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U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein) by The defendant in this case was convicted of cash smuggling, 31 U.S.C. § 5332(a) and (b), making false statements 18 U.S.C. § 1001(a)(2), and conspiracy, 18 U.S.C. § 371 and he was …

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell) by Defendant was before the court for sentencing on the offense of sexual exploitation of a child in violation of 18 U.S.C.S. § 2251(a). The U.S. Supreme Court defined the "statutory maximum" for Apprendi …

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein) by

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez) by In this decision, the Ninth Circuit joined the judicial debate about the impact of Blakely v. Washington on the Federal Sentencing Guidelines. The defendant, Alfred Ameline, pled guilty to the possession of …

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker) by Rather that getting embroiled in the game of guessing what the Supreme Court meant - and how far its decision in Blakely v. Washington, 124 S.Ct. 2531 (2004) was intended to …

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart) by Defendant was convicted upon his plea to felon in possession of firearm and ammunition. In sentencing defendant, the court departed upward two levels based on its finding that a death resulted from the …

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon) by In this noteworthy decision, Judge McMahon patiently addressed and rejected a number of the Government's arguments regarding the impact of Blakely on the Federal Sentencing Guidelines. Among her conclusions, she stated: …

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam) by The defendant in this case pled guilty to using the Internet to persuade a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). The District Court sentenced defendant to …

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson) by Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the …

U.S. v. Ashley, No. 02-3931 (8th Cir.) (342 F.3d 850) (September 9, 2003) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Ashley, No. 02-3931 (8th Cir.) (342 F.3d 850) (September 9, 2003) (Judge Kermit Edward Bye) by The defendant in this case, Charles Ashley, pled guilty to a single count of receipt of pornographic materials involving minors, in violation of 18 U.S.C. § 2252(a)(2) and (b)(1); and he was …

U.S. v. Hill, No. 00-41259 (5th Cir.) (258 F.3d 355) (July 11, 2001) (Judge Carolyn Dineen King)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Hill, No. 00-41259 (5th Cir.) (258 F.3d 355) (July 11, 2001) (Judge Carolyn Dineen King) by Here the Court held that the term "distribution" as ussed in USSG § 2G1.1(b)(2) includes purely gratuitous distribution of child pornography and does not have to include the receipt of money or …

U.S. v. Hernandez-Guardado, No. 99-10342 (9th Cir.) (228 F.3d 1017) (September 7, 2000) (Judge Arthur L. Alarcon)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Hernandez-Guardado, No. 99-10342 (9th Cir.) (228 F.3d 1017) (September 7, 2000) (Judge Arthur L. Alarcon) by

U.S. v. Pavelcik, No. 99-50316 (9th Cir.) (2000 WL 1141096) (August 11, 2000) (Per Curiam)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Pavelcik, No. 99-50316 (9th Cir.) (2000 WL 1141096) (August 11, 2000) (Per Curiam) by The defendant in this case pled guilty “to mail fraud through telemarketing” pursuant to 18 U.S.C. § 1341 - a statute that provides for a statutory maximum penalty of 30 years imprisonment. The brief …

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes) by Here, joining the 10th Circuit, the First Circuit held the Guidelines’ 16-level sentencing enhancement for aliens convicted of a previous felony applies even if the defendant’s previous felony conviction was vacated subsequent …

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl) by All of the appellants in this case argued that the district court erred in imposing a six-level increase to their offense levels because more than 100 aliens were involved in their crime. …

U.S. v. Palmer, No. 98-30181 (9th Cir.) (183 F.3d 1014) (July 6, 1999) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Palmer, No. 98-30181 (9th Cir.) (183 F.3d 1014) (July 6, 1999) (Judge Sidney R. Thomas) by In this case the Ninth Circuit held that a sentence enhancement that complied literally with the plain language of U.S.S.G. § 2K2.1(a)(4)(A) and its commentary was nevertheless improper because the use of …

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener) by This case helps to put in perspective the impact of one commonly used sentencing enhancement. The case deals with a provision of the Guidelines (U.S.S.G. § 2K2.1(c)(1)(A)), which permits a sentencing …

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman) by The Court held: "We find that Sanders [U.S. v. Sanders, 162 F.3d 396] is controlling in the present case. Like Sanders, McDonald entered a pawn shop unarmed, stole firearms along with other …

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter) by The defendant pled guilty to transmitting child pornography by a computer in violation of 18 U.S.C. § 2252(a). He appealed his sentence contending that the district court should not have enhanced …

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman) by In this case the defendant burglarized a pawn shop during which he seized some firearms. There was no allegation that he possessed any firearms when he entered the pawnshop; but his theft …