency of a principle to expand beyond the …

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken)

Article • October 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken) by In this en banc decision, the 8th Circuit joins a majority of courts that have upheld the right of the Sentencing Commission to include "conspiracies" to posses drugs for purposes of the …

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken)

Article • October 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Mendoza-Figueroa, No. 93-2867 (8th Cir.) (65 F.3d 691) (September 7, 1995) (Judge James B. Loken) by In this en banc decision, the 8th Circuit joins a majority of courts that have upheld the right of the Sentencing Commission to include "conspiracies" to posses drugs for purposes of the …

U.S. v. Nutter, No. 94-1160 (2nd Cir.) (61 F.3d 10) (August 1, 1995) (Per Curiam)

Article • September 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Nutter, No. 94-1160 (2nd Cir.) (61 F.3d 10) (August 1, 1995) (Per Curiam) by This is a highly technical decision involving appeals of a sentence under 18 U.S.C. § 3742. That statute permits appeals of a sentence which involve, inter alia, violations of the law or misapplications of …

U.S. v. Childress, No. 90-3222 (D.C. Cir.) (58 F.3d 693) (July 7, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Childress, No. 90-3222 (D.C. Cir.) (58 F.3d 693) (July 7, 1995) (Per Curiam) by While this drug case covered many issues, it is cited for its lengthy discussion [at headnotes 37 ff.] of the correct method of determining the proper amount of drugs reasonably foreseeable to each defendant …

U.S. v. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler)

Article • June 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler) by This addresses the question of whether the Sentencing Commission exceeded its statutory authority by holding that drug conspiracies are included within the general provisions of § 4B1.1. Here, the Sixth Circuit …

U.S. v. Lewis, No. 93-5910 (4th Cir.) (53 F.3d 29) (April 17, 1995) (Judge Clyde H. Hamilton)

Article • June 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Lewis, No. 93-5910 (4th Cir.) (53 F.3d 29) (April 17, 1995) (Judge Clyde H. Hamilton) by Case held that the district court's failure to give defendant's proposed instruction requiring it to acquit him of conspiracy if it found that he did not have illegal agreement with anyone other …