Search | Punch and Jurists

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner) by In this sentencing memorandum, Judge Gertner explained her reasons for imposing a sentence of probation on the defendant, Anthony Perella, who had acted as the getaway driver in three separate bank robberies …

U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Remorse

U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne) by The defendant in this case was convicted for possession of child pornography after his wife discovered images on a computer. A search of the computer revealed 700 to 750 images of child …

U.S. v. Guerrero, No. 01-10717 (8th Cir.) (333 F.3d 1078) (June 27, 2003) (Judge A. Wallace Tashima)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Guerrero, No. 01-10717 (8th Cir.) (333 F.3d 1078) (June 27, 2003) (Judge A. Wallace Tashima) by Here, in reversing a departure based on aberrant conduct, the Court stated: "The Guideline does not define 'extraordinary.' The Application Notes, however, explain that 'aberrant behavior' is specifically required to have three …

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Lesser Harms

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell) by Here, in granting a 4-level downward departure, Judge Cassell presented a lengthy apologia in defense of the Feeney Amendment and his conclusion that nothing in that legislation restricts the ability of a …

U.S. v. Rice, No. 02-2701 (8th Cir.) (332 F.3d 538) (June 17, 2003) (Judge Roger L. Wollman)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Abuse

U.S. v. Rice, No. 02-2701 (8th Cir.) (332 F.3d 538) (June 17, 2003) (Judge Roger L. Wollman) by

U.S. v. Aguilar-Portillo, No. 02-3817 (8th Cir.) (334 F.3d 744) (July 1, 2003) (Judge Morris Sheppard Arnold)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Aguilar-Portillo, No. 02-3817 (8th Cir.) (334 F.3d 744) (July 1, 2003) (Judge Morris Sheppard Arnold) by Here the Court reversed the district court's grant of a one level sentencing departure in a drug case based on the defendant's ties to the U.S., stating that a departure based on …

U.S. v. Rosado, No. S501CR74-12 (SAS) (S.D.N.Y.) (254 F.Supp.2d 316) (January 7, 2003) (Judge Shira A. Scheindlin)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rosado, No. S501CR74-12 (SAS) (S.D.N.Y.) (254 F.Supp.2d 316) (January 7, 2003) (Judge Shira A. Scheindlin) by Here the Court held that Guideline Amendment 602, which prohibits sentencing departures based on post-sentence rehabilitation, does not preclude departures based on extraordinary post-offense but pre-sentencing rehabilitation.

U.S. v. Martinez-Alvarez, No. 02-CR-223 (E.D.Wisc.) (256 F.Supp.2d 917) (April 14, 2003) (Judge Lynn S. Adelman)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Martinez-Alvarez, No. 02-CR-223 (E.D.Wisc.) (256 F.Supp.2d 917) (April 14, 2003) (Judge Lynn S. Adelman) by U.S. v. Aguilar-Portillo, 334 F.3d 744 (8th Cir. 07/01/2003) (Judge M.S. Arnold) U.S. v. Martinez-Alvarez, 256 F.Supp.2d 917 (E.D. Wisc. 2003) (Judge Adelman) For years, the courts have wrestled with ways in which …

U.S. v. Nowicki, No. CR 01-695 MV (D.N.M.) (252 F.3d 1242) (March 11, 2003) (Judge Martha Vazquez)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Abuse

U.S. v. Nowicki, No. CR 01-695 MV (D.N.M.) (252 F.3d 1242) (March 11, 2003) (Judge Martha Vazquez) by

U.S. v. Booe, No. 1:02-CR-135 (E.D.Tenn.) (252 F.Supp.2d 584) (March 19, 2003) (Judge Curtis L. Collier)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Booe, No. 1:02-CR-135 (E.D.Tenn.) (252 F.Supp.2d 584) (March 19, 2003) (Judge Curtis L. Collier) by In the summer of 2002, the defendant in this case, Amielia Booe, robbed a bank in Tennessee using a threatening note. She was caught within 30 minutes; and she quickly confessed to the …

U.S. v. Greene, No. 02 CR 435(SAS) (S.D.N.Y.) (249 F.Supp.2d 262) (January 13, 2003) (Judge Shira A. Scheindlin)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Greene, No. 02 CR 435(SAS) (S.D.N.Y.) (249 F.Supp.2d 262) (January 13, 2003) (Judge Shira A. Scheindlin) by U.S. v. Greene, 249 F.Supp.2d 262 (S.D.N.Y. 2003) (Judge Scheindlin) U.S. v. Colp, 249 F.Supp.2d 740 (E.D.Va. 2003) (Judge Lee) Both of these cases involved significant downward departures that resulted in …

U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell) by This case is noted because of its comprehensive coverage of a topic that seems to becoming more and more prevalent - disorderly conduct by passengers during a commercial flight. At the conclusion of …

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez)

Article • February 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez) by The facts of this case read like a Hollywood movie script. The defendant, Adalberto Nava-Sotelo, attempted to help spring his older brother, Oswaldo Nava-Sotelo, from Federal custody at a dental clinic where …

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty) by Here the Court granted the petitioner a writ of habeas corpus, concluding that the BOP's denial of a one-year sentence reduction after petitioner successfully completing a drug treatment program was arbitrary and …

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger) by

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin) by One of the issues raised on appeal in this case was a challenge by one of the defendants that the district court had erred by not granting him a downward departure based on …

U.S. v. Singh, No. CRIM.A. 02-214 (E.D.Pa.) (224 F.Supp.2d 962) (October 10, 2002) (Judge Marvin Katz)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Singh, No. CRIM.A. 02-214 (E.D.Pa.) (224 F.Supp.2d 962) (October 10, 2002) (Judge Marvin Katz) by The defendant in this case had previously been deported from the United States after a prior, unspecified felony conviction. Later, he learned that his mother was about to have an operation for the …

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet) by Here the Court held that the New York City Police Department may not arrest drug addicts who are carrying syringes containing drug residue if they are participating …

U.S. v. Thompson, No. 01-30279 (9th Cir.) (315 F.3d 1071) (December 6, 2002) (Judge Ronald M. Gould)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Thompson, No. 01-30279 (9th Cir.) (315 F.3d 1071) (December 6, 2002) (Judge Ronald M. Gould) by Here the Court reversed a downward departure in a child pornography case, holding that the district court had relied on factors that were either prohibited, discouraged or inadequately explained to take the …

U.S. v. Parish, No. 01-30017 (9th Cir.) (308 F.3d 1025) (October 18, 2002) (Judge Jr. William C. Canby)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Parish, No. 01-30017 (9th Cir.) (308 F.3d 1025) (October 18, 2002) (Judge Jr. William C. Canby) by It is becoming increasing clear that the sheer number of Federal pornography prosecutions has taken off like a rocket, aided in large part by a growing patchwork of hastily-drafted, politically-popular Federal …