Search | Punch and Jurists

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by Here the Court rejected the defendant's claim that consideration of conduct from dismissed counts would seriously undermine the plea bargaining process and threaten the proportionality in sentencing that the Guidelines seek …

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz) by This case represents an important reminder of how the Government seeks to use the crimes it charges as the basis for sentencing. The defendant, a prisoner at the Lorton Reformatory in Virginia, …

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Putra, No. 94-10040 (9th Cir.) (110 F.3d 705) (April 1, 1997) (Per Curiam) by This is one of two Ninth Circuit decisions that were reversed by the Supreme Court's recent decision in U.S. v. Watts, 136 L.Ed.2d 554 (1997). At issue in both cases was the concept of …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by While the theme of this case is the ugly subject of murder, the principal issue raised transcends that heinous crime and explores an important facet of the use of so-called "bad …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin) by Court approved use of two uncharged murders for which defendant had previously been acquitted to increase sentence to life imprisonment. Wisely, Judge Boudin observed that this decision "as a matter of public perception …

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lombard, No. 96-1541 (1st Cir.) (102 F.3d 1) (December 4, 1996) (Judge Michael Boudin) by QUOTE OF THE WEEK - The scandal of using acquitted conduct to enhance a sentence. "Before Congress enacted the sentencing guidelines, individuals in this country could be deprived of their liberty only on …

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken) by This case addresses what the Court calls the "thorny, frequently litigated" issue of whether evidence of prior sexual abuse is admissible under Rule 404(b) of the Fed.R.Evid. in a sex abuse prosecution. …

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers) United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen) We have often said that, with the possible exception …

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen) by Quote of the Week - A fresh look at the Alice in Wonderland jurisprudence of the Guidelines: "Acquittal first, sentence afterwards." Perhaps the most noteworthy aspect of the Baylor case (cited above) …

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by Quote from Judge Wald in which she condemned, as fundamentally wrong, non-sensical, and constitutionally infirm the practice of basing sentences on conduct for which the defendant has been acquitted. QUOTE OF THE …

U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Behr, No. 95-6775 (11th Cir.) (93 F.3d 764) (September 5, 1996) (Per Curiam) by The Eleventh Circuit holds that uncharged conduct that occurred outside the statute of limitations period can be considered as relevant conduct to enhance a sentence; and in the process it cites decisions from Second, …

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Barber, No. 95-5238 (4th Cir.) (93 F.3d 1200) (August 23, 1996) (Judge James Dickson Jr. Phillips) by This is another case that shows the broad scope of "relevant conduct" as that term is used in U.S.S.G. § 1B1.3 of the Guidelines. Here, the Fourth Circuit joins the Second …

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Williams-Davis, No. 93-3100 (D.C. Cir.) (90 F.3d 490) (July 26, 1996) (Judge Stephen F. Williams) by In this case, during its openinf statement, the Government mentioned and attributed to defendants two murders - for which the defendants claimed that no evidence was thereafter introduced at trial. In analyzing …

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Putra, No. 94-10040 (9th Cir.) (78 F.3d 1386) (March 5, 1996) (Judge Proctor Jr. Hug) by The Court frames the issue in this case as "whether a judge can sentence a defendant for a crime of which the jury found her not guilty." In most countries in the …

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to use uncharged conduct at sentencing, the Government must establish, by a preponderance of evidence, a nexus between that conduct and the offense of conviction. This case …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court rejected a challenge based on the use of impermissible uncharged misconduct evidence, holding that the Court has often approved the use of prior narcotics involvement to prove motive and …

U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Byrd, No. 95-2979 (8th Cir.) (76 F.3d 194) (February 5, 1996) (Judge William W. Schwarzer) by In this case the Eighth Circuit considered whether it can deny a reduction for acceptance of responsibility based on criminal conduct unrelated to the crime of conviction - here, a urinalysis test …

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Patriarca, No. Cr. No. 89-289-MLW (D.Mass.) (912 F.Supp. 596) (December 1, 1995) (Judge Mark L. Wolf) by This is a case with a long and intricate history that raises some fascinating questions about the use of "relevant conduct" at sentencing. The defendant pled guilty to several RICO violations, …