Search | Punch and Jurists

U.S. v. Luna-Herrera, No. 97-50489 (9th Cir.) (149 F.3d 1054) (July 28, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Luna-Herrera, No. 97-50489 (9th Cir.) (149 F.3d 1054) (July 28, 1998) (Judge Betty Binns Fletcher) by Here the defendant contended at sentencing that the district court erred by impermissibly double counting a prior aggravated felony when, in addition to using the felony as the basis for a sixteen …

U.S. v. Flennory, No. 96-5468 (11th Cir.) (145 F.3d 1264) (July 8, 1998) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Flennory, No. 96-5468 (11th Cir.) (145 F.3d 1264) (July 8, 1998) (Judge Arthur L. Alarcon) by Here the Court essentially reasoned that the double counting was permissible because it was not expressly prohibited. Court held that a 12 point enhancement of sentence on a felon in possession charge …

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford) by "Arias argues that enhancing his sentence four levels under U.S.S.G. § 2K2.1(b)(5) is expressly barred by the Sentencing Guidelines. Specifically, Arias cites U.S.S.G. § 2K2.4, which provides that the term of imprisonment …

U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Parker, No. 97-30199 (9th Cir.) (136 F.3d 653) (February 17, 1998) (Per Curiam) by Case held that double counting is permissible if it accounts for more than one type of harm caused by the defendant's conduct or where each enhancement serves a unique purpose under the Guidelines (Id., …

U.S. v. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Gibson, No. 97-1018, No. 193 (2nd Cir.) (135 F.3d 257) (January 21, 1998) (Per Curiam) by Here the court vacated a sentence because the district court had determined that the Career Offender Guidline punished the defender twice by enhancing both his offense level and his criminal history category …

U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Hayes, No. 96-6018 (6th Cir.) (135 F.3d 435) (February 4, 1998) (Judge Cornelia G. Kennedy) by In this drug case the district court added sentence enhancements both for reckless endangerment during flight (U.S.S.G. § 3C1.2) and for knowingly assaulting a police officer (U.S.S.G. § 3A1.2(b) - arising out …

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby) by Here the court addressed the overlapping scope of, and the difference bwteen, the vulnerable victims enhancement set forth in U.S.S.G. § 2F1.1(b)(2)(B) and the language in the Senior Citizens Against Marketing Scams Act …

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court held no error in applying sentencing enhancements both for managerial role under U.S.S.G. § 3B1.1(c) and for more than minimal planning under § 2F1.1(b)(2)(A).

U.S. v. Torres-Echevarria, No. 97-1116 (2nd Cir.) (129 F.3d 692) (November 3, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Torres-Echevarria, No. 97-1116 (2nd Cir.) (129 F.3d 692) (November 3, 1997) (Judge Dennis G. Jacobs) by Court rejected claim that aggravated felony conviction under § 2L1.2 was double counting to criminal hostory points added under § 4A1.2.

U.S. v. Calozza, No. 95-30393 (9th Cir.) (125 F.3d 687) (August 25, 1997) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Calozza, No. 95-30393 (9th Cir.) (125 F.3d 687) (August 25, 1997) (Judge Andrew J. Kleinfeld) by Judge Brewster's dissent argues that there was impermissible double counting through the use of both the vulnerable victim and abuse of trust adjustments.

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by This is a significant decision about upward departures, which holds that encouraged departures may not be used to increase a sentence if the conduct is already taken into account by the …

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Furkin, No. 95-3911 (7th Cir.) (119 F.3d 1276) (July 14, 1997) (Judge William J. Bauer) by In this case, the Court affirmed an upward sentencing departure for sophisticated means, obstruction of justice and role in the offense, even though it acknowledged that the district court had mentioned some …

U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Hipenbecker, No. 96-3067 (8th Cir.) (115 F.3d 581) (June 4, 1997) (Judge Frank J. Magill) by The defendant in this case argued that the district court had impermissibly double counted when it sentenced her based on her single act of embezzling while out on bond, because the district …

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker) by

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Valdez-Torres, No. 96-3040 (D.C. Cir.) (108 F.3d 385) (March 18, 1997) (Judge Karen LeCraft Henderson) by Here the defendant received a sentence enhancement of four points for use of a dangarous weapon - namely a car. In reejecting his claim of impermissible double counting, the Court concluded that …

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Williams, No. 96-2407 (7th Cir.) (106 F.3d 1362) (February 13, 1997) (Judge Joel L. Flaum) by Court held that sentencing court did not engage in impermissible double counting by imposing enhancements under USSG § 4A1.1(d) after it had already imposed enhancements for the same conduct under § 4A1.1(c) …

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Dobish, No. 95-2183 (6th Cir.) (102 F.3d 760) (November 19, 1996) (Per Curiam) by United States v. Dobish, 102 F.3rd 760 (6th Cir. 1996) United States v. Dudley, 102 F.3d 1184 (11th Cir. 1997) These two cases deal with double counting issues under the Guidelines. The Court in …

U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Dudley, No. 95-6724 (11th Cir.) (102 F.3d 1184) (January 6, 1997) (Per Curiam) by United States v. Dobish, 102 F.3rd 760 (6th Cir. 1996) United States v. Dudley, 102 F.3d 1184 (11th Cir. 1997) These two cases deal with double counting issues under the Guidelines. The Court in …

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Maurello, No. 95-5109 (3rd Cir.) (76 F.3d 1304) (February 22, 1996) (Judge H. Lee Sarokin) by Case held that the Guidelines do not prohibit applying sentence enhancements under both § 2F1.1(b)(4)(B) - formerly codified at § 2F1.1(b)(3)(B) - and § 3B1.3 of the Guidelines.

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Hawkins, No. 94-11015 (5th Cir.) (69 F.3d 11) (November 1, 1995) (Judge Robert M. Parker) by Case held that conduct underlying a defendant's prior felony conviction could also be used to enhance the defendant's sentence based on his criminal history score and was not improper double counting. This …