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U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Berndt, No. 97-1319, No. 669 (2nd Cir.) (127 F.3d 251) (October 7, 1997) (Judge Amalya Lyle Kearse) by United States v. Berndt, 127 F.3d 251 (2nd Cir. 1997) (Judge Kearse) United States v. Stein, 127 F.3d 777 (9th Cir. 1997) (Judge Goodwin) Another increasingly slippery rule is U.S.S.G. …

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon) by This case belongs in that runaway best-seller entitled "Fifty Ways to Rig a Sentence." Rule 32(b)(6)(B) of the Fed.R.Crim.P. provides that a party may object to any "material information" contained in his …

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Vincent, No. 96-6585 (11th Cir.) (121 F.3d 1451) (September 17, 1997) (Judge Arthur L. Alarcon) by This case belongs in that runaway best-seller entitled "Fifty Ways to Rig a Sentence." Rule 32(b)(6)(B) of the Fed.R.Crim.P. provides that a party may object to any "material information" contained in his …

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion) by Case held that defendant does not have the right under either the Sentencing Guidelines or the Federal Rules of Criminal Procedure to subpoena witnesses to contradict evidence contained in presentence report or …

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Beltran, No. 96-1271 (7th Cir.) (109 F.3d 365) (March 21, 1997) (Judge Daniel A. Manion) by Case held that defendant does not have the right under either the Sentencing Guidelines or the Federal Rules of Criminal Procedure to subpoena witnesses to contradict evidence contained in presentence report or …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by Court held that specific evidence (e.g., drug records, admissions, or live testimony) is required to calculate drug quantities for sentencing purposes. This is an important decision concerning the quantity of …

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Acosta, No. 95-2517 (7th Cir.) (85 F.3d 275) (May 29, 1996) (Judge Ilana Diamond Rovner) by Here the Court vacated a sentence based on the district court's determination of the quantity of drugs involved because it relied on testimony that was inherently inconsistent - which is "the prototype …

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Graham, No. 93-3217 (D.C. Cir.) (83 F.3d 1466) (May 21, 1996) (Judge David S. Tatel) by Case held that it was not sufficient for the district court to simply adopt the presentence report on the critical issue of the quantity of drugs attributable to defendants when they disputed …

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in the …

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Garcia, No. 94-5216 (10th Cir.) (78 F.3d 1457) (February 22, 1996) (Judge David M. Ebel) by Here the Court found no error in the district court's acceptance of statements of two informants to increase the drug quantities charged to the defendant, even though the Government itself argued that …

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole)

Article • January 1, 1994

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court also held that in evaluating predisposition, the court reviews five factors: (1) the character and reputation of the defendant; (2) whether the government made the initial suggestion of criminal activity; …