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U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides) by In a case of first impression the Court held that "prior felony conviction" included conviction committed after the defendant committed the instant offense, but before sentencing in the instant offense. In its …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by See U.S. v. Torres, Docket No. 98-3006 (10th Cir. 7/7/99) where this approach was criricized. The Court held that because the district court did not take the defendant's prior sentence into account …

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich) by Case held that the scope of § 2255 appeal permits petitioner to raise other than constitutional and statutory issues - here a challenge to a sentencing enhancement for being an Armed Career Criminal …

U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris) by In this case, the Sixth Circuit joined with a minority of the Circuits in holding that convictions obtained after a defendant has committed a Federal firearms offense, but before the defendant is …

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that prior State conviction for involuntary manslaughter was a "violent offense" for purposes of the Armed Career Criminal Act.

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by This case is noted because it explores an issue rarely discussed - the scope of Rule 609(a)(1) of the Fed.R.Evid. as it applies to the impeachment of a witness (here the …

U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams) by Case held that unless a defendant claims that he was deprived of counsel, a sentencing court is not permitted to disregard a prior conviction for purposes of 18 USC § 924(e), but …

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby) by The commentary to § 4A1.2 of the Guidelines permits the use of prior "uncounseled misdemeanor sentences" to increase a defendant's Criminal History Category, even where imprisonment was not imposed. In this case, the …

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by One issue discussed in this case is the distinction between convictions that are "set aside" and those that are "expunged" for purposes of § 4A1.2. The precise issue was whether an earlier …

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple) by Section 4A1.2(c) of the Guidelines contains a long list of prior sentences that are counted or excluded in calculating a defendant's criminal history category. If the precise crime is not listed, the …