Search | Punch and Jurists

U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Willis, No. 96-3277 (11th Cir.) (139 F.3d 811) (April 20, 1998) (Per Curiam) by Court vacated a sentence on the grounds that permitting a departure based on a codefendant's sentence would "seriously undermine the goal of nationwide uniformity in the sentencing of similar defendants for similar federal offenses." …

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Contreras-Gomez, No. CR-95-2065-AAM (E.D.Wash.) (991 F.Supp. 1242) (January 8, 1998) (Judge Robert H. Whaley) by This is an important Guidelines departure case which proves the wisdom of Lord Acton's observation that "all power corrupts; and absolute power corrupts absolutely." It also shows the dangers of letting prosecutors act …

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here the Court held that the district court must impose a sentence falling within the Guidelines range notwithstanding his personal opinion that 'the Guideline range is disproportionate and unduly harsh'." (Id., at 407). …

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Snyder, No. 97-1233 (1st Cir.) (136 F.3d 65) (February 12, 1998) (Judge Bruce M. Selya) by In this case the First Circuit rejected Judge Harrington's eloquent call for reasonable restraints on the prosecution's ability to selectively single out certain State defendants for prosecution under higher-penalty federal crimes. When …

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold) by QUOTE OF THE WEEK - Sentences that can't be explained, justified or defended! "[T]he fundamental problem with the guidelines is not their attempt to guide judicial discretion or their severity, but their …

U.S. v. Blackwell, No. 96-8110 (10th Cir.) (127 F.3d 947) (October 14, 1997) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Blackwell, No. 96-8110 (10th Cir.) (127 F.3d 947) (October 14, 1997) (Judge Wade Brorby) by United States v. Meza, 127 F.3d 545 (7th Cir. 1997) United States v. Wong, 127 F.3d 725 (8th Cir. 1997) United States v. Blackwell, 127 F.3d 947 (10th Cir. 1997) One of the …

U.S. v. Meza, No. 95-2184 (7th Cir.) (127 F.3d 545) (October 17, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Meza, No. 95-2184 (7th Cir.) (127 F.3d 545) (October 17, 1997) (Judge Michael S. Kanne) by Departing from the norm, the Seventh Circuit ruled, in this case, that "unjustified" sentencing disparities between co-conspirators (i.e., disparities resulting from an an improper application of the guidelines) might warrant a downward …

U.S. v. Gallegos, No. 96-2240 (10th Cir.) (129 F.3d 1140) (November 14, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Gallegos, No. 96-2240 (10th Cir.) (129 F.3d 1140) (November 14, 1997) (Judge Stephen H. Anderson) by In the December 1, 1997 issue of Punch and Jurists, we reported on a case, U.S. v. Meza, 127 F.3d 545 (7th Cir. 1997), which we noted was the first published case …

U.S. v. Meza, No. 95-2184 (7th Cir.) (127 F.3d 545) (October 17, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Meza, No. 95-2184 (7th Cir.) (127 F.3d 545) (October 17, 1997) (Judge Michael S. Kanne) by QUOTE OF THE WEEK - Sentences that can't be explained, justified or defended! "[T]he fundamental problem with the guidelines is not their attempt to guide judicial discretion or their severity, but their …

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Wong, No. 97-1441WM (8th Cir.) (127 F.3d 725) (October 14, 1997) (Judge Richard S. Arnold) by United States v. Meza, 127 F.3d 545 (7th Cir. 1997) United States v. Wong, 127 F.3d 725 (8th Cir. 1997) United States v. Blackwell, 127 F.3d 947 (10th Cir. 1997) One of …

U.S. v. Weaver, No. 96-5849 (6th Cir.) (126 F.3d 789) (September 22, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Weaver, No. 96-5849 (6th Cir.) (126 F.3d 789) (September 22, 1997) (Judge Karen Nelson Moore) by The defendant here, a former letter carrier for the U.S. Postal Service, pled guilty to mail theft and credit card fraud; and her Guidelines' sentencing range was 12 to 18 months. At …

U.S. v. Molina, No. 94 CR 576 (E.D.N.Y.) (963 F.Supp. 213) (April 30, 1997) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Molina, No. 94 CR 576 (E.D.N.Y.) (963 F.Supp. 213) (April 30, 1997) (Judge Jack B. Weinstein) by At the conclusion of this decision, Judge Weinstein rhetorically asks: "Under the blindfold, does justice weep?" His unstated answer is clear. She weeps with increasing anguish and rage! The defendant in …

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by This decision is noted for Judge Evans's dissent in which he forcefully argued that, despite the goal of the Guidelines to eliminate sentencing disparities, we could not have more diaparities than we have today. …

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Booker, No. 96-2994 (7th Cir.) (115 F.3d 442) (May 23, 1997) (Per Curiam) by QUOTE OF THE WEEK - The myth of sentencing uniformity under the Guidelines. "One of the guidelines' selling points was that they would eliminate disparity in sentencing. But if you blindfolded a judge, spun …

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Maden, No. 96-2125 (10th Cir.) (114 F.3d 155) (June 2, 1997) (Judge James K. Logan) by Case reversed district court's finding that differences between sentences of 360 months and 36 months between co-defendants was a mitigating factor that authorized it to reduce sentence from 360 months to 240 …

U.S. v. Perkins, No. 95-5698 (4th Cir.) (108 F.3d 512) (March 10, 1997) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Perkins, No. 95-5698 (4th Cir.) (108 F.3d 512) (March 10, 1997) (Judge Donald S. Russell) by Here the Court reversed a downward departure granted to a black defendant on the basis that "symmetry and justice" required a lower sentence - even though the Government failed to object to …

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Kalb, No. 95-3342 (8th Cir.) (105 F.3d 426) (January 28, 1997) (Judge James B. Loken) by QUOTE OF THE WEEK - One of those hypothetical questions that will never be answered! "Do draconian sentences for first time offenders demanded by the [law] make any sense in the face …

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Blackwell, No. 94-CR-105-B (D.Wyo.) (944 F.Supp. 864) (October 17, 1996) (Judge Clarence A. Brimmer) by In this case, Judge Brimmer makes a a persuasive argument that disparate sentences imposed on similarly-situated defendants in the same case can sometimes constitute valid grounds for adjusting a sentence. This case, which …

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Withers, No. 95-5607 (4th Cir.) (100 F.3d 1142) (November 19, 1996) (Judge J. Harvie III Wilkinson) by In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" …

U.S. v. Meza, No. 95-2184 (7th Cir.) (76 F.3d 117) (January 29, 1996) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Meza, No. 95-2184 (7th Cir.) (76 F.3d 117) (January 29, 1996) (Judge Michael S. Kanne) by This case is cited principally because it holds that sentencing disparities between similarly situated defendants are not a valid basis for a downward departure under the Guidelines. After concluding that the Court …