Search | Punch and Jurists

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Booher, No. 93-614 (D.N.J.) (962 F.Supp. 629) (May 13, 1997) (Judge Nicholas H. Politan) by While this decision examined a number of interesting Guidelines issues, it is noted because the court addressed the controversial issue of the type of "cooperation" that is required of a defendant to qualify …

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (110 F.3d 656) (March 5, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (110 F.3d 656) (March 5, 1997) (Judge Thomas G. Nelson) by This is a reprise of another case we reported last November; and it is one of those ugly cases that tells much about the lunacy of some of our sentencing practices - …

U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs) by The defendant in this case was a mere 21 years old at the time of his sentencing; and he received a sentence of life imprisonment for an assortment of drug charges. After his …

U.S. v. Osei, No. 96-1796 (2nd Cir.) (107 F.3d 101) (February 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Osei, No. 96-1796 (2nd Cir.) (107 F.3d 101) (February 21, 1997) (Per Curiam) by Case held that the provisions of USSG § 2D1.1(b)(4) can apply even in cases where the defendant is not subject to a statutory mandatory minimum sentence. In this case the Court disagreed with the …

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Mmahat, No. 95-30154 (5th Cir.) (106 F.3d 89) (February 7, 1997) (Judge Jerry E. Smith) by In this case the Fifth Circuit gave its seal of approval to a prosecutorial ploy of burying defense counsel with a 500,000 page cache of documents and held that prosecutors have no …

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Gambino, No. 96-1125 (2nd Cir.) (106 F.3d 1105) (February 11, 1997) (Judge Fred I. Parker) by Although the court approved broad disclosure of information, including the realted acts of others, to qualify for a safety valve sentence reduction, it also emphasized that such information must relate to the …

U.S. v. Cothran, No. 96-8191 (11th Cir.) (106 F.3d 1560) (March 11, 1997) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Cothran, No. 96-8191 (11th Cir.) (106 F.3d 1560) (March 11, 1997) (Judge James C. Hill) by Case held that on a resentencing based on Guideline Amendment 516 the district court is not free, under 18 USC § 3582(c)(2) to reexamine the factual determination of the number of marijuana …

U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam) by This is another case that considers some of the factors that should be considered by a court in appeals, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10, based on retroactive amendments to …

U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold) by Here the Court held that it was improper for the district court to revise certain factual findings that were made at the original sentencing hearing and use those revised findings as the …

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy) by This is another case dealing with the so-called "safety valve" provision contained in 18 U.S.C. § 3553(f)(1)-(5) and its Guideline counterpart contained in U.S.S.G. § 5C1.2. Although the defendant was originally charged …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by Here the Court rejected a claim involving a discovery violation under Rule 16(a)(1)(A) of the Fed.R.Crim.P. on the rigid grounds that the Rule's requirements does not include documents in the possession of …

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby) by United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States v. Torres, 99 F.3d 360 (10th Cir. 1996) (Judge Brorby) Both of these cases deal with Guideline Amendment No. …

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager)

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

Filed under: Punch And Jurists, Who is the "Government"?

Doe v. U.S., No. 95-5047 (Fed. Cir.) (100 F.3d 1576) (November 15, 1996) (Judge S. Jay Plager) by QUOTE OF THE WEEK - The game of duping the public versus the honor and integrity of the Government. "If the United States government in the District of Columbia, acting through one …

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson) by Case held that Guideline Amendment 516 which changed calculation of marijuana equivalency did not affect mandatory minimum sentence. United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States …

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Mullanix, No. 96-30121 (9th Cir.) (99 F.3d 323) (October 30, 1996) (Judge Thomas G. Nelson) by Case held that Guideline Amendment 516 which changed calculation of marijuana equivalency did not affect mandatory minimum sentence. United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States …

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Sherpa, No. 95-50007 (9th Cir.) (97 F.3d 1239) (October 8, 1996) (Judge Thomas G. Nelson) by Testing the limits of fairness, the Government appealed from the district court's decision to grant a relatively small downward departure under the safety valve laws to an unsophisticated Nepalese trackker, demanding a …

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Here the Court rejected the Government's assertion that the defendant had not told all to be eleigible for a safety valve reduction - stating the Government "cannot assure success simply by saying "we …

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Another Guidelines case - and another reversal for Judge Fuste. Here he gets chastised, among other things, for blindly accepting the Government's position by denying a defendant a sentence reduction pursuant to U.S.S.G. …

U.S. v. Beltran-Ortiz, No. 95-5439 (4th Cir.) (91 F.3d 665) (August 7, 1996) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Failure to Debrief

U.S. v. Beltran-Ortiz, No. 95-5439 (4th Cir.) (91 F.3d 665) (August 7, 1996) (Judge William W. Jr. Wilkins) by This is another example of the false promises made to defendants by the Government to induce a guilty plea. Here, the Government agreed to de-brief the defendant prior to sentencing and …

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. White, No. 96-2215 (1st Cir.) (119 F.3d 70) (July 28, 1997) (Judge Conrad K. Cyr) by In this case, the district court found that the defendant was untruthful in her attempt to minimize her role in a drug conspiracy. The district court noted the length of time the …