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U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by This case is noted for its detailed examination of a very complex Guidelines concept: Can a "prior sentence" be used both to determine a defendant's base offense level under U.S.S.G. § 1B1.3 …

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Wilson, No. 98-1906 (8th Cir.) (177 F.3d 712) (June 2, 1999) (Judge Pasco M. II Bowman) by Here the Court held that testimony about the defendant's prior drug running activities was not prior bad act evidence, but evidence of the charged conspiracy. Citing cases the Court held that …

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phelps, No. 98-1226 (8th Cir.) (168 F.3d 1048) (February 4, 1999) (Judge Pasco M. II Bowman) by The Court ruled: " In this case, the district court did not abuse its discretion when it admitted evidence relating to Phelps's actions immediately before and after the shooting. " '[B]ad …

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. LaValle, No. 98-55037 (9th Cir.) (175 F.3d 1106) (February 12, 1999) (Judge Melvin Brunetti) by Here the Ninth Circuit joined with the First, Fourth, Fifth and Tenth Circuits in holding that a defendant who successfully attacks a state conviction may seek Federal habeas relief of a Federal sentence …

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Laihben, No. 96-5174 (11th Cir.) (167 F.3d 1364) (February 18, 1999) (Judge Susan H. Black) by The defendant in this case was convicted of a conspiracy to make false statements to a federally licensed firearms dealer, in violation of the old reliable 18 U.S.C. § 371. Two years …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (166 F.3d 943) (January 26, 1999) (Judge Stephen S. Trott) by This revised decision, which was first discussed in the Jan. 11, 1999 issue of P&J, is noted because one of the issues addressed was whether it was proper to admit evidence to …

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Neill, No. 97-30383 (9th Cir.) (161 F.3d 1219) (December 2, 1998) (Judge Stephen S. Trott) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Pugh, No. 97-3133 (D.C. Cir.) (158 F.3d 1308) (October 23, 1998) (Judge Harry T. Edwards) by In one of those telling examples of form over substance, the Court stated: "We believe that the language of § 2K2.1(a) tends to support Pugh's interpretation but is nevertheless ambiguous with respect …

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court vacated conviction as "career offender", because of its prior ruling that the pre-1995 version of § 4B1.1 did not apply to crimes not listed in 18 U.S.C. § 994(h).

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter) by Here the Court disagreed with Second Circuit's decision in U.S. v. Collado, 106 F.3d 1097 (2nd Cir. 1997) that 21 USC § 851(a)(2) was ambiguous; and thus applied sentencing enhancement.

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson) by Sale of alcohol to a minor, for which the defendant received a $340 fine, is not excludable from Criminal History Category as a "similar" crime as used in Sec. 4A1.2(c)(1). Case …

U.S. v. Gray, No. 97-1148 (8th Cir.) (126 F.3d 1109) (October 10, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Gray, No. 97-1148 (8th Cir.) (126 F.3d 1109) (October 10, 1997) (Judge George G. Fagg) by United States v. Roy, 126 F.3d 953 (7th Cir. 1997) United States v. Gray, 126 F.3d 1109 (8th Cir. 1997) Ever vigilant in its role of ridding the streets of America of …

U.S. v. Roy, No. 96-1920 (7th Cir.) (126 F.3d 953) (September 29, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Roy, No. 96-1920 (7th Cir.) (126 F.3d 953) (September 29, 1997) (Judge Michael S. Kanne) by United States v. Roy, 126 F.3d 953 (7th Cir. 1997) United States v. Gray, 126 F.3d 1109 (8th Cir. 1997) Ever vigilant in its role of ridding the streets of America of …

U.S. v. Fernandez, No. 06-1655 (1st Cir.) (121 F.3d 777) (August 6, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Fernandez, No. 06-1655 (1st Cir.) (121 F.3d 777) (August 6, 1997) (Judge Steven J. McAuliffe) by The defendant in this case argued that a prior assault and battery conviction should not have been counted in deciding his career offender status, because neither violence, nor the use of force, …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one …

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam) by One of this issues raised in this case was whether the district court had erred when it granted a downward departure in part because of a "possible miscalculation" in the defendant's prior sentence. The …