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U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Blake, No. 95-5273 (4th Cir.) (81 F.3d 498) (April 18, 1996) (Judge William W. Jr. Wilkins) by Court affirmed that definition of "victims" is narrower under the VWPA than under the Guidelines.

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin) by This en banc decision reverses both a prior decision in the same case (U.S. v. Caron, 64 F.3d 713 (1st Cir. 1995) and an earlier decision on the same issues, U.S. v. …

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Kones, No. 95-1434 (3rd Cir.) (77 F.3d 66) (February 20, 1996) (Judge Walter K. Stapleton) by The defendant in this case was a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania when a grand jury indicted him on 200 counts of mail fraud in violation …

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis) by For a contrary view, with which this court took issue, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995). Here the Court held that when Congress suspended appropriations to the ATF …

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam) by Citing a 1992 D.C. Circuit case, the Second Circuit raises an interesting possibility for a downward departure motion on the basis that the sentence violates the Eighth Amendment. It notes that "unless the disproportionality …

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson)

Article • December 1, 1995

Filed under: Punch And Jurists, Restoration of Civil Rights

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson) by In this case, the Third Circuit held that, notwithstanding Congress' refusal to appropriate funds to the ATF to investigate applications for restoration of federal firearms privileges, the …

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan) by QUOTE OF THE WEEK - The absurdity of some of the Guideline's enormous sentences. "In my judgment, this sort of massively heavy punishment cannot be justified in a civilized society, unless …

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Blackman, No. 91-6112 (11th Cir.) (66 F.3d 1572) (October 20, 1995) (Judge James Larry Edmondson) by QUOTE OF THE WEEK - The absurdity of some of the Guideline's enormous sentences. "In my judgment, this sort of massively heavy punishment cannot be justified in a civilized society, unless there …

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan) by United States v. Myers, 66 F.3d 1364 (4th Cir. 1995) United States v. Blackman, 66 F.3d 1572 (11th Cir. 1995) Both of these cases graphically demonstrate the "lock-em up and throw …

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch)

Article • September 1, 1995

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch) by This is a case dealing with a Ponzi-type scheme, and the restitution issue is which of the investors are "victims" for the purposes of the Victim and Witness Protection Act (18 …

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya) by Another multi-issue case which is cited because the court attempts to justify a truly astonishing sentence of 660 years based on the imposition of numerous consecutive sentences for money laundering. The sentence …

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Saccoccia, No. 93-1618 (1st Cir.) (58 F.3d 754) (June 28, 1995) (Judge Bruce M. Selya) by Another multi-issue case which is cited because the court attempts to justify a truly astonishing sentence of 660 years based on the imposition of numerous consecutive sentences for money laundering. The sentence …

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart)

Article • May 1, 1995

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Case held that court can order restitution to all the victims of a "scheme", including those not named in the Indictment.

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright)

Article • January 1, 1994

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright) by Case held that state law determines both the admissibility of a prior state conviction as a predicate offense under § 922(g) and the scope of the Federal prohibition on firearms possession.

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew)

Article • January 1, 1994

Filed under: Punch And Jurists, Victims - Generally

U.S. v. DeSalvo, No. 93-10686 (9th Cir.) (41 F.3d 505) (November 30, 1994) (Judge Ronald S.W. Lew) by This case is noted for its discussion of the scope of the amendments to the Federal restitution statutes in 1990, following the Supreme Court's Hughey decision, and its affirmance of the principle …