Search | Punch and Jurists

U.S. v. Hamilton, No. 6:05-cr-157-ORL (M.D.Fla.) (428 F.Supp.2d 1253) (March 16, 2006) (Judge Gregory A. Presnell)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Hamilton, No. 6:05-cr-157-ORL (M.D.Fla.) (428 F.Supp.2d 1253) (March 16, 2006) (Judge Gregory A. Presnell) by Here Judge Presnell added another powerful and articulate voice to the ongoing debate about what he called the “radical” sentencing disparity that exists under the Guidelines for crimes involving crack cocaine versus crimes …

U.S. v. Jimenez-Beltre, No. 05-1268 (1st Cir.) (440 F.3d 514) (March 9, 2006) (Judge Michael Boudin)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Jimenez-Beltre, No. 05-1268 (1st Cir.) (440 F.3d 514) (March 9, 2006) (Judge Michael Boudin) by At the beginning of this much awaited decision, Judge Boudin explained that the First Circuit had agreed to rehear this case en banc “to provide stable guidance in this circuit for the determination …

U.S. v. Moreland, No. 05-4476 (4th Cir.) (437 F.3d 424) (February 22, 2006) (Judge William W. Jr. Wilkins)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Moreland, No. 05-4476 (4th Cir.) (437 F.3d 424) (February 22, 2006) (Judge William W. Jr. Wilkins) by Here the Court vacated the sentence of 96 months imposed on the defendant and remanded with instructions that the district court impose a new sentence of "no less than 20 years …

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam)

Article • January 1, 2006 • from P&J November, 2006

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

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Eura, No. 05-4437 (4th Cir.) (440 F.3d 625) (January 24, 2006) (Judge Clyde H. Hamilton)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Eura, No. 05-4437 (4th Cir.) (440 F.3d 625) (January 24, 2006) (Judge Clyde H. Hamilton) by IThe principal issue addressed by the Court in this case was “whether a district court in the post-Booker world can vary from the advisory sentencing range under the Guidelines by substituting its …

U.S. v. Cooper, No. 05-1447 (3rd Cir.) (437 F.3d 324) (February 14, 2006) (Judge Anthony J. Scirica)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Cooper, No. 05-1447 (3rd Cir.) (437 F.3d 324) (February 14, 2006) (Judge Anthony J. Scirica) by Defendant challenged a decision from the United States District Court for the Middle District of Pennsylvania, which entered a sentence in a drug case. Defendant was sentenced at the highest end of …

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam)

Article • January 1, 2006 • from P&J January, 2006

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

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple)

Article • December 1, 2005 • from P&J December, 2005

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

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple) by In this case, the Court affirmed the continuing validity of using acquitted conduct to determine a defendant's sentence post-Booker, even though the use of such factors at sentencing led to an increase …

U.S. v. Valencia-Aguirre, No. 8:03-cr-445-T-23EAJ (M.D.Fla.) (409 F.Supp.2d 1358) (January 9, 2006) (Judge Steven D. Merryday)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Valencia-Aguirre, No. 8:03-cr-445-T-23EAJ (M.D.Fla.) (409 F.Supp.2d 1358) (January 9, 2006) (Judge Steven D. Merryday) by

U.S. v. Mickelson, No. 05-2324 (8th Cir.) (433 F.3d 1050) (January 6, 2006) (Judge Diana E. Murphy)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Mickelson, No. 05-2324 (8th Cir.) (433 F.3d 1050) (January 6, 2006) (Judge Diana E. Murphy) by Defendant appealed from the sentence imposed by the United States District Court for the Northern District of Iowa, following his guilty plea to receiving child pornography in violation of 18 U.S.C. § …

U.S. v. Vaughn, No. 05-1518 (7th Cir.) (433 F.3d 917) (January 6, 2006) (Judge Kenneth F. Ripple)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Vaughn, No. 05-1518 (7th Cir.) (433 F.3d 917) (January 6, 2006) (Judge Kenneth F. Ripple) by "After Booker, although the Sentencing Guidelines are advisory, sentencing judges nevertheless are required to compute correctly the applicable sentencing range; they then may depart from this range if appropriate justification is offered …

