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U.S. v. Riley, No. 09-CR-20221 (S.D.Fla.) (655 F.Supp.2d 1298) (September 4, 2009) (Judge James Lawrence King)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Riley, No. 09-CR-20221 (S.D.Fla.) (655 F.Supp.2d 1298) (September 4, 2009) (Judge James Lawrence King) by As we have frequently noted, sentences in child pornography cases continue to escalate like topsy. As Judge King noted in the instant decision, during the period from 1994 to 2007, the mean sentence …

U.S. v. Cunningham, No. 1:09CR154 (N.D.Ohio) (680 F.Supp.2d 844) (January 26, 2010) (Judge John R. Adams)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Cunningham, No. 1:09CR154 (N.D.Ohio) (680 F.Supp.2d 844) (January 26, 2010) (Judge John R. Adams) by As readers of this newsletter are well aware, in recent years there has been an increasing number of Federal judges who have been outspoken in their criticism of the constantly escalating prison sentences …

U.S. v. Raby, No. 2:05-cr-00003 (S.D.W.Va.) (2009 WL 5173964) (December 30, 2009) (Judge Joseph R. Goodwin)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Raby, No. 2:05-cr-00003 (S.D.W.Va.) (2009 WL 5173964) (December 30, 2009) (Judge Joseph R. Goodwin) by Here the Court attacked as nonsensical the rigid application of U.S.S.G. § 2G2.2(b)(7), which require automatic sentence increases as the number of pornographic images increase, which it said violates the mandates of 18 …

U.S. v. Phinney, No. 08-CR-260 (E.D.Wisc.) (599 F.Supp.2d 1037) (February 20, 2009) (Judge Lynn S. Adelman)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Phinney, No. 08-CR-260 (E.D.Wisc.) (599 F.Supp.2d 1037) (February 20, 2009) (Judge Lynn S. Adelman) by This masterful decision, by one of the ablest sentencing judges in America, adds some significant support to the growing chorus of sharp criticism to the harsh punishment scheme for child pornography possession crimes …

U.S. v. Beiermann, No. CR 07-4018-MWB (N.D.Iowa) (599 F.Supp.2d 1087) (February 24, 2009) (Judge Mark W. Bennett)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Beiermann, No. CR 07-4018-MWB (N.D.Iowa) (599 F.Supp.2d 1087) (February 24, 2009) (Judge Mark W. Bennett) by The proposition propounded by Judge Pratt in U.S. v. Johnson, 588 F.Supp.2d 997 (N.D.Iowa Dec. 4, 2008) - namely that the penalties imposed by U.S.S.G. § 2G2.2 are not the product of …

U.S. v. Johnson, No. 4:07-cr-00127 (S.D.Iowa) (588 F.Supp.2d 997) (December 4, 2008) (Judge Robert W. Pratt)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Johnson, No. 4:07-cr-00127 (S.D.Iowa) (588 F.Supp.2d 997) (December 4, 2008) (Judge Robert W. Pratt) by Here the Court rejected as unreasonble and excessive the lengthy sentences recommended by the Guidelines for child pornography downloading cases, finding such sentences were unsupported by empirical data and not reflective of the …

U.S. v. Grober, No. 06-CR-880 (KSH) (D.N.J.) (595 F.Supp.2d 382) (December 22, 2008) (Judge Katharine S. Hayden)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Grober, No. 06-CR-880 (KSH) (D.N.J.) (595 F.Supp.2d 382) (December 22, 2008) (Judge Katharine S. Hayden) by Acting on a tip from AOL that child pornography was attached to e-mail exchanges involving David Grober's account David Grober , a team of Gestapo-like agents from the Passaic County Sheriff's Office …

U.S. v. Hanson, No. 07-CR-330 (E.D.Wisc.) (561 F.Supp.2d 1004) (June 20, 2008) (Judge Lynn S. Adelman)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Hanson, No. 07-CR-330 (E.D.Wisc.) (561 F.Supp.2d 1004) (June 20, 2008) (Judge Lynn S. Adelman) by Here Judge Adelman sharply criticized the harsh penalties called for by U.S.S.G. § 2G2.2, and presented a compelling case for the proposition that § 2G2.2 "is not representative of the Commission's typical role …