Search | Punch and Jurists

U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman) by The defendant in this case, Fatima Peyton, was tried for and convicted of eight counts of falsely procuring credit cards in the names of fellow postal workers, in order to obtain goods …

Mickens-Thomas v. Vaughn, No. 03-3714 (3rd Cir.) (355 F.3d 294) (January 14, 2004) (Judge Max Rosenn)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Mickens-Thomas v. Vaughn, No. 03-3714 (3rd Cir.) (355 F.3d 294) (January 14, 2004) (Judge Max Rosenn) by Here the Court held that, due to a combination of willful noncompliance, bad faith, and a sufficient inference of retaliation or vindictiveness on the part of the Pennsylvania Board of Probation and Parole, …

U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Evans, No. 02-1806 (8th Cir.) (314 F.3d 329) (December 24, 2002) (Judge James B. Loken) by Here the majority held that the imposition of the same 396 month sentence following a successful appeal and resentencing was not a vidictive sentence within the meaning of North Carolina v. Pearce …

Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist)

Article • August 5, 2002

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist) by The respondent/prisoner in this case plead guilty to burglary and rape, and was sentenced to 30 year consecutive terms. The guilty pleas were subsequently overturned on appeal, and the prisoner …

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner) by In holding that a new sentence, five months longer that the sentence that the court had previously vacated, did not warrant relief based on a presumption of vindictiveness, the Court stated: "Even …

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy) by The defendant in this case was found guilty at trial of being a felon in possession of a firearm, and he was sentenced to 77 months in prison, which included a two-level …

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger)

Article • July 21, 2001

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger) by In this case the defendant, upon retrial, chose to be sentenced by a judge rather than by the jury. The judge ultimately imposed a harsher sentence than had been imposed …

U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny) by

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner) by Here the Court vacated a harsher sentence imposed on a defendant following a successful appeal, holding that the court’s subjective reasons for the increased sentence were not sufficient to overcome a …

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero) by This case involves the re-sentencing of one of the lesser-known defendants who was prosecuted for his involvement with Timothy McVeigh and Terry Nichols in the bombing of the Murrah Federal Building in Oklahoma …

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby) by The defendant in this case was convicted of various drug crimes involving the distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846. He was originally sentenced to a …

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin) by In 1996, the defendant in this case, while on parole from a 1981 District of Columbia conviction, was arrested and charged with being a felon in possession of a firearm. Three times …

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell)

Article • February 2, 2000

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell) by In North Carolina v. Pearce, 395 U.S. 711(1969), the Supreme Court established the principle of presumptive vindictiveness by announcing a prophylactic rule requiring that "whenever a judge imposes a more …

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw) by Here the Court held that when the Parole Commission imposed a significantly harser sentence on a prisoner, after he had been successful in two prior habeas proceedings, it engaged in conduct that …

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay) by In 1969 the Supreme Court held that Constitutional due process "requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives …

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger)

Article • June 1, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger) by Here the Court expounded on its decision in North Carolina v. Pearce, 395 U.S. 711, and explained the kinds of reasons that a sentencing court may advance to justify a …

U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris) by It’s an old story; and, as this case proves, there is virtually nothing that a defendant can do about it. The defendant in this case was convicted of armed bank robbery. The …

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam) by The government appealed the district court's dismissal with a three-count indictment charging the defendant with various weapons violations based upon the district court's finding of vindictive prosecution. The district court relied upon a sequence …

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Rapal, No. 97-10287 (9th Cir.) (146 F.3d 661) (June 1, 1998) (Judge Pamela Ann Rymer) by This is a rare case in which the court held that a second sentence imposed after a prior remand was vindictive, and affirmed that vindictiveness can play no part in resentencing after …

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by After one defendant pled guilty and received a 36 month sentence, the court granted a significant downward departure on numerous grounds when the government sought sentences of 188 to 235 months …