Search | Punch and Jurists

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris) by Case held that a defendant's refusal to testify at criminal proceedings involving co-conspirators precluded him from receiving the benefit of a "safety valve" sentence reduction. The question presented in this case was …

U.S. v. Sabir, No. 96-5626 (3rd Cir.) (117 F.3d 750) (June 30, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sabir, No. 96-5626 (3rd Cir.) (117 F.3d 750) (June 30, 1997) (Judge Morton I. Greenberg) by Stung by harsh criticism that the mandatory minimum drug statutes tended to treat low-level drug mules and high-level drug lords too much alike, in 1994 Congress enacted the so-called "safety-valve" provisions contained …

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan) by While this decision examined a number of interesting Guidelines issues, it is noted because the court addressed the controversial issue of the type of "cooperation" that is required of a defendant to qualify …

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (110 F.3d 656) (March 5, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (110 F.3d 656) (March 5, 1997) (Judge Thomas G. Nelson) by This is a reprise of another case we reported last November; and it is one of those ugly cases that tells much about the lunacy of some of our sentencing practices - …

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith) by In this case the Fifth Circuit gave its seal of approval to a prosecutorial ploy of burying defense counsel with a 500,000 page cache of documents and held that prosecutors have no …

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker) by Although the court approved broad disclosure of information, including the realted acts of others, to qualify for a safety valve sentence reduction, it also emphasized that such information must relate to the …

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy) by This is another case dealing with the so-called "safety valve" provision contained in 18 U.S.C. § 3553(f)(1)-(5) and its Guideline counterpart contained in U.S.S.G. § 5C1.2. Although the defendant was originally charged …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by Here the Court rejected a claim involving a discovery violation under Rule 16(a)(1)(A) of the Fed.R.Crim.P. on the rigid grounds that the Rule's requirements does not include documents in the possession of …

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson) by Testing the limits of fairness, the Government appealed from the district court's decision to grant a relatively small downward departure under the safety valve laws to an unsophisticated Nepalese trackker, demanding a …

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Here the Court rejected the Government's assertion that the defendant had not told all to be eleigible for a safety valve reduction - stating the Government "cannot assure success simply by saying "we …

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr) by In this case, the district court found that the defendant was untruthful in her attempt to minimize her role in a drug conspiracy. The district court noted the length of time the …

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss) by This case is noted because of its reminder that "silence is golden" and because of its analysis of the development of the current Guideline provision dealing with acceptance of responsibility, namely …

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson) by In a case of first impression, the Ninth Circuit explores one of the parameters of the "safety-valve" provisions of 18 U.S.C. § 3553(f)(5) and U.S.S.G. § 5C1.2(5) in the context of a …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Case held that disclosure to a probation officer did not satisfy the requirements of the safety valve disclosure obligations because the Probation Officer is not part of "the Government" for purposes of …

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin) by Here the Court affirmed that "full disclosure" is the price that Congress has attached to relief under the safety valve statute, and that the burden falls on the defendant to prove his entitlement …

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher) by This case is noted because of the Court's strong statement that a defendant's eligibility for an acceptance-of-responsibility reduction does not turn on cooperation in the apprehension or prosecution of co-defendants. Citing U.S. …

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg) by Here the Court held that to qualify for a safety valve sentence reduction, the defendant must truthfully disclose all information about his crime "including the identities and participation of others" (Id., at …

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively) by In affirming the denial of a safety valve sentence reduction the court noted that the burden of proof is greater than for acceptance of responsibilty because it requires the defendant to disclose all …

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case received a two point acceptance of responsibility reduction in his sentence under U.S.S.G. § 3E1.1(a); but was denied the "safety-valve" reduction on the grounds that he had …

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson) by Case held that defendant must "tell all" to qualify for safety valve sentence reduction. This is a controversial decision that deals with the so-called "safety-valve" provision contained in 18 U.S.C. § 3553(f) …