Search | Punch and Jurists

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore) by

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya) by There were two Apprendi claims raised in this direct appeal. The defendant was convicted of two drug counts involving the illegal importation of cocaine. On appeal, he argued, inter alia, that the …

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that where a conviction for one count of conspiracy to distribute at least five kilograms of cocaine subsumes defendant's conviction on other counts of the conspiracy, a sentence …

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz) by Here the Fourth Circuit held that there was no Apprendi error in imposing a five year term of supervised release on the defendant under 21 USC § 841(b)(1)(C), disagreeing with the 5th …

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garnett, No. 99-4818 (4th Cir.) (243 F.3d 824) (March 13, 2001) (Judge J. Michael Luttig) by In Chapter One of the Guidelines Manual, the Sentencing Commission readily acknowledged that “[a] sentencing system tailored to fit every conceivable wrinkle of each case would quickly become unworkable and seriously compromise …

U.S. v. Nordby, No. 99-10191 (9th Cir.) (225 F.3d 1053) (September 11, 2000) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Nordby, No. 99-10191 (9th Cir.) (225 F.3d 1053) (September 11, 2000) (Judge Jr. William C. Canby) by This decision is one of the most significant Apprendi decisions that we have seen to date - in part because it discards any political message and simply analyzes Apprendi on the …

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg)

Article • July 3, 2000

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg) by As stated by Justice Ginsberg, in her opinion, "This case presents a question of statutory interpretation regarding revocation of a federal sentence of probation. The law at issue provides that …

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hudson, No. 99-1035 (6th Cir.) (207 F.3d 852) (March 30, 2000) (Judge Martha Craig Daughtrey) by In this case the defendant originally pled guilty to a charge of theft of Government property and he was sentenced to a term of two years probation. The decision does not disclose …

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Davis, No. 98-3574 (6th Cir.) (187 F.3d 528) (August 9, 1999) (Judge Leroy J. Jr. Contie) by Here the Court held that a defendant, who had received a maximum two-year term of imprisonment following revocation of supervised release, could not in addition be sentenced to a new term …

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch) by The defendant contended that the court should have used the Guideline sentencing range - and not the mandatory minimum sentence - as the starting point for his § 5K1.1 departure - relying …

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Jackson, No. 98-10197 (9th Cir.) (176 F.3d 1175) (May 11, 1999) (Per Curiam) by See also U.S. v. Cotroneo, 89 F.3d 510 (8th Cir. 1996), U.S. v. Quinones, 136 F.3d 1293 (11th Cir. 1998, and U.S. v. Johnson, 138 F.3d 115 (4th Cir. 1998) - all of which …

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hoover, No. 98-2992 (7th Cir.) (175 F.3d 564) (April 28, 1999) (Judge Joel L. Flaum) by Here the Court held that a district court has the authority, under the Victim and Witness Protection Act, to order restitution for the costs of court-appointed counsel and to order surrender of …

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Forbes, No. 98-10259 (9th Cir.) (172 F.3d 675) (April 1, 1999) (Judge John T. Jr. Noonan) by Here the Court vacated a sentence of five years probation with a special condition of six months imprisonment as inconsistent with the provisions of 18 USC § 3561; and that it …

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Walker, No. CR No. 98-21-N (M.D.Ala.) (32 F.Supp.2d 1305) (December 28, 1998) (Judge Myron H. Thompson) by In this case, Judge Thompson held that the provisions of 18 U.S.C. §§ 3583(b), (e)(3) and (h) impose a finite limit on the amount of time for which a defendant may …

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by While the Court acknowledged a Circuit split on the issue, it cited its holding in U.S. v. Page, 131 F.3d 1173 (6th Cir. 1997) as binding precedent - and concluded that "except …

U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Minneman, No. 97-2624 (7th Cir.) (143 F.3d 274) (April 17, 1998) (Judge Terrence T. Evans) by Here the Court held that the Victim and Witness Protection Act does not authorize restitution for Title 26 tax offenses (id., at 284).

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth) by Case held that sentencing court is not authorizied to order restitution to the FBI as a condition of supervised release.

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Quinones, No. 96-9442 (11th Cir.) (136 F.3d 1293) (March 11, 1998) (Per Curiam) by Here the Court held that the district court was authorized to impose two consecutive terms of imprisonment on a parolee following his violation of a condition of two separate terms of supervised release that …

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Marvin, No. 96-2721 (7th Cir.) (135 F.3d 1129) (February 3, 1998) (Judge John L. Coffey) by

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …