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U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner) by Once again Judge Gertner has presented a noteworthy analysis of an important sentencing issue. In this Sentencing Memorandum she gave a detailed explanation of some of the principles and parameters behind sentencing …

U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw) by Here, in rejecting the defendant's argument that Apprendi v. New Jersey, 530 U.S. 466 (2000) requires a jury to determine the fact of a prior conviction as an essential element of an …

U.S. v. Campbell, No. 01-1485 (8th Cir.) (270 F.3d 702) (October 29, 2001) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Campbell, No. 01-1485 (8th Cir.) (270 F.3d 702) (October 29, 2001) (Judge Donald P. Lay) by Here the Court held that Apprendi did not require an indictment for being a felon in possession of a gun to allege the nature of the defendant's prior felony offenses or require …

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams) by Here the Court affirmed its prior rulings that Apprendi does not require that a defendant's prior felony drug convictions alleged in the Government's information be submitted to the jury or found beyond …

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin) by As explained by the Court, the Apprendi issue raised in this case was as follows: " Adams also challenges his sentence on the ground that his prior convictions were determined by …

U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin) by Recently we have seen a number of cases that have emphasized a distinction between “horizontal” and “vertical” departures under the Guidelines. Most of those cases have raised the issue in the context …

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio) by The defendant in this case was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and he was sentenced to 210 months imprisonment. In addition …

U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman) by Although this case also dealt with “horizontal departures,” more than anything else, it represents a disquieting example of the power struggle between the Justice Department and the judiciary over who has the …

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Fresnares-Torres, No. 99-30171 (9th Cir.) (235 F.3d 481) (December 15, 2000) (Judge Alfred T. Goodwin) by

U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno) by The defendant in this case, Allen Powell, pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). The statutory maximum …

U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Ahmad, No. 98-1467 (2nd Cir.) (202 F.3d 588) (January 26, 2000) (Judge John M. Jr. Walker) by Here the Second Circuit held that in computing a defendant's relevant conduct for the purposes of the gun enhancement in USSG § 2K2.1 it is not proper to include State firearms …

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin) by This case is a study of life in the Bronx and it is noted for its discussion of two separate downward departure sentencing issues. Judge Scheindlin granted downward departures …

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen) by Here the Court held that a prior sentence, committed when the defendant was 17 years old, was a "prior sentence" for purposes of the Guidelines, even though the court had suspended imposition …

U.S. v. Amster, No. 98-7625 (3rd Cir.) (193 F.3d 779) (October 7, 1999) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. Amster, No. 98-7625 (3rd Cir.) (193 F.3d 779) (October 7, 1999) (Judge Anthony J. Scirica) by Here the Court rejected the defendant'c claim that a prior nolo contendere plea should not be counted towards his criminal history category, citing the express language of Application Note 9 to USSG …

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by Here, in commenting on her power to determine whether a defendant's past criminal history adequately reflects the seriousness of the crimes, Judge Gertner commented: "[J]ust because the Guidelines seem to give a judge …

U.S. v. Pearce, No. 98-4416 (4th Cir.) (191 F.3d 488) (September 13, 1999) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Pearce, No. 98-4416 (4th Cir.) (191 F.3d 488) (September 13, 1999) (Judge Paul V. Niemeyer) by

U.S. v. Williams, No. 98 Cr. 442 (JSM) (S.D.N.Y.) (78 F.Supp.2d 189) (December 1, 1999) (Judge John S. Jr. Martin)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Williams, No. 98 Cr. 442 (JSM) (S.D.N.Y.) (78 F.Supp.2d 189) (December 1, 1999) (Judge John S. Jr. Martin) by In this case Judge Martin held that "street dealers" are not typically the type of repeat offenders that Congress intended to target in the career offender provisions of the …

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Martinez-Santos, No. 98-1650 (2nd Cir.) (184 F.3d 196) (July 15, 1999) (Judge Wilfred Feinberg) by The Second Circuit described this case as “a good example of the growing complexity of the Guidelines and the difficulties in interpreting them.” (Id., at 205). It also shows the Guidelines penchant for …

U.S. v. Lake, No. CRIM. 97-693 (D.N.J.) (53 F.Supp.2d 771) (June 23, 1999) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Lake, No. CRIM. 97-693 (D.N.J.) (53 F.Supp.2d 771) (June 23, 1999) (Judge Stephen M. Orlofsky) by