Search | Punch and Jurists

U.S. v. Forte, No. 95-3076 (D.C. Cir.) (81 F.3d 215) (April 16, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Forte, No. 95-3076 (D.C. Cir.) (81 F.3d 215) (April 16, 1996) (Judge Stephen F. Williams) by Case suggests that lying about relevant conduct (as opposed to the offense of conviction) may not always be an absolute bar to an acceptance of responsibility sentence adjustment under USSG § 3E1.1. …

U.S. v. Hill, No. 95-5246 (6th Cir.) (79 F.3d 1477) (March 28, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Hill, No. 95-5246 (6th Cir.) (79 F.3d 1477) (March 28, 1996) (Judge Karen Nelson Moore) by Court held that where two drug transactions are separated by more than one year, a relevant conduct finding generally may not be premised on the sole similarity that the transactions involved the …

U.S. v. Scarano, No. 94-10213 (9th Cir.) (76 F.3d 1471) (February 20, 1996) (Judge William J. Rea)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Scarano, No. 94-10213 (9th Cir.) (76 F.3d 1471) (February 20, 1996) (Judge William J. Rea) by Based on the Supreme Court's holding in Witte v. U.S., 515 U.S. 389, the Ninth Circuit reversed its prior precedent and held that double jeopardy is not violated when court considers a …

U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Chisholm, No. 93-7083 (11th Cir.) (73 F.3d 304) (January 22, 1996) (Judge Joel F. Dubina) by Case vacated a sentence based on crack cocaine where evidence was insufficient to support conclusion that crack was reasonably forseeable and within scope of criminal activity of conspiracy. The two defendants in …

U.S. v. Haynes, No. Cr. A. No. 90-00422-5 (CRR) (D.D.C.) (906 F.Supp. 5) (November 30, 1995) (Judge Charles R. Richey)

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

Filed under: Punch And Jurists, Jointly undertaken criminal activity

U.S. v. Haynes, No. Cr. A. No. 90-00422-5 (CRR) (D.D.C.) (906 F.Supp. 5) (November 30, 1995) (Judge Charles R. Richey) by This is an important decision on the scope of U.S.S.G. § 1B1.3 (relevant conduct) as revised effective November 1, 1992. At the defendant's first sentencing, he was held responsible …

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown)

Article • August 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Contreras, No. 94-6238 (10th Cir.) (59 F.3d 1038) (July 6, 1995) (Judge Wesley E. Brown) by Here's another case dealing with the Guideline's concept of Acceptance of Responsibility under § 3E1.1. In denying ad adjustment for acceptance of responsibility, the district court found that the defendant had admitted …

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse)

Article • July 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse) by This case reverses Judge Raggi's decision to increase a defendant's Criminal History Category under § 4A1.2 of the Guidelines by using prior convictions based on conduct that was part of the instant …

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy)

Article • January 1, 1994

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Davern, No. 90-3681 (6th Cir.) (970 F.3d 1490) (July 1, 1992) (Judge Cornelia G. Kennedy) by This classic early Guidelines case, which challenged the constututionality of the Guidelines, is noted for Judge Merritt's dissent in which he forcefully argued that it was a violation of due process to …

U.S. v. Maxwell, No. 92-6349 (11th Cir.) (34 F.3d 1006) (October 7, 1994) (Judge Thomas A. Clark)

Article • January 1, 1994

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Maxwell, No. 92-6349 (11th Cir.) (34 F.3d 1006) (October 7, 1994) (Judge Thomas A. Clark) by The Court stated: "We do not think that two offenses constitute a single course of conduct simply because they both involve drug distribution. To so conclude would be, in the words of …