Search | Punch and Jurists

U.S. v. Rodriguez, No. 96-2150 (1st Cir.) (112 F.3d 26) (April 30, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Rodriguez, No. 96-2150 (1st Cir.) (112 F.3d 26) (April 30, 1997) (Judge Sandra L. Lynch) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. …

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriquez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) …

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Whren, No. 95-3193 (D.C. Cir.) (111 F.3d 956) (May 6, 1997) (Judge Douglas Ginsburg) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriquez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) …

U.S. v. Rostoff, No. Civ. No. 96-10558 (WGY) (D.Mass.) (956 F.Supp. 38) (January 13, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Rostoff, No. Civ. No. 96-10558 (WGY) (D.Mass.) (956 F.Supp. 38) (January 13, 1997) (Judge William G. Young) by Here, in affirming the Givernment's right to collect restitution after the end of supervised release, the Court held that the VWPA cannot have been intended to mean that restitution obligations …

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Lowenstein, No. 96-1505 (6th Cir.) (108 F.3d 80) (February 25, 1997) (Judge Cornelia G. Kennedy) by One of the pretend rules that exists in our criminal justice system is that a defendant has a right to a reasonable expectation of finality about his sentence once his sentence is …

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner) by Here the Seventh Circuit joined the minority view that on a sentencing remand only those issues arising out of the sentence ordered by the Court of Appeals could be raised in a …

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Goggins, No. 96-3154 (3rd Cir.) (99 F.3d 116) (October 30, 1996) (Judge Morton I. Greenberg) by

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman) by Case held that, after the initial sentencing, the district court lacked the authority to alter the original sentence; and that such an amendment violated the "law of the case" doctrine.

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Abreu-Cabrera, No. 95-1663, No. 1463 (2nd Cir.) (94 F.3d 47) (August 26, 1996) (Judge Jon O. Newman) by Case held that, after the initial sentencing, the district court lacked the authority to alter the original sentence; and that such an amendment violated the "law of the case" doctrine. …

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker) by This case examines, once again, the authority of the courts to modify illegally imposed sentences after they have been imposed. Here, Judge Mukasey originally sentenced the defendant to 12 concurrent …

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker) by Although the court agreed that the district court did not have the power to correct a previously imposed sentence, even if wrong, it also held that the appeals court could …

U.S. v. Tabares, No. 95-5509 (3rd Cir.) (86 F.3d 326) (June 19, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Tabares, No. 95-5509 (3rd Cir.) (86 F.3d 326) (June 19, 1996) (Judge Dolores K. Sloviter) by Oops! Here's another sentencing blooper case. In this case, Judge Wolin castigated the defendant at sentencing for her lack of remorse and for not having learned from her prior conviction and prison …

U.S. v. Jennings, No. 95-3317 (6th Cir.) (83 F.3d 145) (May 8, 1996) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Jennings, No. 95-3317 (6th Cir.) (83 F.3d 145) (May 8, 1996) (Judge Cornelia G. Kennedy) by Here the Sixth Circuit adopted the majority view that sentencing following remand should be conducted de novo and is not limited only to the reasons for the remand.

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin) by This pre-Guidelines sentencing appeal principally involves the very scary proposition that sentencing judges have the right, sua sponte, to increase a defendant's sentence long after it was originally imposed. While facts are rather …

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Lilly, No. 95-2191 (1st Cir.) (80 F.3d 24) (April 3, 1996) (Judge Michael Boudin) by This pre-Guidelines sentencing appeal principally involves the very scary proposition that sentencing judges have the right, sua sponte, to increase a defendant's sentence long after it was originally imposed. While facts are rather …

U.S. v. Atehortva, No. 94-1537, No. 1485 (2nd Cir.) (69 F.3d 679) (November 1, 1995) (Judge John M. Jr. Walker)

Article • December 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Atehortva, No. 94-1537, No. 1485 (2nd Cir.) (69 F.3d 679) (November 1, 1995) (Judge John M. Jr. Walker) by Here the Second Circuit adopted the majority view that sentencing following a remand should be conducted de novo and is not limited only to the reasons for remand. Sometimes …

U.S. v. Pipitone, No. 94-1690, No. 1637 (2nd Cir.) (67 F.3d 34) (October 3, 1995) (Judge J. Daniel Mahoney)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Pipitone, No. 94-1690, No. 1637 (2nd Cir.) (67 F.3d 34) (October 3, 1995) (Judge J. Daniel Mahoney) by Case held that, despite district court's statement that it had misapprehended its legal authority at the time of the initial sentence, the district court had no authority to modify the …

U.S. v. Ekwunoh, No. Cr 91-684 (E.D.N.Y.) (888 F.Supp. 364) (May 30, 1995) (Judge Jack B. Weinstein)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Ekwunoh, No. Cr 91-684 (E.D.N.Y.) (888 F.Supp. 364) (May 30, 1995) (Judge Jack B. Weinstein) by Here the Court held that where both the Government and the defense agreed that the ten year sentence mandated by the Court of Appeals was excessive, it would withhold reimposition of sentence …

U.S. v. Spinelle, No. 93-2481 (6th Cir.) (41 F.3d 1056) (December 7, 1994) (Judge Nathaniel R. Jones)

Article • January 1, 1995

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Spinelle, No. 93-2481 (6th Cir.) (41 F.3d 1056) (December 7, 1994) (Judge Nathaniel R. Jones) by Case held that statute mandating the imposition of a thre-year term of supervised release did not deprive the court of its discretionary authority under 18 U.S.C. § 3583(e)(1) to terminate the supervised …

Rodriguera v. U.S., No. 89-56205 (9th Cir.) (954 F.2d 1465) (January 14, 1992) (Judge Robert Boochever)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Authority to Modify

Rodriguera v. U.S., No. 89-56205 (9th Cir.) (954 F.2d 1465) (January 14, 1992) (Judge Robert Boochever) by Case held that the provisions of 18 U.S.C. § 3582(e)(2) , which authorize modification of a term of supervised release, apply to the term of supervised release that the defendant received under 21 …