Search | Punch and Jurists

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court rejected as inadequate the district court's findings that one ground for a valid downward departure was the defendant's wife's health, noting that such a departure requires the defendant to …

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Physical Condition

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner) by Here the court granted a series of downward departures, including one based on an extraordinary physical condition and one based on the court's disagreement with the Government's estimate of the quantity of drugs involved. …

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner granted a defendant a downward departure for "extraordinary" family obligations and work history; and in the process she outlined a procedure for determining whether a defendant's employment …

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Employment Record

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner) by In this case Judge Gertner concluded that the proper method for determining whether a defendant's employment record justified a departure was to compare his circumstances to others convicted of the same crime. …

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin) by This case raises two interesting peripheral attacks by the Government on the propriety of granting a downward sentencing departure based on family ties and responsibilities under U.S.S.G. § 5H1.6. …

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Gauvin, No. 97-2328 (10th Cir.) (173 F.3d 798) (April 28, 1999) (Judge Robert H. Henry) by The defendant in this case was convicted of an assault on a Federal officer, in violation of 18 U.S.C. § 111(b) - and the nature of that crime may explain why the …

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Physical Condition

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin) by In this case the defendant had accumulated some 20 prior convictions, making him a career offender. At sentencing, Judge Wood stressed that she believed there was a chance "albeit slim" that the …

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Faria, No. 98-1180 (2nd Cir.) (161 F.3d 761) (December 3, 1998) (Per Curiam) by In this case the 2nd Circuit reversed a downward departure granted by Judge McKenna based on extraordinary family circumstances and in the process suggested strong limits on its previous precedents relating to similar departures. …

U.S. v. McDougal, No. LR-CR-95-173 (E.D.Ark.) (16 F.Supp.2d 1047) (June 26, 1998) (Judge George Jr. Howard)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. McDougal, No. LR-CR-95-173 (E.D.Ark.) (16 F.Supp.2d 1047) (June 26, 1998) (Judge George Jr. Howard) by United States v. Costello, 16 F.Supp.2d 36 (D.Mass. 1998) (Judge Gertner) United States v. McDougal, 16 F.Supp. 1047 (E.D.Ark. 1998) (Judge Howard) The common theme in both of these cases is that the …

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig) by In this case, Judge Bennett granted a 91 month downward departure (from a Guidelines sentencing range of 235 months to 144 months) based on a combination of (a) the defendant's exceptional …

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones) by In this case, the Sixth Circuit held that a defendant's deafness, without more, would never constitute an "extraordinary physical impairment" warranting a downward departure from the sentencing range prescribed by the Sentencing …

U.S. v. Hildebrand, No. 97-3021 (8th Cir.) (152 F.3d 756) (July 28, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Age

U.S. v. Hildebrand, No. 97-3021 (8th Cir.) (152 F.3d 756) (July 28, 1998) (Judge James B. Loken) by Case is noted for the Government's opposition to a term of probation, despite the district court's finding that the 70-year old defendant suffered from life threatening health conditions, arguing that such conditions …

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Owens, No. 97-3308 (7th Cir.) (145 F.3d 923) (May 26, 1998) (Judge William J. Bauer) by The real message of this case is that it may reflect the beginnings of judicial rumblings of discontent over the Government's policy of attempting to squeeze the last pound of flesh out …

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills) by Not surprisingly, Judge Mills denied a downward departure in this case based on the defendant's age (unspecified), his post conviction rehabilitation efforts, and his physical condition (sleep apnea); but the case is noted principally …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Age

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by Here Judge Weinstein granted a granted a downward departure based on the defendant's age and infirm physical condition. This well publicized case shows another aspect of unpublished decisions. The case involved …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by This well publicized case shows another aspect of unpublished decisions. The case involved the sentencing of the 69-year old reputed head of the Genovese crime family who had long warded off …

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg) by In this case, the district court reduced a Guidelines sentence from 63 months to 48 months based on the defendant's "longstanding record of exemplary service to [his] community", and possible economic injury …

U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Education and Vocational Skills/Training

U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg) by In this case, the defendant, who was caught in an Internet ponography sting operation, was sentenced to probation by the district court (Judge Ortrie), who reasoned that there were mitigation circumstances of …