Search | Punch and Jurists

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Pickering, No. 96-5464 (11th Cir.) (178 F.3d 1168) (June 25, 1999) (Judge Gerald B. Tjoflat) by [Editor's Note: See U.S.S.G. § 5K2.19 - entitled "Post-Sentencing Rehabilitative Efforts (Policy Statement)", which became effective on Nov. 1, 2000 (pursuant to Guideline Amendment 602), which now makes Post Conviction Rehabilitation a …

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by This is an interesting and well-reasoned decision which addresses the power of the court to consider a downward sentencing departure at a resentencing in conjunction with a motion to reduce the defendant's sentence …

U.S. v. Sims, No. 98-2287 (8th Cir.) (174 F.3d 911) (April 9, 1999) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Sims, No. 98-2287 (8th Cir.) (174 F.3d 911) (April 9, 1999) (Judge Morris Sheppard Arnold) by Departing from the position taken by several other Circuits, the Eighth Circuit held that post-sentencing efforts at rehabilitation should never constitute a grounds for departure under the Guidelines since it would create …

U.S. v. Bryson, No. 98-1195 (2nd Cir.) (163 F.3d 742) (December 31, 1998) (Judge Nicholas Tsoucalas)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Bryson, No. 98-1195 (2nd Cir.) (163 F.3d 742) (December 31, 1998) (Judge Nicholas Tsoucalas) by In theory, this case deals with the circumstances under which a district court may grant a downward departure under the Guidelines based on a defendant's "extraordinary rehabilitation." In practice, though, the decision seems …

U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay) by Reversing its prior precedent following the Supreme Court's decision in Koon v. U.S., 518 U.S. 81, the Tenth Circuit joined a number of other Circuits in holding that post-sentencing rehabilitative efforts are …

U.S. v. Green, No. 97-50594 (9th Cir.) (152 F.3d 1202) (August 27, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Green, No. 97-50594 (9th Cir.) (152 F.3d 1202) (August 27, 1998) (Per Curiam) by Here the Court affirmed a sentence of 30 days imprisonment and 1500 hours of community service for a defendant in a marijuana case, largely on the grounds that post-sentencing rehabilitation efforts are a proper …

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel) by In this case the D.C. Circuit joined the Second Circuit (U.S. v. Core, 125 F.3d 74 (2nd Cir. 1997) and the Third Circuit (U.S. v. Sally, 116 F.3d 76 (3rd Cir. 1997) …

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman)

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

Filed under: Punch And Jurists, Post-Offense Conduct

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman) by Case firmly held that post-sentence rehabilitative efforts "clearly" do not provide a legal basis for a sentencing departure.

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. McBroom, No. 95-502 WGB (D.N.J.) (991 F.Supp. 445) (January 13, 1998) (Judge William G. Bassler) by This decision was issued on the resentencing of the defendant after the Third Circuit vacated the original sentence, in a case reported at 124 F.3d 533, which was reviewed in the Nov. …

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Flowers, No. 96-CR-1064 (02)(JBW) (E.D.N.Y.) (983 F.Supp. 159) (October 28, 1997) (Judge Jack B. Weinstein) by United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein) United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney) Both of these decisions are destined to make a …

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by Based on the fact that the defendant in this case regularly attended both a sex offender therapy program and an intensive chemical dependency program while working full time, starting right after his …

U.S. v. Core, No. 96-1790 (2nd Cir.) (125 F.3d 74) (September 9, 1997) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Core, No. 96-1790 (2nd Cir.) (125 F.3d 74) (September 9, 1997) (Judge Pierre N. Leval) by United States v. Core, 125 F.3d 74 (2nd Cir. 1997) United States v. Dyce, 975 F.Supp. 17 (D.D.C. 1997) Both of these cases shed new light on the issue of whether post-conviction …

U.S. v. Dyce, No. 93-00219 (D.D.C.) (975 F.Supp. 17) (August 18, 1997) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Dyce, No. 93-00219 (D.D.C.) (975 F.Supp. 17) (August 18, 1997) (Judge Stanley Sporkin) by United States v. Core, 125 F.3d 74 (2nd Cir. 1997) (Judge Leval) United States v. Dyce, 975 F.Supp. 17 (D.D.C. 1997) (Judge Sporkin) Both of these cases shed new light on the issue of …

U.S. v. Sally, No. 96-1864 (3rd Cir.) (116 F.3d 76) (May 28, 1997) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Sally, No. 96-1864 (3rd Cir.) (116 F.3d 76) (May 28, 1997) (Judge Richard L. Nygaard) by Here the Court held that post-offense rehabilitation efforts, including post-conviction rehabilitation efforts, may constitute a sufficient basis for a downward sentence departure, provided the efforts are so exceptional as to remove the …

U.S. v. Brock, No. 96-4405 (4th Cir.) (108 F.3d 31) (February 28, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Brock, No. 96-4405 (4th Cir.) (108 F.3d 31) (February 28, 1997) (Judge William W. Jr. Wilkins) by Here, based largely on Koon v. U.S., the Fourth Circuit re-evaluated its former position and held that post-offense rehabilitation efforts may justify a downward departure - but see USSG § 5K2.19 …

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by [Editor's Note: See U.S.S.G. § 5K2.19, Post-Sentencing Rehabilitative Efforts (Policy Statement), which became effective on Nov. 1, 2000, and which made post-sentencing rehabilitative efforts, "even if exceptional," a probibited factor for downward …

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Childers, No. 95-6617 (6th Cir.) (86 F.3d 562) (June 12, 1996) (Judge James L. Ryan) by In 1992, postal inspectors questioned the defendant regarding allegations that he had stolen mail from post office boxes; and he immediately confessed and agreed to make restitution. He was not indicted however …

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Workman, No. 94-1454, No. 144 (2nd Cir.) (80 F.3d 688) (March 27, 1996) (Judge Pierre N. Leval) by Court approved post-arrest rehabilitation efforts as a valid basis for a downward departure - but see USSG § 5K2.19, which became effective on 11/1/00 and which made post-sentencing rehabilitation a …

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by One of the parables that is constantly preached is that a trial judge has a "wide range of discretion" when it comes to awarding downward departures at sentencing, because he is in …

U.S. v. Russell, No. 95-5300 (6th Cir.) (76 F.3d 808) (March 1, 1996) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Russell, No. 95-5300 (6th Cir.) (76 F.3d 808) (March 1, 1996) (Judge Leroy J. Jr. Contie) by In this case the defendant, a now-former cop, was arrested and convicted of various drug and gun crimes, and he was ultimately sentence to 87 months in prison. His sentence was …