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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, Grouping

U.S. v. Calozza, No. 95-30393 (9th Cir.) (125 F.3d 687) (August 25, 1997) (Judge Andrew J. Kleinfeld) by Case examines in detail some of the highly technical aspects of the grouping rules.

U.S. v. Johnson, No. 96-1875 (7th Cir.) (117 F.3d 1010) (June 27, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Johnson, No. 96-1875 (7th Cir.) (117 F.3d 1010) (June 27, 1997) (Judge Michael S. Kanne) by In this case the defendant appealed from his sentence, arguing that the district court erred by failing to group a prior mail fraud count with a current tax evasion count as closely …

U.S. v. Haltom, No. 96-10707 (5th Cir.) (113 F.3d 43) (May 13, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Haltom, No. 96-10707 (5th Cir.) (113 F.3d 43) (May 13, 1997) (Judge Fortunato P. Benavides) by Here the Court held that although mail fraud and tax evasion convictions did not cause "substantially the same harm", they must be grouped because the mail fraud "embodies conduct that is treated …

U.S. v. Lopez, No. 95-30230 (9th Cir.) (104 F.3d 1149) (January 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Lopez, No. 95-30230 (9th Cir.) (104 F.3d 1149) (January 14, 1997) (Per Curiam) by This Guideline case considers the arcane and confusing topic of "grouping" offenses under U.S.S.G. § 3D1.2. Essentially, that section permits closely related counts to be grouped for sentencing purposes so the ultimate sentence is …

U.S. v. Wilson, No. 95-2496 (7th Cir.) (98 F.3d 281) (October 17, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Wilson, No. 95-2496 (7th Cir.) (98 F.3d 281) (October 17, 1996) (Judge Ilana Diamond Rovner) by Case held that the district court erred by not grouping mail fraud and money laundering counts even though crimes had different victims. After the defendant in this case pled guilty to mail …

U.S. v. Taylor, No. 96-3082 (10th Cir.) (97 F.3d 1360) (October 8, 1996) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Taylor, No. 96-3082 (10th Cir.) (97 F.3d 1360) (October 8, 1996) (Judge James E. Barrett) by Case held that a dismissed drug consipracy count was "groupable" with a drug manufacturing count to which the defendant pled guilty.

U.S. v. Bonner, No. 94-8660 (11th Cir.) (85 F.3d 522) (June 13, 1996) (Judge Thomas A. Clark)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Bonner, No. 94-8660 (11th Cir.) (85 F.3d 522) (June 13, 1996) (Judge Thomas A. Clark) by The defendant in this case pled guilty to making 20 threatening phone calls to a U.S. prosecutor who had previously convicted him on earlier charges. At sentencing, the court overruled the defendant's …

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton) by This decision contains a lengthy discussion of the proper standards for "grouping" of offenses under U.S.S.G. § 3D1.2(b). The defendant had argued that the court erred when it failed to group his …

U.S. v. DiDomenico, No. 93-1134 (7th Cir.) (78 F.3d 294) (March 1, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Grouping

U.S. v. DiDomenico, No. 93-1134 (7th Cir.) (78 F.3d 294) (March 1, 1996) (Judge Richard A. Posner) by One of the many issues raised in this appeal from various RICO convictions was whether, for grouping purposes under U.S.S.G. § 3D1.4, the court is allowed to consider crimes for which the …

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado)

Article • December 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado) by Court emphatically rejected Government's argument that because the court had grouped the offenses charged in the indictment under USSG § 3D1.2, it removed any danger of multiple punishments. This is a rare …

U.S. v. Owolabi, No. 94-3551 (7th Cir.) (69 F.3d 156) (October 27, 1995) (Judge John L. Coffey)

Article • December 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Owolabi, No. 94-3551 (7th Cir.) (69 F.3d 156) (October 27, 1995) (Judge John L. Coffey) by This multi-issue case is cited for its discussion of "grouping" multiple counts of conviction for sentencing purposes, under § 3D1.2 of the Guidelines. In rejecting an appeal by the defendant that his …

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones)

Article • September 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones) by Case held that money laundering counts could be grouped with consipracy, mail and wire fraud, so that imposition of higher sentence was required, even though counts did not involve common victims.

U.S. v. Griswold, No. 94-1979 (3rd Cir.) (57 F.3d 291) (June 5, 1995) (Judge Robert E. Cowen)

Article • July 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Griswold, No. 94-1979 (3rd Cir.) (57 F.3d 291) (June 5, 1995) (Judge Robert E. Cowen) by This case contains a good discussion of the concept of "grouping" closely related counts" under § 3D1.2 of the Guidelines. The defendant was charged with a number of different counts of making …

U.S. v. Bush, No. 94-2025 (3rd Cir.) (56 F.3d 536) (June 12, 1995) (Judge Morton I. Greenberg)

Article • July 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Bush, No. 94-2025 (3rd Cir.) (56 F.3d 536) (June 12, 1995) (Judge Morton I. Greenberg) by A case which discusses the balance sought to be achieved by the grouping concept under §§ 3D1.1 and 3D1.2 - namely, the need to prevent multiple punishment for substantially identical offense conduct …

U.S. v. Mizrachi, No. 94-1215 (2nd Cir.) (48 F.3d 651) (February 16, 1995) (Judge Jon O. Newman)

Article • April 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Mizrachi, No. 94-1215 (2nd Cir.) (48 F.3d 651) (February 16, 1995) (Judge Jon O. Newman) by This case contains a somewhat helpful review of the "grouping" concept under §§ 3D1.1-3D1.4 of the Guidelines and its effect on consecutive and concurrent sentences.