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U.S. v. Cespedes, No. 95-9261 (11th Cir.) (151 F.3d 1329) (September 25, 1998) (Judge Stanley Marcus)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Cespedes, No. 95-9261 (11th Cir.) (151 F.3d 1329) (September 25, 1998) (Judge Stanley Marcus) by In a case of first impression the Court held that the sentence enhancement provisions of 21 USC § 851, which authorize the prosecutor to file notice of intent to increase sentences based on …

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus) by Case held that even if a defendant is aware the Governnment intends to seek a sentence enhancement under 21 USC § 851, the court is without jurisdiction to impose that enhancement unless the …

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima) by The decision in this case was at odds with an earlier panel's decision in U.S. v. Rios-Favela, 118 F.3d 653 (9th Cir. 1997). In that case, the panel had ruled that "the …

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken) by Case held that the enhancements permitted by § 2F1.1(b)(4)(A) are not limited to crimes under the Major Frauds Act, even though that section was adopted in response to a Congressional directive …

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …

U.S. v. Webster, No. 97-1189 (7th Cir.) (125 F.3d 1024) (September 12, 1997) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Webster, No. 97-1189 (7th Cir.) (125 F.3d 1024) (September 12, 1997) (Judge Kenneth F. Ripple) by Case reversed enhancement for obstruction of justice because district court had failed to articulate with adequate clarity its basis for imposing the enhancement. United States v. Barnes, 125 F.3d 1287 (9th Cir. …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by This is a rare case in which the Court reversed and vacated a sentence due to the failure of the district court to apply U.S.S.G. § 2X1.1 in a money laundering case …

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Here the Court affirmed an enhancement under USSG § 2F1.1(b)(4)(A) (formerly codified as § 2F1.1(b)(3)(A)), holding that the phrase "acting on behalf of a government agency" applies to false representations that …

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Gonzalez, No. 96-2899 (7th Cir.) (112 F.3d 1325) (May 6, 1997) (Judge Jesse E. Eschbach) by Case held that there is no age limit on domestic aggravated felonies that could be considered for purposes of applying 16-level ehnancement if defendant was deported after having been convicted of aggravated …

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Cisneros-Cabrera, No. 96-1226 (10th Cir.) (110 F.3d 746) (April 9, 1997) (Judge John C. Porfilio) by In this case, the court ruled that the subsequent vacatur of the previous aggravated felony was irrelevant to the application of the 16-level e3nhanced penalty provisions of U.S.S.G. § 2L1.2(b). The court …

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin)

Article • July 1, 1995

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin) by Case held that statutory provision applicable to alien who was deported after conviction of aggravated felony was enhancement provision, rather than statement of separate offense.

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Rowlett, No. 93-2228 (10th Cir.) (23 F.3d 300) (April 29, 1994) (Judge William J. Jr. Holloway) by Case held that the district court improperly applied the enhancement contained in USSG § 2K2.1(b)(4) holding that it applies only when the firearm had already been stolen prior to the defendant's …

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Kikumura, No. 89-5121 (3rd Cir.) (918 F.3d 1984) (November 2, 1990) (Judge Edward R. Becker) by In this case the defendant was convicted based on a negotiated plea agreement pursuant to which the Probation Office prepared a Presentence Report that stipulated a Guideline sentence of between 27 and …

U.S. v. Kikumura, No. 88-166 (D.N.J.) (706 F.Supp. 331) (February 10, 1989) (Judge Alfred J. Jr. Lechner)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Kikumura, No. 88-166 (D.N.J.) (706 F.Supp. 331) (February 10, 1989) (Judge Alfred J. Jr. Lechner) by In this case the defendant was convicted based on a negotiated plea agreement pursuant to which the Probation Office prepared a Presentence Report that stipulated a Guideline sentence of between 27 and …

U.S. v. Condren, No. 92-9017 (5th Cir.) (18 F.3d 1190) (March 31, 1994) (Judge Rhesa Hawkins Barksdale)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Condren, No. 92-9017 (5th Cir.) (18 F.3d 1190) (March 31, 1994) (Judge Rhesa Hawkins Barksdale) by In this case the defendant's home was searched pursuant to a warrant obtained after he had sold crack cocaine to an undercover officer. The search revealed a loaded firearm in a desk …