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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, Aggravating Role

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by Court vacated an enhancement based on managerial role where district court made no findings and failed to find that there were five or more participants or that crime was otherwise extensive.

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Joyce, No. 94-2235 (1st Cir.) (70 F.3d 679) (November 27, 1995) (Judge Daniel R. Dominguez) by Citing the principle that "the whole" can be "greater than the sum of the parts", the court approves the imposition of a three level enhancement under § 3B1.1, even though the trial …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by In this case an adjustment of four levels for being a "leader" in a drug conspiracy is set aside, even though the Presentence Report concluded that the defendant was a leader and even …

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris)

Article • December 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Lewis, No. 95-5226 (6th Cir.) (68 F.3d 987) (November 7, 1995) (Judge Allen E. Norris) by United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) United States v. Lewis, 68 F.3d 987 (6th Cir. 1995) These two cases explore the meaning of the phrase "criminally responsible" within …

U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney)

Article • December 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney) by Case held that it was not necessary to hold an evidentiary hearing to determine whether a defendant was an organizer or leader. United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) …

U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari)

Article • November 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari) by Case held that court is required to impose sentence enhancement, based on defendant's managerial role, after explicitly finding that defendant was manager of drug conspiracy. After the defendant received a sentence of …

U.S. v. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Moe, No. 95-1419, No. 1123 (2nd Cir.) (65 F.3d 245) (September 5, 1995) (Judge James L. Oakes) by United States v. Moe, 65 F.3d 245 (2nd Cir. 1995) United States v. Williams, 65 F.3d 301 (2nd Cir. 1995) The juxtaposition of these two cases raises some disturbing questions …

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by One of the holdings in this case was that the requirements of § 3B1.1 are met if the defendant was a manager or supervisor and the criminal activity itself involved at least …

U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood)

Article • October 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood) by This case discusses the split among Circuits regarding the meaning of § 3B1.1 prior to the adoption of Amendment No. 500 on Nov. 1, 1993. That amendment made clear that for an …

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya)

Article • September 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya) by This multi-issue sentencing decision by the pedantic Judge Selya is cited for its holding that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, for being a …

U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson)

Article • August 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson) by Case upheld an enhancement for leadership of defendant's employees, even though none of those employees were charged with criminal activity and none of them benefited from the illegal speculation that occurred. Here …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Case affirmed an aggravating role sentence adjustment even though the Government did not identify five other participants, reasoning that defendant's activity was the "functional equivalent". In this case the court focuses on …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by In this case the court focuses on the meaning of "otherwise extensive" in § 3B1.1(a). It holds that even though the Government did not identify five participants, a headcount is not necessarily …

U.S. v. Tejada-Beltran, No. 94-1780 (1st Cir.) (50 F.3d 105) (March 31, 1995) (Judge Bruce M. Selya)

Article • May 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Tejada-Beltran, No. 94-1780 (1st Cir.) (50 F.3d 105) (March 31, 1995) (Judge Bruce M. Selya) by Case held that when a defendant stages an extensive activity in such a way as to evince an increased degree of responsibilty, the four level enhancement in § 3B1.1(a) applies whether or …

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi)

Article • March 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi) by After a defendant was given a two level enhancement for his role as an "organizer", he appealed, arguing that he and his co-defendants were of equal culpability. Citing a line of cases, the …