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Article • January 1, 2006 • from P&J January, 2006
U.S. v. Duhon, No. 05-30387 (5th Cir.) (440 F.3d 711) (February 17, 2006) (Judge Fortunato P. Benavides) by Plaintiff United States appealed the United States District Court for the Western District of Louisiana's post-Booker, non-Guideline sentence after defendant pleaded guilty to one count of possessing child pornography in violation of …
Article • December 1, 2005 • from P&J December, 2005
U.S. v. Coyle, No. 04-1944 (8th Cir.) (429 F.3d 1192) (November 17, 2005) (Judge Steven M. Colloton) by After defendant entered a plea of guilty to a drug conspiracy charge, the Government filed a motion for a reduction in sentence based upon the substantial assistance that defendant provided for the …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Doe, No. 02-50445 (9th Cir.) (351 F.3d 929) (December 9, 2003) (Judge James C. Mahan) by This case addresses the scope of permissible factors that may be considered by a court in deciding whether to grant a Government motion to reduce a sentence pursuant to Rule 35(b) of …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Ahlers, No. 01-2570 (1st Cir.) (305 F.3d 54) (September 30, 1992) (Judge Bruce M. Selya) by In this case the Court held that a Government motion, pursuant to U.S.S.G. § 5K1.1, for a downward departure to reflect a defendant's substantial assistance does not remove the constraint of a …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by Here the Court held that, while there are no limitations on what factors a court may consider in deciding not to grant a Rule 35(b) sentence reduction, the only factor it may consider in …
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