Search | Punch and Jurists

U.S. v. Brooke, No. 01-3020 (D.C. Cir.) (308 F.3d 17) (October 25, 2002) (Judge Merrick B. Garland)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Age

U.S. v. Brooke, No. 01-3020 (D.C. Cir.) (308 F.3d 17) (October 25, 2002) (Judge Merrick B. Garland) by The principal message from this case is that the Guidelines “do not permit a downward departure for elderly defendants who are in good health.” (Id., at 22, n. 5.). Based principally on …

U.S. v. Norton, No. 01-CR-180 (E.D.Wisc.) (218 F.Supp.2d 1014) (August 15, 2002) (Judge Lynn S. Adelman)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Norton, No. 01-CR-180 (E.D.Wisc.) (218 F.Supp.2d 1014) (August 15, 2002) (Judge Lynn S. Adelman) by Here after a thorough review of the applicable standards for a "family circumstances" departure under USSG § 5H1.6, the Court granted a single mother of three sons a four level departure to enable …

U.S. v. Louis, No. 01-1836 (1st Cir.) (300 F.3d 78) (August 20, 2002) (Judge Kermit A. Lipez)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Louis, No. 01-1836 (1st Cir.) (300 F.3d 78) (August 20, 2002) (Judge Kermit A. Lipez) by Here the Court affirmed the denial of a downward departure due to extraordinary familiy circumstances under USSG § 5H1.6 based in the defendant's role model as a parent to a biracial child, …

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Physical Condition

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero) by In this case the Court held that the defendant was not entitled to a sentence departure based on “extraordinary physical impairment” due to his affliction with Gorlin Syndrome (recurrent jaw cysts) and other …

U.S. v. Dominguez, No. 01-1855 (3rd Cir.) (296 F.3d 192) (July 16, 2002) (Judge Richard L. Nygaard)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dominguez, No. 01-1855 (3rd Cir.) (296 F.3d 192) (July 16, 2002) (Judge Richard L. Nygaard) by The Guidelines provide that family ties and responsibilities (a Specific Offender Characteristic) “are not ordinarily relevant in determining whether a sentence should be imposed outside the applicable guideline range.” (U.S.S.G. § 5H1.6) …

U.S. v. Pereira, No. 01-1303 (1st Cir.) (272 F.3d 76) (December 3, 2001) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Pereira, No. 01-1303 (1st Cir.) (272 F.3d 76) (December 3, 2001) (Judge Juan R. Torruella) by In a significant decision, the First Circuit adopted a new per se rule in this case for determining when a downward departure at sentencing is permissible based on exceptional family circumstances pursuant …

U.S. v. LaCarubba, No. 01-CR-10033 (D.Mass.) (184 F.Supp.2d 89) (January 4, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. LaCarubba, No. 01-CR-10033 (D.Mass.) (184 F.Supp.2d 89) (January 4, 2002) (Judge Nancy Gertner) by In the 12/24/01 issue of P&J, we noted that the First Circuit had adopted a new per se rule for awarding downward departures based on extraordinary family circumstances (pursuant to U.S.S.G. § 5H1.6): the …

U.S. v. Reed, No. 00-1681 (6th Cir.) (264 F.3d 640) (August 31, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Reed, No. 00-1681 (6th Cir.) (264 F.3d 640) (August 31, 2001) (Judge Karen Nelson Moore) by In 1994, Rosalind Reed, a former criminal defense attorney from Detroit, MI, allowed her office to be used as a drop-off and pick-up point for some $200,000 in cash payments owed to …

U.S. v. Kloda, No. 00 CR. 879(AKH) (S.D.N.Y.) (133 F.Supp.2d 345) (March 7, 2001) (Judge Alvin K. Hellerstein)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Kloda, No. 00 CR. 879(AKH) (S.D.N.Y.) (133 F.Supp.2d 345) (March 7, 2001) (Judge Alvin K. Hellerstein) by Here the Court granted downward departures to a father and daughter in a tax fraud case based on a combination of factors including family circumstances in a decision that is noteworthy …

U.S. v. Link, No. 99 CR 153 (N.D.Ill.) (122 F.Supp.2d 907) (February 1, 2000) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Link, No. 99 CR 153 (N.D.Ill.) (122 F.Supp.2d 907) (February 1, 2000) (Judge Elaine E. Bucklo) by United States v. Kloda, 133 F.Supp.2d 345 (S.D.N.Y. 2001) (Judge Hellerstein) United States v. Link, 122 F.Supp.2d 907 (N.D.Ill. 2000) (Judge Bucklo) Under the Guidelines, sentencing departures based on family ties …

U.S. v. Guzman, No. 99-2169 (7th Cir.) (236 F.3d 830) (January 3, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Socio-Economic Status

U.S. v. Guzman, No. 99-2169 (7th Cir.) (236 F.3d 830) (January 3, 2001) (Judge Richard A. Posner) by We note this case for its discussion of a relatively new argument that we have seen raised in a number of cases recently - namely that a person’s “cultural heritage” is a …

U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes) by Here the Court reversed a downward departure that had been granted based on the defendant's extraordinary family circumstances and employment record, because the district court had used an improper comparision to determine …

U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Employment Record

U.S. v. Thompson, No. 00-1086 (1st Cir.) (234 F.3d 74) (December 8, 2000) (Judge Hugh H. Bownes) by Here the Court reversed a downward departure that had been granted based on the defendant's extraordinary family circumstances and employment record, because the district court had used an improper comparision to determine …

U.S. v. Serafini, No. 99-3994 (3rd Cir.) (233 F.3d 758) (November 28, 2000) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Serafini, No. 99-3994 (3rd Cir.) (233 F.3d 758) (November 28, 2000) (Judge Marjorie O. Rendell) by Proving that it never hurts to be rich and powerful, the Third Circuit affirmed, over the strong dissent of Judge Rosenn, a three level downward departure granted to a state legislator who …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by The two defendants in this case, William Norris and Jim Gee, were found guilty by a jury of numerous counts of mail fraud, wire fraud, conspiracy and other related crimes for their …

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Employment Record

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple) by In discussing the scope of permitted departures under U.S.S.G. § 5H1.5, the court stated that "for most defendants, holding a steady job is not extraordinary, but in fact expected. . . . …

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Jaderany, No. 99-2059 (7th Cir.) (221 F.3d 989) (July 21, 2000) (Judge Kenneth F. Ripple) by This case is noted because of its review of the law, particularly in the Seventh Circuit, dealing with downward departures based on family circumstances pursuant to USSG § 5H1.6, including when the …

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Sweeting, No. 99-3774 (3rd Cir.) (213 F.3d 95) (May 3, 2000) (Judge Morton I. Greenberg) by This is one of those depressing Guidelines cases that shows the evils of “sentencing by the numbers.” The defendant in this case, the single mother of five children, aged five through 14, …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Socio-Economic Status

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court reversed a downward departure based on the defendant's "overwhelming community support and service", concluding that the departure really involved the defendant's socio-economic status, a prohibited factor under USSG § …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court remanded for further findings a downward departure based on a series of ailments suffered by the defendant because the district court made no effort to ascertain whether the Bureau …