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U.S. v. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey) by Of the many issues explored in this case, one deals with the concept of "acceptance of responsibility" and it is a forceful reminder of the advantages of silence at sentencing. Prior to …

U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch) by Here the Court called into question the constitutional implications of the district court's use of two murders for which the defendant had been acquitted to enhance his sentence based on a finding …

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Harris, No. 95-2047 (8th Cir.) (70 F.3d 1001) (December 1, 1995) (Judge Gerald W. Heaney) by This case involves an important sentencing issue that is still alive in some Circuits - whether the court may consider conduct from a count that has been dismissed pursuant to a plea …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is another multi-issue case that arose out of a "massive land and air surveillance" of a 72 year old defendant and his automobile by "approximately fifty FBI agents and Rhode Island …

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher)

Article • November 1, 1995

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 94-10272 (9th Cir.) (67 F.3d 790) (September 28, 1995) (Judge Betty Binns Fletcher) by The important issue in this case (that was subsequently appealed to and reversed by the Supreme Court) was the holding that the application of a two-level upward adjustment for possession of a …

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker)

Article • November 1, 1995

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Vital, No. 94-40412 (5th Cir.) (68 F.3d 114) (October 19, 1995) (Judge Robert M. Parker) by In this case, the defendant pled guilty to one count of an indictment that charged him with the sale of 27 grams of cocaine to an undercover agent - which normally calls …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt)

Article • March 1, 1995

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt) by The Court limited its consideration of a § 4A1.3 upward departure to the 5 specific factors in the guideline, rejecting the government's attempt to expand the reach of factor (e) to "authorize …

U.S. v. Castro-Cervantes, No. 89-50145 (9th Cir.) (927 F.2d 1079) (August 9, 1990) (Judge John T. Jr. Noonan)

Article • January 1, 1994

Filed under: Punch And Jurists, Dismissed Counts

U.S. v. Castro-Cervantes, No. 89-50145 (9th Cir.) (927 F.2d 1079) (August 9, 1990) (Judge John T. Jr. Noonan) by In this case the defendant pled guilty to two counts of robbery and admitted committing two more uncharged robberies in the plea agreement. The Government agreed to dismiss five robbery counts. …

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by In this case the Court held that where there is inconsistent and disputed evidence, the district court must conduct a sufficiently searching inquiry into the Government's evidence to ensure its probable accuracy. …