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U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple) by This case is noted because of its review of the law, particularly in the Seventh Circuit, dealing with downward departures based on family circumstances pursuant to USSG § 5H1.6, including when the …

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg) by This is one of those depressing Guidelines cases that shows the evils of “sentencing by the numbers.” The defendant in this case, the single mother of five children, aged five through 14, …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court rejected as inadequate the district court's findings that one ground for a valid downward departure was the defendant's wife's health, noting that such a departure requires the defendant to …

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner granted a defendant a downward departure for "extraordinary" family obligations and work history; and in the process she outlined a procedure for determining whether a defendant's employment …

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin) by This case raises two interesting peripheral attacks by the Government on the propriety of granting a downward sentencing departure based on family ties and responsibilities under U.S.S.G. § 5H1.6. …

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry) by The defendant in this case was convicted of an assault on a Federal officer, in violation of 18 U.S.C. § 111(b) - and the nature of that crime may explain why the …

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam) by In this case the 2nd Circuit reversed a downward departure granted by Judge McKenna based on extraordinary family circumstances and in the process suggested strong limits on its previous precedents relating to similar departures. …

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer) by The real message of this case is that it may reflect the beginnings of judicial rumblings of discontent over the Government's policy of attempting to squeeze the last pound of flesh out …

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by The Eight Circuit vacated a downward departure in this case granted in part on the basis that incarceration would place a terrible financial burden on the wife. It stated that "even if …

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson) by Case held that defendant's family circumstances - that he was sole support for two children who, in his absence would be cared for by an alleged drug abuser and his diabetic mother …

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy) by Case held that because family circumstances are a discouraged factor, when familiy circimstances are used as the sole basis for a downward departure, they must be "extraordinary." (id., at 968-69). In this …

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy) by The Court noted that "the disintegration of existing family life or relationships is insufficient to warrant a departure." (Id., at 474). Here the Court rejected downward departure based on fact that defendant, …

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins) by Case reversed a downward departure for extraordinary family circumstances, holding that 21 year old defendant who had remained with this newborn child, rather than abaondoning it, was not an event that …

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone) by Here, in a surprising anf far-reaching decision, the majority (over the dissent of Judge Kearse) affirmed a sentencing departure based on family circumstances, strongly endorsing the trial court's discretion in …

U.S. v. Blackwell, No. Crim. No. 95-671 (AJL) (D.N.J.) (954 F.Supp. 944) (January 21, 1997) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Blackwell, No. Crim. No. 95-671 (AJL) (D.N.J.) (954 F.Supp. 944) (January 21, 1997) (Judge Alfred J. Jr. Lechner) by Here Judge Lechner angrily rejected the Government's attempt to seek a downward departure for an inner-city defendant on the basis of extraordinary family responsibilites, claiming it was attempting to …

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid opinion, reported at 78 F.3d 610 (D.C.Cir. 1996), which was discussed at length in the April 22, 1996 issue …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by Case held that a mother of three young children is not entitled to sentencing departure based on "extraordinary" circumstances. This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid …

U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris) by Court sentenced defendant to 12 months home confinement due to cumulative nature of medical hardships facing the defendant and his family. In sharp contrast to the Dyce decision reported at 78 …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by This is a case that should wake up a lot of people to the heartless rigidity of the Guidelines and the "quality of our civilization." Amrhu Dyce was convicted of possession with …