Search | Punch and Jurists

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gaskell, No. 97-4216 (11th Cir.) (134 F.3d 1039) (February 2, 1998) (Judge Joel F. Dubina) by In this case the principal issue was whether the district court had erred by sentencing the defendant to five years probation for her conviction under the Assimilated Crimes Act (ACA) when the …

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam) by Incarceration upon revocation of supervised release is proper even when the total incarceration, including the time served for the substantive offense, exceeds the maximum incarceration permissible under the substantive statute. United States v. Proctor, …

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pelensky, No. 97-1265, No. 2322 (2nd Cir.) (129 F.3d 63) (September 12, 1997) (Judge Jose A. Cabranes) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d …

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Proctor, No. 97-2064 (11th Cir.) (127 F.3d 1311) (November 13, 1997) (Per Curiam) by Incarceration upon revocation of supervised release is proper even when the total incarceration, including the time served for the substantive offense, exceeds the maximum incarceration permissible under the substantive statute. United States v. Proctor, …

U.S. v. Colt, No. 96-3577 (7th Cir.) (126 F.3d 981) (October 2, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Colt, No. 96-3577 (7th Cir.) (126 F.3d 981) (October 2, 1997) (Judge Michael S. Kanne) by In last week's issue, we reported on a case, Borrego v. U.S., 975 F.Supp. 520 (S.D.N.Y. 1997), which suggested that the provisions of 18 U.S.C. § 3583(e) impose some absolute limits on …

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe)

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

Filed under: Punch And Jurists, Sentences - Authorized

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe) by This case highlights both an important limitation on a 1994 amendment to the statutes regulating supervised release (18 U.S.C. § 3583(h)) and an oft-overlooked, but important, provision of the same …

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pena, No. 96-50900 (5th Cir.) (125 F.3d 285) (October 7, 1997) (Judge Robert M. Parker) by As the army of armed probation officers continues to grow day by day, revocation of probation cases already consume a significant percentage of the courts' dockets; and they are destined soon to …

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Garcia, No. 95-50607 (9th Cir.) (112 F.3d 395) (April 21, 1997) (Judge Edward Leavy) by Joining the Second, Sixth, Eighth and Tenth Circuits, the Ninth Circuit ruled that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed the maximum lengths of sentences specified …

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Iversen, No. 95-2631 (8th Cir.) (90 F.3d 1340) (July 25, 1996) (Judge Donald P. Lay) by Here the Court held that " the sentence imposed after Iversen violated her probation--six months imprisonment plus three years supervised release--was within the range of sentences available at the time of initial …

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Plunkett, No. 95-30053 (9th Cir.) (94 F.3d 517) (August 9, 1996) (Judge J. Clifford Wallace) by Here the Court rejected the defendant's argument that the 1994 amendments to 18 USC §§ 3553 and 3565 rendered mandatory the suggested prison sentences contained in Chapter Seven of the Guidelines.

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Woodrup, No. 95-5284 (4th Cir.) (86 F.3d 359) (June 18, 1996) (Judge J. Michael Luttig) by Case held that because a sentence imposed upon revocation of a term of supervised release is an authorized part of the original sentence, punishment for the later offense is not barred by …

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Hurst, No. 95-6283 (10th Cir.) (78 F.3d 482) (March 4, 1996) (Judge Wade Brorby) by Some six months after the defendant was released from prison on a prior charge, he was arrested on a new charge to which he pled guilty. The Government and the defendant stipulated that …

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson)

Article • December 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Redmond, No. 94-30436 (9th Cir.) (69 F.3d 979) (October 31, 1995) (Judge Dorothy Wright Nelson) by At his original sentencing for cocaine distribution, the trial court departed downward due to the defendant's medical condition and imposed a three-year term of probation. Later, after the defendant failed a urinalysis …

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin)

Article • October 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gondek, No. 95-1065 (1st Cir.) (65 F.3d 1) (September 6, 1995) (Judge Michael Boudin) by Here the defendant was sentenced to a consecutive term of imprisonment under § 5G1.3(a) and was given a two point increase in his criminal history points for committing the present Federal offense while …

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Leonard, No. 93-2768 (5th Cir.) (61 F.3d 1181) (August 14, 1995) (Judge Edith H. Jones) by This technical but important case gives new meaning to the concept of "total punishment" under Guideline §5G1.2(b). That Section provides that, in multiple count cases, "the sentence imposed on each other count …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by Joining a number of other Circuits (listed at p. 1286), this case held that § 3583 authorizes the revocation of supervised release even where the resulting incarceration, when combined with the …

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway)

Article • September 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Robinson, No. 95-6042 (10th Cir.) (62 F.3d 1282) (August 14, 1995) (Judge William J. Jr. Holloway) by While this is not a Guideline case per se, it does discuss revocation of supervised release and it holds that 18 U.S.C. § 3583 authorizes the revocation of supervised release "even …

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney)

Article • August 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gibbs, No. 94-1332 (2nd Cir.) (58 F.3d 36) (June 22, 1995) (Judge J. Daniel Mahoney) by The defendant was released from prison in 1990 and commenced serving a five year term of supervised release. In 1994 he traveled to New York without obtaining appropriate authorization from his probation …

U.S. v. Guiro, No. 93-CR-1384 (E.D.N.Y.) (887 F.Supp. 66) (May 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Guiro, No. 93-CR-1384 (E.D.N.Y.) (887 F.Supp. 66) (May 17, 1995) (Judge Jack B. Weinstein) by Here's another gem from Judge Weinstein that is bound to be appealed. A drug defendant-turned snitch is given a 5K1 letter and Judge Weinstein sentences her to eight months in a half-way house, …

U.S. v. Purvis, No. 90-50183 (9th Cir.) (940 F.2d 1276) (August 2, 1991) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Purvis, No. 90-50183 (9th Cir.) (940 F.2d 1276) (August 2, 1991) (Judge Stephen Reinhardt) by "We hold that 3583 authorizes the revocation of supervised release even where the resulting incarceration, when combined with the period of time the defendant has already served for his substantive offense, will exceed …