Search | Punch and Jurists

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum) by Courts may apply abuse of position of trust enhancement, pursuant to U.S.S.G. § 3B1.3, even if defendant did not occupy a position of trust in relation to the victim of the offense …

U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski) by An information which alleged a prior felony drug conviction, to render defendant eligible for a mandatory minimum sentence, adequately identified the relevant prior conviction under the circumstances so long as the defendant had …

U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien) by Here the Court held that a district court does not have the authority to grant a downward departure based on the use of the INS of forms that erroneously advised the defendant …

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard) by The defendant in this case argued that the district court had erred by imposing a four level enhancement, pursuant to U.S.S.G. § 2K2.1(b)(5), for using a firearm in connection with "another felony …

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Double Counting

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here the Court held that the district court engaged in impermissible double-counting when it enhanced defendant's sentence because of the victim's age - since the age was already factored into the statutes …

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne) by Here the Court held that the Government is not required to prove that defendants intended to use minor to shield themselves in order to apply two-level enhancement for using a minor to …

U.S. v. Soileau, No. 01-31171 (5th Cir.) (309 F.3d 877) (October 11, 2002) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Bank/Financial Institution

U.S. v. Soileau, No. 01-31171 (5th Cir.) (309 F.3d 877) (October 11, 2002) (Judge Harold R. Jr. DeMoss) by Here the Court held that the district court had incorrectly concluded that Medicare is a "financial institution" for the purpose of imposing a four-level enhancement under U.S.S.G. § 2F1.1(b)(8)(B), after a …

U.S. v. Scolaro, No. 01-3365 (8th Cir.) (299 F.3d 956) (August 15, 2002) (Judge Gerald W. Heaney)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Scolaro, No. 01-3365 (8th Cir.) (299 F.3d 956) (August 15, 2002) (Judge Gerald W. Heaney) by This case is noted particularly for Judge Bright's strong and persuasive dissent that the majority improperly affirmed an enhancement under USSG § 2K2.1(b)(5) despite the fact that the defendant had not used …

U.S. v. Wiseman, No. 01-2122 (10th Cir.) (297 F.3d 975) (July 18, 2002) (Judge Diana E. Murphy)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Guns - Type of

U.S. v. Wiseman, No. 01-2122 (10th Cir.) (297 F.3d 975) (July 18, 2002) (Judge Diana E. Murphy) by Where the trial court (rather than the jury) found that defendant used a semiautomatic assault weapon when he committed Hobbs Act robberies, defendant must be resentenced as to that conviction, to a …

U.S. v. Jimenez, No. 01-50597 (9th Cir.) (300 F.3d 1166) (August 27, 2002) (Judge Kim McLane Wardlaw)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Jimenez, No. 01-50597 (9th Cir.) (300 F.3d 1166) (August 27, 2002) (Judge Kim McLane Wardlaw) by Here the Court vacated enhancements both for using a minor to commit a crime (USSG § 3B1.4) and for obstruction of justice based on perjury at trial (USSG § 3C1.1) - holding …

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina) by The defendant in this case pled guilty to importing illegal drugs into the United States, but asserted that the district court improperly denied him a sentence adjustment for his minor role as …

U.S. v. Root, No. 01-14945 (11th Cir.) (296 F.3d 1222) (July 10, 2002) (Judge Frank May Hull)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Root, No. 01-14945 (11th Cir.) (296 F.3d 1222) (July 10, 2002) (Judge Frank May Hull) by The United States District Court for the Northern District of Georgia entered defendant's conviction of one count of attempting to persuade a minor to engage in criminal sexual activity, in violation of …

U.S. v. Carbajal, No. 01-40363 (5th Cir.) (290 F.3d 277) (April 25, 2002) (Judge E. Grady Jolly)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Carbajal, No. 01-40363 (5th Cir.) (290 F.3d 277) (April 25, 2002) (Judge E. Grady Jolly) by Section 2D1.1(a)(2) of the Guidelines establishes a base offense level of 38 if a defendant is convicted of drug trafficking under 21 U.S.C. § 841(b) “and the offense of conviction establishes that …

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle) by Here the D.C.Circuit joined with the Fifth and Sixth Circuits in holding that the "in furtherance of" language contained in 18 USC § 924(c)(1)(A) requires more than mere possession of the gun; …

U.S. v. Hickey, No. 01-1858 (1st Cir.) (280 F.3d 65) (February 19, 2002) (Judge Frank M. Coffin)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Hickey, No. 01-1858 (1st Cir.) (280 F.3d 65) (February 19, 2002) (Judge Frank M. Coffin) by In this case, the Court held that Guideline Amendment 599 does not apply to career offenders convicted of armed robbery, 18 U.S.C. § 2113(d), and use of a firearm during the commission …

U.S. v. Humphrey, No. 00-5180 (6th Cir.) (279 F.3d 372) (January 30, 2002) (Judge Karen Nelson Moore)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Humphrey, No. 00-5180 (6th Cir.) (279 F.3d 372) (January 30, 2002) (Judge Karen Nelson Moore) by In this case, the defendant, a long time bank vault teller, was convicted of embezzling funds from her employer. Ar sentencing, the Court imposed a 2-level sentence enhancement pursuant to the provisions …

U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Double Counting

U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch) by In this case he defendant was charged with resisting arrest following a traffic violation, and one of the specific charges was the possession of a weapon by a convicted felon. At sentencing, …

Mullane v. Central Hanover Bank & Trust Co., No. 378 (U.S. Supreme Court) (339 U.S. 306; 70 S.Ct. 652) (April 24, 2050) (Justice Jackson)

Article • January 9, 2002

Filed under: Punch And Jurists, Notice - Adequacy of

Mullane v. Central Hanover Bank & Trust Co., No. 378 (U.S. Supreme Court) (339 U.S. 306; 70 S.Ct. 652) (April 24, 2050) (Justice Jackson) by In this case, the Court established the framework for evaluating the adequacy of notice for due process purposes. The case involved a proceeding in which …

U.S. v. Atwater, No. 01-1353 (7th Cir.) (272 F.3d 511) (November 29, 2001) (Judge Richard A. Posner)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Atwater, No. 01-1353 (7th Cir.) (272 F.3d 511) (November 29, 2001) (Judge Richard A. Posner) by Here the Court reversed a 5-level enhancement for use of a gun during a bank robbery because it wasn't based on evidence but on the district court's “greatly exaggerated view” that bank …

U.S. v. Burgos, No. 00-13779 (11th Cir.) (276 F.3d 1284) (December 21, 2001) (Judge Gerald B. Tjoflat)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Burgos, No. 00-13779 (11th Cir.) (276 F.3d 1284) (December 21, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that the Guidelines do not authorize a sentencing court to penalize a defendant for refusing to cooperate with the Government in a criminal investigation unrelated to the offense …