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U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore) by Court affirmed that whether a defendant possessed the threshhold number of marijuana plants that would trigger the statutory mandatory minimum sentence had to be based only on the plants directly associated with …

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam) by While the full court voted not to rehear en banc its previous decision reported at 154 F.3d 1082, Judge Kozinski ripped into the judges who wrote that decision, accusing them of being disrespectful to …

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins) by Back in 1994, two student-athletes, who were on football scholarships at Fresno State University, were convicted of a spree of armed robberies of some restaurants and hotels in the Fresno area. Because …

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Mandatory Minimums

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman) by Citing U.S. v. Valente, 961 F.2d 133, 135 (9th Cir. 1992), the Court noted that §§ 5K2.0-5K2.15 address departures from the Guideline ranges and not from statutory mandatory minimum sentences. Case …

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Gaston, No. 95-1185 (2nd Cir.) (68 F.3d 1466) (October 13, 1995) (Per Curiam) by The Second Circuit holds that the "safety valve" provisions of 18 U.S.C. § 3553(f) is limited to departures from the statutory mandatory minimum sentences, but does not authorize a downward departure from the sentence …

U.S. v. Abdullah, No. Crim. No. JFM-94-0422 (D.Md.) (903 F.Supp. 913) (November 3, 1995) (Judge Herbert N. Maletz)

Article • January 1, 1995

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Abdullah, No. Crim. No. JFM-94-0422 (D.Md.) (903 F.Supp. 913) (November 3, 1995) (Judge Herbert N. Maletz) by On December 12, 1995, the U.S. Sentencing Commission announced that it will not propose any Guideline Amendments for 1996 in order the facilitate the Commission's completion of a comprehensive review of …

U.S. v. Winston, No. 93-5936 (6th Cir.) (37 F.3d 235) (October 5, 1994) (Judge Nathaniel R. Jones)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Winston, No. 93-5936 (6th Cir.) (37 F.3d 235) (October 5, 1994) (Judge Nathaniel R. Jones) by In this case the Court held that the statute imposing an enhanced sentence for drug violation involving at least 50 grams of cocaine base (21 U.S.C. § 841(b)(1)(A)) applies only to single …

U.S. v. Rose, No. 88-3017 (7th Cir.) (881 F.2d 386) (August 1, 1989) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rose, No. 88-3017 (7th Cir.) (881 F.2d 386) (August 1, 1989) (Judge Richard A. Posner) by

U.S. v. Goff, No. 91-4031 (6th Cir.) (6 F.3d 363) (September 20, 1993) (Judge James L. Ryan)

Article • January 1, 1994

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Goff, No. 91-4031 (6th Cir.) (6 F.3d 363) (September 20, 1993) (Judge James L. Ryan) by Here the Court held that the Guidelines permitted no chance of mercy to reduce the sentence of a wheel-chair bound wuadriplegic convicted of drug crimes from the mandatory minimum - but see …