Search | Punch and Jurists

U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley) by Here the Court rejected a Government claim that three participants should have received a four-level increase under USSG § 3B1.1(a) absent a finding of criminal responsibility, stating that knowing what is going …

U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross) by This case notes an interesting limitation on the use of the three-level sentence enhancement referred to in U.S.S.G. § 3B1.1(b) for being a "manager or supervisor" of a criminal activity. The …

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner) by In this case, the defendant objected to a recommendation contained in the Presentence Report that he was a manager of a cocaine business. After a sentencing hearing, the district court concluded that …

U.S. v. Valdez-Arieta, No. 97-8014 (10th Cir.) (127 F.3d 1267) (October 29, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Valdez-Arieta, No. 97-8014 (10th Cir.) (127 F.3d 1267) (October 29, 1997) (Judge David M. Ebel) by Case held that role as "organizer" does not require proof that defendant exercised control over subordinates. The principal issue raised on this appeal was whether the district court had erred by imposing …

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, Aggravating Role

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 upheld for being an organizer or leader of a criminal activity that was "otherwise extensive" even though Government did not argue that five …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by Court rejected expansion of enhancement to a type of "leadership role" that was not supported by a "real and direct" influence.

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold) by Case held that "fronting" (i.e., allowing co-conspirators to buy drugs on credit) is not alone sufficient to justify the imposition of a sentence enhancement for being a leader or organizer.

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam) by Court reversed district court finding that a person was not a leader because a co-defendant played a larger role in the conspiracy.

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy) by This decision contains a detailed discussion of Guideline Amendment No. 500, and particularly Application Note 2 to the Commentary to § 3B1.1, which "was added to clarify confusion amongst the circuit courts …

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter) by This decision contains a detailed analysis of the meaning of "violation of any judicial process" as used in § 2F1.1(b)(4)(B) - formerlly codified at § 2F1.1(b)(3)(B) - of the Guidelines. Here, …

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey) by This case deals with the sentence enhancement provided for in U.S.S.G. § 3B1.1(a) which directs the sentencing court to increase a defendant's sentence by four levels "if the defendant was an organizer …

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth) by Here the Court reversed an enhancement under § 3B1.1(c) emphasizing that the defendant's status as a police sergeant was not alone sufficient to warrant that enhancement; the key is the defendant's role …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Among the many issues raised in this credit card fraud case (which involved the de rigueur charges of wire fraud, money laundering, conspiracy and related offenses), was a Guidelines issue about …

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by One of the many issues raised in this tax case was whether the district court had erred by imposing a three level enhancement to the defendant's sentence for his role as a …

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by Case held that sentencing court did not err in determining that defendant acted as organizer, despite his contention that he acted alone, since the PSI Report indicated that other family members were …

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by In reversing a four-level enhancement for being an organizer or leader of the criminal activity, the Court emphasized that it is not sufficient to show that the defendant played an "important …

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes) by Court vacated a three level enhancement, holding that management responsibility over property, assets or activities is not a valid basis for such an enhancement. If nothing else, this case proves that interpreting …

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore) by This is an interesting case in which Judge Moore rejects a Government effort to increase the defendant's sentence under U.S.S.G. § 3B1.1 because of his alleged "aggravating role" in a money laundering caper. …

U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs) by The sole question raised on this appeal was whether the defendant met the requirements set out both in 18 U.S.C. § 3553(f)(4) and U.S.S.G. § 5C1.2(4) and therefore was eligible for a …

U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Frankhauser, No. 95-1560 (1st Cir.) (80 F.3d 641) (April 9, 1996) (Judge Hugh H. Bownes) by In this case the First Circuit reversed a trial court decision to enhance a defendant's sentence for his role as a supervisor or organizer of one other participant. The Court noted that …