Search | Punch and Jurists

U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Double Counting

U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …

U.S. v. Pringle, No. 01-14602 (11th Cir.) (350 F.3d 1172) (November 14, 2003) (Judge Charles R. Wilson)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Pringle, No. 01-14602 (11th Cir.) (350 F.3d 1172) (November 14, 2003) (Judge Charles R. Wilson) by The defendant was convicted for robbing a bank, use of a firearm during that robbery, and conspiracy to commit a burglary and six additional robberies. Defendant was personally involved in only the …

Payton v. Woodward, No. 00-99000 (9th Cir.) (346 F.3d 1204) (October 20, 2003) (Judge Richard A. Paez)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

Payton v. Woodward, No. 00-99000 (9th Cir.) (346 F.3d 1204) (October 20, 2003) (Judge Richard A. Paez) by The United States Supreme Court remanded an appeal by respondent warden to the court for further consideration of its affirmance of the district court's grant of petitioner inmate's 28 U.S.C.S. § 2254 …

U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Statutory Index

U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur) by Here the Court rejected, as clearly inappropriate, the automatic and mechanistic application of USSG § 2G2.2 to all the child pornography crimes covered in 18 USC § 2252A, holding that some …

U.S. v. Sromalski, No. 01-4236 (7th Cir.) (318 F.3d 748) (February 7, 2003) (Judge Diane P. Wood)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Statutory Index

U.S. v. Sromalski, No. 01-4236 (7th Cir.) (318 F.3d 748) (February 7, 2003) (Judge Diane P. Wood) by Defendant pled guilty to possession of child pornography in violation of 18 U.S.C.S. § 2252A(a)(5)(B). The United States District Court for the Western District of Wisconsin accepted the recommendation of the presentence …

U.S. v. Hamm, No. CRIM.A.3:02CR-49-H (W.D.Ky.) (281 F.Supp.2d 929) (September 8, 2003) (Judge John G. II Heyburn)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Hamm, No. CRIM.A.3:02CR-49-H (W.D.Ky.) (281 F.Supp.2d 929) (September 8, 2003) (Judge John G. II Heyburn) by In this case, Judge Heyburn rejected the Government’s request to impose the two-level sentencing enhancement permitted under U.S.S.G. § 2A3.2(b)(2)(B) (for unduly influencing a minor to engage in sexual activity) - on …

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor)

Article • October 6, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor) by This case was a consolidated case involving two separate defendants who had been charged under the previous version of § 924(c)(1) for "use and carry" of a firearm. The police …

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker) by The defendant in this case, Rafael Rodriguez, a drug “mule,” pled guilty to importing drugs from Panama. Pursuant to his plea agreement, the Government agreed not to oppose a two-level downward sentence …

U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Double Counting

U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch) by The defendant in this case appealed from an order of the District Court that denied his motion to modify his sentence, brought pursuant to 18 U.S.C.S. § 3582(c)(2). At issue was …

U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael) by Here the court vacated an abuse of trust enhancement under U.S.S.G. § 3B1.3 as any trust the investors placed in defendant was not based on a special relationship he had with them …

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold) by Here the Court held that a downward adjustment for minor participation, pursuant to U.S.S.G. § 3B1.2(b), was permissible even though the defendant was the only participant charged in the drug crime. The …

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson) by Here the Court adopted a sweeping and expansive definition of the term “playground” as used in the schoolyard drug laws, by holding that those provisions apply whenever one sells drugs near recreational …

U.S. v. Ruiz, No. 01 CR.864 (S.D.N.Y.) (246 F.Supp.2d 263) (November 27, 2002) (Judge Gerard E. Lynch)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Ruiz, No. 01 CR.864 (S.D.N.Y.) (246 F.Supp.2d 263) (November 27, 2002) (Judge Gerard E. Lynch) by The defendant in this case was convicted by a jury of two counts of conspiring to import the controlled substance methylenedioxymethamphetamine (commonly known as ecstasy) in violation of 21 U.S.C. § 963 …

U.S. v. Hansen, No. Crim. No. 01-10196-NG (D.Mass.) (256 F.Supp.2d 65) (February 14, 2003) (Judge Nancy Gertner)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Hansen, No. Crim. No. 01-10196-NG (D.Mass.) (256 F.Supp.2d 65) (February 14, 2003) (Judge Nancy Gertner) by The defendant in this case and a co-defendant stole a vehicle, which was later used in the robbery of an armed car and in the death of an armored guard. Although defendant …

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson) by Here, stating that “opportunity and access do not equate to authority,” the Tenth Circuit vacated an abuse of position of trust sentence enhancement of a defendant who worked in the accounting department …

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins) by The defendant was charged with being an unlawful drug user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3), and carrying a firearm during a drug trafficking crime, …

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly) by The defendant in this case appealed from a judgment of the District Court which denied his motion to dismiss the indictment against him and applied a four-level enhancement to his base …

U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch) by Here the Court addressed the proper method of determining whether to apply the fencing enhancement for being “in the business of receiving and selling stolen property,” as provided in U.S.S.G. § …

U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher) by Where a drug quantity finding as to reasonable foreseeability or scope of a conspiracy exposes a conspirator to a higher statutory maximum than he otherwise would face, that finding must be made …

U.S. v. Rebmann, No. 01-5610 (6th Cir.) (321 F.3d 540) (March 4, 2003) (Judge Gilbert S. Merritt)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Rebmann, No. 01-5610 (6th Cir.) (321 F.3d 540) (March 4, 2003) (Judge Gilbert S. Merritt) by Here the Court held that, under Apprendi, in order to apply the sentence enhancement under USSG § 2D1.1(a)(2), the Government had to prove that death resulted from the defendant's distribution of drugs …