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U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina) by Case vacated a sentence based on crack cocaine where evidence was insufficient to support conclusion that crack was reasonably forseeable and within scope of criminal activity of conspiracy. The two defendants in …

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt) by Here the Court held that the assertion of an entrapment defense is "not necessarily incompatible with acceptance of responsibility" under U.S.S.G. § 3E1.1. In this case, the defendant's PSI Report flatly stated that …

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown)

Article • August 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown) by Here's another case dealing with the Guideline's concept of Acceptance of Responsibility under § 3E1.1. In denying ad adjustment for acceptance of responsibility, the district court found that the defendant had admitted …

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse)

Article • July 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse) by This case reverses Judge Raggi's decision to increase a defendant's Criminal History Category under § 4A1.2 of the Guidelines by using prior convictions based on conduct that was part of the instant …

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy)

Article • January 1, 1994

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy) by This classic early Guidelines case, which challenged the constututionality of the Guidelines, is noted for Judge Merritt's dissent in which he forcefully argued that it was a violation of due process to …

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich) by For a contrary view, see U.S. v. Kirkland, 104 F.3d 1403 (D.C.Cir. 1997) - which sharply criticized this decision and held that "intent-based defenses" are contests over factual guilt and thus do …

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court stated: "We note that the district court could not have found that Davis had not accepted responsibility solely because he presented an entrapment defense at trial. In United States v. …