Search | Punch and Jurists

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by The question presented here was whether statements by the defendant to which the prosecution has no access are discoverable under Rule 16(a)(1)(A). The Court ruled as follows: "To answer this the court …

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam) by Here the Court held that the trial court had improperly deferred to the Government's position about the quantity of drugs that were involved, without making its own findings and permiting the defendant to present …

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Tournier, No. 98-2446 (8th Cir.) (171 F.3d 645) (April 8, 1999) (Judge James B. Loken) by The single issue addressed in this case was whether the defendant qualified for the "safety valve" relief under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, after she repeatedly lied to the …

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch) by In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended …

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch) by In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended …

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole) by In this case, almost one year after the defendant's sentencing, the Sentencing Commission issued Amendment 500 which amended the application notes to § 3B1.1. According to the Commission, the amendment "clarifies" …

U.S. v. Comstock, No. 97-4399 (8th Cir.) (154 F.3d 845) (September 3, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Comstock, No. 97-4399 (8th Cir.) (154 F.3d 845) (September 3, 1998) (Judge David R. Hansen) by Case held that the sentencing court's use of a subsequent version of the Guidelines, rather than the version in effect when the defendant committed his crime, violated the Ex Post Facto Clause …

U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Gama-Bastidas, No. 97-4098 (10th Cir.) (142 F.3d 1233) (April 28, 1998) (Judge Monroe G. McKay) by For other cases in accord with this decision, see U.S. v. Shrestha, 86 F.3d 935 (9th Cir. 1996); U.S. v. Tournier, 171 F.3d 645 (8th Cir. 1999); and U.S. v. Schreiber (Bianco), …

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that the Government's statement at sentencing that defendant was not being truthful regarding additional quantities of drugs involved in his offense was not sufficient to bar defendant's eligibility for safety …

U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull) by Case held that a sentencing court's power to reduce a sentence based on a Guideline Amendment is discretionary. After the defendant filed to motion to have his sentence reduced on the basis …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by In granting a safety valve departure, the court emphasized that the defendants need only disclose what is known and that the Government cannot simply say "We don't believe the defendant" and …

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Carpenter, No. 96-5745 (6th Cir.) (142 F.3d 333) (April 17, 1998) (Judge Allen E. Norris) by Case held that a defendant's refusal to testify at criminal proceedings involving co-conspirators precluded him from receiving the benefit of a "safety valve" sentence reduction. The question presented in this case was …

U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell) by At issue in this case was Guideline Amendment 518 which became effective on November 1, 1995 and whether that Amendment merely clarified, or substantively changed, the method of calculating the weight or …

U.S. v. Ortiz, No. 96-1827 (2nd Cir.) (136 F.3d 882) (October 31, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ortiz, No. 96-1827 (2nd Cir.) (136 F.3d 882) (October 31, 1997) (Per Curiam) by Here the Court held that mere willingness to provide the Government with information does not suffice to make a defendant eligible for safety valve sentence reduction under USSG § 5C1.2. United States v. Ortiz, …

U.S. v. Contreras, No. 97-10163 (9th Cir.) (136 F.3d 1245) (February 25, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Contreras, No. 97-10163 (9th Cir.) (136 F.3d 1245) (February 25, 1998) (Judge John T. Jr. Noonan) by Here the Court held that for purposes of the safety valve disclosure obligations, a defendant's disclosure of information to the Probation Officer is not disclosure to "the Government" in the manner …

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by The issue in this case was whether a defendant, who qualified for a resentencing under the retroactive application of Guideline Amendment 516 (dealing with the weight of marijuana plants), was also eligible …

U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld) by Case held that a defendant is not entitled to retroactive application of the safety valve provisions of the law when he is resentenced due to amendments to the drug weight equivalency tables.

U.S. v. Sabir, No. 96-5626 (3rd Cir.) (117 F.3d 750) (June 30, 1997) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sabir, No. 96-5626 (3rd Cir.) (117 F.3d 750) (June 30, 1997) (Judge Morton I. Greenberg) by Stung by harsh criticism that the mandatory minimum drug statutes tended to treat low-level drug mules and high-level drug lords too much alike, in 1994 Congress enacted the so-called "safety-valve" provisions contained …

U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen) by This case reviews an important factor that must be considered by the courts when a defendant makes a motion for a sentence reduction after the Sentencing Commission has subsequently lowered the penalties …