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U.S. v. Stewart, No. 06-5015-cr (L) (2nd Cir.) (597 F.3d 514) (February 23, 2010) (Per Curiam)

Article • July 26, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Stewart, No. 06-5015-cr (L) (2nd Cir.) (597 F.3d 514) (February 23, 2010) (Per Curiam) by [Editor's Note: For a commentary on this ruling, see "2nd Circuit Denies En Banc Review of Lynne Stewart's Sentence," by Mark Hamblett, as published in the New York Law Journal on February 24, …

U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Within-Guidelines Sentence

U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson) by The Circuits continue to engage in fantastical debates about phantom distinctions and imaginary differences that they perceive exist in sentences imposed by the district courts; and the result of those highly …

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack) by The three opinions contained in this decision, comprising 191 pages, deal with the aftermath of the high-profile trial of Lynne Stewart, in which the famed defense attorney and two co-defendants were convicted, …

U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Within-Guidelines Sentence

U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam) by Here the Court declined to reconsider en banc an earlier decision which held that a within-Guidelines sentence was substantively unreasonable - over the dissent of five judges who were concerned about the precedential impact …

U.S. v. Olhovsky, No. 07-1642 (3rd Cir.) (562 F.3d 530) (April 16, 2009) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Child Pornography

U.S. v. Olhovsky, No. 07-1642 (3rd Cir.) (562 F.3d 530) (April 16, 2009) (Judge Theodore A. McKee) by Here the Court rejected as unreasonable a below Guidelines sentence imposed in a child pornography case because the district court failed to comport with the mandates of the so-called parsimony provision of …

U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes) by In a conviction following a guilty plea for bank burglary, principal sentence to seven years imprisonment pursuant to an upward departure is affirmed where: 1) U.S.S.G. section 2B2.1(b)(4) required only possession of …

U.S. v. MacMillen, No. 07-3377-cr (2nd Cir.) (544 F.3d 71) (September 23, 2008) (Judge Debra Ann Livingston)

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

Filed under: Punch And Jurists, Child Pornography

U.S. v. MacMillen, No. 07-3377-cr (2nd Cir.) (544 F.3d 71) (September 23, 2008) (Judge Debra Ann Livingston) by For a commentary on this decision, see "Conditional Love," by Steve Statsinger, as posted on Second Circuit Blog, at http://circuit2.blogspot.com/2008/09/conditional-love.html on Sept. 28, 2008, as set forth below under Case Summary. MacMillen …

U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam) by Here, for the second time, the Ninth Circuit threw out the 22-year sentence imposed on Algerian Ahmed Ressam for plotting to bomb Los Angeles International Airport on the eve of the millennium; and it …

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer) by In this consolidated appeal, two defendants sought review of their sentences which were imposed by the United States District Court for the District of Arizona and the United States District Court for …

U.S. v. Richardson, No. 05-7005-cr (2nd Cir.) (516 F.3d 145) (February 15, 2008) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Richardson, No. 05-7005-cr (2nd Cir.) (516 F.3d 145) (February 15, 2008) (Judge Roger J. Miner) by Sentence for conspiracy to distribute cocaine and cocaine base, which was substantially reduced premised on defendant's substantial assistance with the government, is vacated and remanded where: 1) the sentence departed approximately 93% …

U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton) by Here the Court upheld a substantial downward departure in a child pornography case, after concluding that the sentence was both reasonable (under the new appellate review standards) and properly premised on the …

U.S. v. Ministro-Tapia, No. 05-5101-pr (2nd Cir.) (470 F.3d 137) (November 28, 2006) (Judge John M. Jr. Walker)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Parsimony Principle or Clause

U.S. v. Ministro-Tapia, No. 05-5101-pr (2nd Cir.) (470 F.3d 137) (November 28, 2006) (Judge John M. Jr. Walker) by Since the Supreme Court’s decision in U.S. v. Booker, and the emphasis it placed on the “reasonableness” of a sentence, numerous commentators have noted that the appellate courts seem to have …

U.S. v. Claiborne, No. 05-2198 (8th Cir.) (439 F.3d 479) (February 27, 2006) (Judge James B. Loken)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Crack Cocaine

U.S. v. Claiborne, No. 05-2198 (8th Cir.) (439 F.3d 479) (February 27, 2006) (Judge James B. Loken) by The defendant in this case, Mario Claiborne, pled guilty to two counts of possession and distribution of 5.03 grams of crack cocaine. Since the offense to which he pled guilty exceeded - …

U.S. v. Kimbrough, No. 05-4554 (4th Cir.) (174 Fed.Appx. 798) (May 9, 2006) (Per Curiam)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Crack Cocaine

U.S. v. Kimbrough, No. 05-4554 (4th Cir.) (174 Fed.Appx. 798) (May 9, 2006) (Per Curiam) by Derrick Kimbrough pleaded guilty to distributing fifty or more grams of crack cocaine, distributing cocaine, conspiring to distribute fifty grams or more of crack cocaine, and possessing a firearm in connection with a drug …

U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Likens, No. 05-3917 (8th Cir.) (464 F.3d 823) (September 22, 2006) (Judge Roger L. Wollman) by The defendant in this case pled guilty to possession of a gun by a felon, and certain related crimes. His Guideline sentencing range was 15 to 21 months. However, after carefully reviewing …

U.S. v. Carty, No. 05-10200 (9th Cir.) (453 F.3d 1214) (July 17, 2006) (Judge Robert R. Beezer)

Article • August 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Carty, No. 05-10200 (9th Cir.) (453 F.3d 1214) (July 17, 2006) (Judge Robert R. Beezer) by

U.S. v. Collington, No. 05-4054 (6th Cir.) (461 F.3d 805) (August 31, 2006) (Judge Boyce F. Jr. Martin)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Collington, No. 05-4054 (6th Cir.) (461 F.3d 805) (August 31, 2006) (Judge Boyce F. Jr. Martin) by In his dissent in this case, Judge Gilman bitterly complained that this decision “marks the first time in a published opinion that [the Sixth Circuit] has sustained as reasonable a district …

U.S. v. McDonald, No. 05-1617 (8th Cir.) (461 F.3d 948) (September 5, 2006) (Judge Raymond W. Gruender)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. McDonald, No. 05-1617 (8th Cir.) (461 F.3d 948) (September 5, 2006) (Judge Raymond W. Gruender) by This decision is far more than just another routine appellate decision following the now well-established pattern of rejecting - almost automatically - sentences that fall below the sentencing range recommended by the …

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton) by The defendant in this case was indicted in 1999 and convicted in 2002 of two counts of bank fraud arising out of a false financial statement that he had submitted to a …

U.S. v. Hunt, No. 05-11671 (11th Cir.) (459 F.3d 1180) (August 10, 2006) (Judge Gerald B. Tjoflat)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Hunt, No. 05-11671 (11th Cir.) (459 F.3d 1180) (August 10, 2006) (Judge Gerald B. Tjoflat) by Jermaine Hunt was arrested and charged with possession and intent to distribute 22 grams of crack cocaine. He subsequently pled guilty to the facts contained in his indictment, without any plea agreement. …