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U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman) by In this sentencing memorandum, Judge Adelman issued a candid and perceptive analysis of some of the games being played by the appellate courts as they impose sharp limitations on judicial discretion in the …

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder) by U.S. v. Carty, 453 F.3d 1214 (9th Cir. Aug. 25, 2006) (Judge Schroeder) U.S. v. Zavala, 443 F.3d 1165 (9th Cir. Aug. 25, 2006) (Judge Schroeder) In vacating, pending a rehearing en …

U.S. v. Zapete-Garcia, No. 05-1352 (1st Cir.) (447 F.3d 57) (May 8, 2006) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Zapete-Garcia, No. 05-1352 (1st Cir.) (447 F.3d 57) (May 8, 2006) (Judge Norman H. Stahl) by Since U.S. v. Booker was decided, we have only seen two cases in which courts have reversed an upward sentencing departure on the grounds that it was excessive and thus constituted an …

U.S. v. McVay, No. 04-13455 (11th Cir.) (447 F.3d 1348) (May 5, 2006) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. McVay, No. 04-13455 (11th Cir.) (447 F.3d 1348) (May 5, 2006) (Judge Stanley Marcus) by In this case, the Eleventh Circuit addressed the reasonableness of downward departures in the post-Booker world; and its ruling gives credence to the wide-held belief that there are different standards for determining the …

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. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …

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. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …

U.S. v. Duhon, No. 05-30387 (5th Cir.) (440 F.3d 711) (February 17, 2006) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

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 …

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. 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 …

Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Standard[s] of Review

Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam) by Here the panel issued an ominous and potentially far-reaching order directing the parties to file supplemental briefs discussing discussing the constitutionality of the standards that Congress set forth in AEDPA (28 U.S.C. § 2254(d)(1)).

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. 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] …

U.S. v. Castro-Juarez, No. 05-1195 (7th Cir.) (425 F.3d 430) (October 3, 2005) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Castro-Juarez, No. 05-1195 (7th Cir.) (425 F.3d 430) (October 3, 2005) (Judge Daniel A. Manion) by Defendant pleaded guilty to being in the United States unlawfully after his removal following a felony conviction, 8 U.S.C.S. § 1326(a), (b)(1). The United States District Court for the Southern District of …

U.S. v. Williams, No. 03-4091 (7th Cir.) (425 F.3d 478) (October 6, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Williams, No. 03-4091 (7th Cir.) (425 F.3d 478) (October 6, 2005) (Judge Ilana Diamond Rovner) by Prior to the Supreme Court’s decision in U.S. v. Booker, 125 S.Ct. 621 (2005), appellate review of sentencing decisions essentially hinged on the district court’s application of the (then-mandatory) Guidelines. In Booker, …

U.S. v. Pepper, No. 04-2057 (8th Cir.) (412 F.3d 995) (June 24, 2005) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Impermissible Factors

U.S. v. Pepper, No. 04-2057 (8th Cir.) (412 F.3d 995) (June 24, 2005) (Judge Morris Sheppard Arnold) by The Court held that the Federal Sentencing Guidelines do not permit a district court to consider matters unrelated to the defendant's assistance to law enforcement officials when determining how far to depart …