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U.S. v. Snyder, No. 98-2574 (7th Cir.) (189 F.3d 640) (September 2, 1999) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Snyder, No. 98-2574 (7th Cir.) (189 F.3d 640) (September 2, 1999) (Judge William J. Bauer) by Here the Court rejected defendant's contention that his sentence should not have been enhanced for obstruction of justice because he did not find out he was under investigation until after the obstructive …

U.S. v. Monzon-Valenzuela, No. 98-30202 (9th Cir.) (186 F.3d 1181) (September 10, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Monzon-Valenzuela, No. 98-30202 (9th Cir.) (186 F.3d 1181) (September 10, 1999) (Judge Alfred T. Goodwin) by In this case the Court reversed an obstruction of justice enhancement under USSG § 3C1.1 for testifying falsely at trial was not justified where the judge made no independent finding of perjury …

U.S. v. Clayton, No. 97-60712 (5th Cir.) (172 F.3d 347) (April 12, 1999) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Clayton, No. 97-60712 (5th Cir.) (172 F.3d 347) (April 12, 1999) (Judge E. Grady Jolly) by The Court held that any obstructive conduct must occur after an investigation has begun and cited the Sentencing Commission's statements that its amendments to § 3C1.1 were meant to clarify "the temporal …

U.S. v. Cataldo, No. 97-5509 (11th Cir.) (171 F.3d 1316) (April 8, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Cataldo, No. 97-5509 (11th Cir.) (171 F.3d 1316) (April 8, 1999) (Judge James Larry Edmondson) by The defendant argued that the district court erred in increasing his offense level two increments for obstruction of justice. The probation officer preparing Cataldo's PSI recommended the enhancement because he believed Cataldo …

U.S. v. Brady, No. 98-1561 (1st Cir.) (168 F.3d 574) (February 28, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Brady, No. 98-1561 (1st Cir.) (168 F.3d 574) (February 28, 1999) (Judge Michael Boudin) by Here the First Circuit delved into the meaning of the use of the "most analogous" guideline, particularly in the context of obstruction of justice, and affirmed the use of § 2J1.2 and its …

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin) by This is a case that is filled with intrigue. Defendant Harvey Baum, a criminal defense attorney, was charged with obstruction of justice under 18 U.S.C. § 1503, for attempting to set …

U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy) by We first noted this case in the April 27, 1998 issue of Punch and Jurists, when we reported that district judge Greene of Utah ruled that the Double Jeopardy Clause barred the …

U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Rohde, No. 98-4000 (10th Cir.) (159 F.3d 1298) (November 3, 1998) (Judge Michael R. Murphy) by We first noted this case in the April 27, 1998 issue of Punch and Jurists, when we reported that district Judge Greene of Utah ruled that the Double Jeopardy Clause barred the …

U.S. v. Greer, No. 96-11443 (5th Cir.) (158 F.3d 228) (October 16, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Greer, No. 96-11443 (5th Cir.) (158 F.3d 228) (October 16, 1998) (Judge Carolyn Dineen King) by Case held that an obstruction of justice enhancement may be applied to punish a defendant who feigns incompetence in an effort to delay or avoid trial and punishment. While the Court acknowledged …

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella) by The Court noted as follows: "Appellant was convicted of criminal contempt under 18 U.S.C. § 401. There is no specific sentence mandated for this offense. The applicable Guideline for this offense is …

U.S. v. Parker, No. 97-30199 (9th Cir.) (146 F.3d 696) (June 11, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Failure to Appear

U.S. v. Parker, No. 97-30199 (9th Cir.) (146 F.3d 696) (June 11, 1998) (Per Curiam) by Judge Reinhardt argued that the effect of this decision was to hold that every time a defendant commits a violation of 18 USC § 3146(a)(2), regardless of the circumstances, he will automatically be subject …

U.S. v. Ventura, No. 97-1029, No. 677 (2nd Cir.) (146 F.3d 91) (June 1, 1998) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ventura, No. 97-1029, No. 677 (2nd Cir.) (146 F.3d 91) (June 1, 1998) (Judge Pierre N. Leval) by The Court stated that "Multiple acts of obstruction, especially when they differ in kind or have different obstructive objectives, can be found to fall sufficiently far outside the heartland conduct …

U.S. v. Rohde, No. 2:97-CR-0200 (D.Utah) (989 F.Supp. 1151) (December 4, 1997) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Rohde, No. 2:97-CR-0200 (D.Utah) (989 F.Supp. 1151) (December 4, 1997) (Judge J. Thomas Greene) by Court held that after an enhancement for obstuction of justice an indictment for perjury based on the same false testimony was impermissible even if the Government sought no new punishment.

U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Instant Offense

U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse) by This decision is noted because it deals with a frequently misapplied Guideline provision, namely U.S.S.G. § 3C1.1 which permits a two-level sentence enhancement for obstructing or impeding the administration of justice "during …

U.S. v. Ramunno, No. 97-2132 (7th Cir.) (133 F.3d 476) (January 7, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ramunno, No. 97-2132 (7th Cir.) (133 F.3d 476) (January 7, 1998) (Judge Joel L. Flaum) by This case sheds some light on one frequently misapplied provision of the Guidelines - namely U.S.S.G. § 3C1.1 - a provision which permits the imposition of a two-level sentence enhancement where the …

U.S. v. Saacks, No. 97-30246 (5th Cir.) (131 F.3d 540) (December 16, 1997) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Saacks, No. 97-30246 (5th Cir.) (131 F.3d 540) (December 16, 1997) (Judge Jacques L. Jr. Wiener) by Court held that bankruptcy fraud is in itself a violation of a judicial or administrative order or process which properly warrants the use of the sentence enhancement contained in § 2F1.1(b)(4)(B) …

U.S. v. Norman, No. 96-1342 (10th Cir.) (129 F.3d 1393) (November 28, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Norman, No. 96-1342 (10th Cir.) (129 F.3d 1393) (November 28, 1997) (Judge Stephen H. Anderson) by Here the Court vacated an enhancement for obstruction of justice, based on the defendant's conduct of attempting to conceal guns at the time of his arrest, due to the language of Application …

U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Shetty, No. 96-50583 (9th Cir.) (130 F.3d 1324) (November 20, 1997) (Judge Thomas G. Nelson) by Case held that attempts to conceal funds during criminal tax investigation supported an obstruction of justice enhancement.

U.S. v. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Corrigan, No. 96-5477 (6th Cir.) (128 F.3d 330) (October 15, 1997) (Judge Nathaniel R. Jones) by Case held that a person may not be denied the extra one point sentence reduction for "super acceptance" of responsibility on the grounds that he also qualified for an obstruction of justice …

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Judicial or Administrative Orders

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker) by Here the Court upheld an enhancement under U.S.S.G. § 2F1.1(b)(4)(B) (formerly codified as § 2F1.1(b)(3)(B)) for violating a "judicial or administrative order" of the Department of Transportation even though …