U.S. v. Baker, No. 00-13083 (11th Cir.) (432 F.3d 1189) (December 13, 2005) (Judge Rosemary Barkett)

Article • December 1, 2005 • from P&J December, 2005

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

U.S. v. Baker, No. 00-13083 (11th Cir.) (432 F.3d 1189) (December 13, 2005) (Judge Rosemary Barkett) by See also Footnote 68 where the Court explained why the Supreme Court's ruling in Crawford v. Washington is inapplicable at sentencing. In this 137-page decision, the 11th Circuit affirmed lengthy sentences for a …

U.S. v. Pho, No. 05-2455 (1st Cir.) (433 F.3d 53) (January 5, 2006) (Judge Bruce M. Selya)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Pho, No. 05-2455 (1st Cir.) (433 F.3d 53) (January 5, 2006) (Judge Bruce M. Selya) by In this case, the First Circuit articulated a significant limit on the acceptable justifications for a non-Guidelines sentence. Here, the district court had sought to reduce the infamous 100:1 ratio between a …

U.S. v. Hammoud, No. 03-4253 (4th Cir.) (405 F.3d 1034) (April 27, 2005) (Per Curiam)

Article • December 1, 2005 • from P&J August, 2004

Filed under: Punch And Jurists, Blakely/Booker

U.S. v. Hammoud, No. 03-4253 (4th Cir.) (405 F.3d 1034) (April 27, 2005) (Per Curiam) by

U.S. v. Menyweather, No. 03-50496 (9th Cir.) (431 F.3d 692) (December 16, 2005) (Judge Susan P. Graber)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Menyweather, No. 03-50496 (9th Cir.) (431 F.3d 692) (December 16, 2005) (Judge Susan P. Graber) by U.S. v. Lister, 432 F.3d 754 (7th Cir. Dec. 28, 2005) (Judge Bauer) U.S. v. Menyweather, 431 F.3d 692 (9th Cir. Dec. 16, 2005) (Judge Graber) U.S. v. Talley, 431 F.4d 784 …

U.S. v. Talley, No. 05-11353 (11th Cir.) (431 F.3d 784) (December 2, 2005) (Per Curiam)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Talley, No. 05-11353 (11th Cir.) (431 F.3d 784) (December 2, 2005) (Per Curiam) by The Court rejected the government’s argument that, post-Booker, a sentence within the guideline range is "per se reasonable," but held that a sentence is not unreasonable when the district court fails to discuss the …

U.S. v. Perry, No. C.R. No. 04-098S (D.R.I.) (389 F.Supp.2d 278) (September 16, 2005) (Judge William E. Smith)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Perry, No. C.R. No. 04-098S (D.R.I.) (389 F.Supp.2d 278) (September 16, 2005) (Judge William E. Smith) by This is another of a growing series of post-Booker rulings that takes issue with the huge sentencing disparity mandated by the Guidelines for cases involving crack cocaine compared to cases involving …

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor)

Article • November 1, 2005 • from P&J November, 2005

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

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor) by Here the Second Circuit broadly held that "after Booker, a district court may sentence a defendant taking into account acquitted conduct". U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge …

U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum)

Article • November 1, 2005 • from P&J November, 2005

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

U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum) by U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge Flaum) U.S. v. Vaughn, 430 F.3d 518 (2nd Cir. Dec. 1, 2005) (Judge Sotomayor) In Apprendi v. New Jersey, 530 …

U.S. v. Cunningham, No. 05-1774 (7th Cir.) (429 F.3d 673) (November 14, 2005) (Judge Richard A. Posner)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Cunningham, No. 05-1774 (7th Cir.) (429 F.3d 673) (November 14, 2005) (Judge Richard A. Posner) by In this extremely opaque decision, the Court reversed a 57-month sentence that was at the bottom of the applicable guideline range because the record below "left in serious doubt whether the [sentencing] …