Search | Punch and Jurists

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold) by This brief decision addressed two related Apprendi issues: (a) whether a defendant can raise an Apprendi claim on a direct appeal after "forfeiting" the claim by not raising it in the district …

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott) by Here the Court held that a sentence of supervised release in excess of the statutory maximum based on a determination of the quantity of drugs by a preponderance of the evidence was …

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore) by

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya) by There were two Apprendi claims raised in this direct appeal. The defendant was convicted of two drug counts involving the illegal importation of cocaine. On appeal, he argued, inter alia, that the …

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that where a conviction for one count of conspiracy to distribute at least five kilograms of cocaine subsumes defendant's conviction on other counts of the conspiracy, a sentence …

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz) by Here the Fourth Circuit held that there was no Apprendi error in imposing a five year term of supervised release on the defendant under 21 USC § 841(b)(1)(C), disagreeing with the 5th …

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig) by In Chapter One of the Guidelines Manual, the Sentencing Commission readily acknowledged that “[a] sentencing system tailored to fit every conceivable wrinkle of each case would quickly become unworkable and seriously compromise …

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here, the 2nd Circuit rejected a series of Apprendi claims, including one holding that where factual determinations are used to sentence the defendant to a sentence within the maximum allowed by statute, …

U.S. v. Nordby, No. 99-10191 (9th Cir.) (225 F.3d 1053) (September 11, 2000) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Nordby, No. 99-10191 (9th Cir.) (225 F.3d 1053) (September 11, 2000) (Judge Jr. William C. Canby) by This decision is one of the most significant Apprendi decisions that we have seen to date - in part because it discards any political message and simply analyzes Apprendi on the …

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg)

Article • July 3, 2000

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg) by As stated by Justice Ginsberg, in her opinion, "This case presents a question of statutory interpretation regarding revocation of a federal sentence of probation. The law at issue provides that …

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey) by In this case the defendant originally pled guilty to a charge of theft of Government property and he was sentenced to a term of two years probation. The decision does not disclose …

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Universal Rehabilitation Services, Inc., No. 97-1412 (3rd Cir.) (205 F.3d 657) (March 14, 2000) (Judge Leonard I. Garth) by The defendants in this case were health care services providers convicted of perpetrating a scheme to fraudulently obtain Medicare funds. In an in limine motion, the defendants unsuccessfully sought …

Braxton v. U.S., No. 90-5358 (U.S. Supreme Court) (500 U.S. 344; 111 S.Ct. 1854) (May 28, 1991) (Justice Scalia)

Article • November 8, 1999

Filed under: Punch And Jurists, Stipulations

Braxton v. U.S., No. 90-5358 (U.S. Supreme Court) (500 U.S. 344; 111 S.Ct. 1854) (May 28, 1991) (Justice Scalia) by Here the Court reviewed - and declined to resolve - a Circuit split under the then version of § 1B1.2(a) as to whether any "stipulation" as referred to in the …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld) by The defendant in this case pled guilty to to unlawful transportation of hazardous waste and unlawful storage of hazardous waste. His landlord spent $15,775 removing waste, some of which was classified as …

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie) by Here the Court held that a defendant, who had received a maximum two-year term of imprisonment following revocation of supervised release, could not in addition be sentenced to a new term …

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Nathan, No. 98-6262 (3rd Cir.) (188 F.3d 190) (August 18, 1999) (Judge Edward R. Becker) by Here, departing from the rule in other Circuits, the Court held that oral stipulations under USSG § 1B1.2(a) require careful scrutiny and must meet strict requirements before they will qualify as a …

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch) by The defendant contended that the court should have used the Guideline sentencing range - and not the mandatory minimum sentence - as the starting point for his § 5K1.1 departure - relying …

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam) by See also U.S. v. Cotroneo, 89 F.3d 510 (8th Cir. 1996), U.S. v. Quinones, 136 F.3d 1293 (11th Cir. 1998, and U.S. v. Johnson, 138 F.3d 115 (4th Cir. 1998) - all of which …

U.S. v. Williams, No. 97-5465 (3rd Cir.) (176 F.3d 714) (May 17, 1999) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Williams, No. 97-5465 (3rd Cir.) (176 F.3d 714) (May 17, 1999) (Judge Samuel A. Jr. Alito) by Here the defendant argued that his conviction under § 843(b) did not qualify as a "controlled substance offense" for purposes of determining career offender status under U.S.S.G. § 4B1.1. The District …