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Article • December 1, 1997 • from P&J December, 1997
U.S. S.E.C. v. Monarch Funding Corporation, No. 85 Civ. 7072(LBS) (S.D.N.Y.) (983 F.Supp. 442) (October 28, 1997) (Judge Leonard B. Sand) by Speaking of the iron will and steel fist of Judge Lechner, this case indirectly involves another one of his proverbial sentences. Here, one Richard Bertoli was charged with …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Palomo, No. 94-20953 (5th Cir.) (80 F.3d 138) (March 28, 1996) (Judge James L. Dennis) by This case explores the question whether a defendant has a constitutional right to the assistance of counsel in a proceeding to reduce his sentence under Rule 35(b) of the Fed.R.Crim.P. After reviewing …
Article • October 1, 1995
U.S. v. Benlian, No. 94-50130 (9th Cir.) (63 F.3d 824) (August 10, 1995) (Judge Edward Leavy) by This case says a lot about the System's concern for the sentencing process in America and it calls to mind the prescient words of Judge Weinstein who noted that "for the defendant the …
Article • January 1, 1994
U.S. v. Herrera-Figueroa, No. 89-50660 (9th Cir.) (918 F.2d 1430) (November 14, 1990) (Judge Stephen Reinhardt) by Case held that a sentence had to be vacated because the probation officer refused to allow the defendant's attorney to be present at the presentence interview to advise his client.
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