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Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt)

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

Filed under: Punch And Jurists, Credits

Luther v. Vanur, No. 5:97-HC-259-BR2 (E.D.N.C.) (14 F.Supp.2d 773) (December 3, 1997) (Judge W. Earl Britt) by The Court held that: "A unilateral transfer by the Bureau of Prisons does not involve the prisoner's fault and an interruption thereon is not mandated by statute. Such a transfer is more analogous …

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Credits

Johnson v. U.S., No. 97-1151 (6th Cir.) (154 F.3d 569) (August 26, 1998) (Judge Gilbert S. Merritt) by Case held that when a defendant's prison sentence is reduced below time already served, the obvious purpose of leniency requires that his term of supervised release should commence on the date he …

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Credits

U.S. v. Jeanes, No. 97-40933 (5th Cir.) (150 F.3d 483) (August 7, 1998) (Judge Jerry E. Smith) by This decision deals with two separate supervised release issues, both related to motions under 18 U.S.C. § 3583(e)(1), one of those tantalizing, "wishful-thinking" statutes which, at least in theory, permits a district …

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Credits

U.S. v. Whaley, No. 98-1238 (2nd Cir.) (148 F.3d 205) (July 10, 1998) (Per Curiam) by Here, the district court held that § 3585(b)(1), which provides that a defendant "shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention …

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya) by In a case dealing with the 1993 version of § 5G1.3, the Court approves the imposition of a 96 month consecutive sentence to various State sentences as a "reasonable incremental punishment.". Before …

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Credits

U.S. v. Galicia-Delgado, No. 97-1125, No. 339 (2nd Cir.) (130 F.3d 518) (December 2, 1997) (Judge Amalya Lyle Kearse) by Here the Court held that sentencing credit "is granted by the Attorney General through the Bureau of Prisons after a defendant is sentenced" and although the defendant may, after exhausting …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima) by Here the Court explored the meaning of the "fully taken into account language" of USSG § 5G1.3(b) for purposes of determining when and whether a new Federal sentence must be imposed concurrent …

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Joseph, No. 96-1507 (1st Cir.) (109 F.3d 34) (March 20, 1997) (Judge Levin H. Campbell) by The defendant in this case was convicted of the usual tandem of drug and gun crimes, and he was sentenced to 81 months imprisonment. After serving the full 21 months imposed for …

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer) by Fourth Circuit reversed a downward departure concluding that the Sentencing Commission had adequately considered whether to allow sentencing reductions for previously discharged terms of imprisonment and determined such reductions inappropriate. One of …

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Credits

U.S. v. Greer, No. 96-1058 (7th Cir.) (91 F.3d 996) (August 1, 1996) (Judge Joel L. Flaum) by This somewhat technical decision contains a detailed analysis of the subtle distinctions between §§ 5G1.2 and 5G1.3. The defendant was sentenced, sequentially, on two different cases on the same day by the …

U.S. v. Blake, No. 96-30057 (9th Cir.) (88 F.3d 824) (July 10, 1996) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Credits

U.S. v. Blake, No. 96-30057 (9th Cir.) (88 F.3d 824) (July 10, 1996) (Judge Alfred T. Goodwin) by Case held that when a defendant's sentence of imprisonment is reduced below the time already served due to a Guideline amendment, the defendant's supervised release obligation should be reduced to commence on …

U.S. v. Douglas, No. 95-3460 (8th Cir.) (88 F.3d 533) (June 24, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Credits

U.S. v. Douglas, No. 95-3460 (8th Cir.) (88 F.3d 533) (June 24, 1996) (Per Curiam) by The Courts of Appeals have reached differing conclusions on the issue of whether a defendant should be allowed credit against his sentence of supervised release for extra time served in prions. Compare United States …

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by This decision contains a detailed analysis of USSG § 5G1.3(c), particularly in the context of the district court's belief that it did not have the authority to give any credit for a …

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins) by Here's a decision written by Judge Wilkens, the former Chairman of the Sentencing Guidelines Commission, on the purpose and intent of Guidelines § 5G1.3, so it will probably be cited frequently. …

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam) by The case discusses U.S.S.G. § 5G1.3, which the court says is "one of the most complex provisions of the Sentencing Guidelines." The defendant was prosecuted in two separate Federal districts for a single pattern …

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker)

Article • July 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker) by This case involves § 5G1.3 of the Guidelines, which deals with the imposition of sentences on a defendant subject to an undischarged term of imprisonment and the meaning of the phrase …

Brown v. Perrill, No. 93-1381 (10th Cir.) (28 F.3d 1073) (July 15, 1995) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Credits

Brown v. Perrill, No. 93-1381 (10th Cir.) (28 F.3d 1073) (July 15, 1995) (Per Curiam) by The defendant in this case sought a credit against his federal sentence for time spent in a federal prison pursuant to writ of habeas corpus ad prosequendum (some 19 months) while awaiting trial and …