Search | Punch and Jurists

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer) United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch) Last week The New York Times reported still …

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity. …

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Olvis, No. 96-4009 (4th Cir.) (97 F.3d 739) (October 11, 1996) (Judge Paul V. Niemeyer) by United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer) United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch) Last week The New York Times reported still …

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam) by

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Montoya, No. 95-1400, No. 1366 (2nd Cir.) (87 F.3d 621) (June 21, 1996) (Per Curiam) by The defendant in this case stipulated that a government chemist, if called as a witness, would have testified that the drugs seized were "a mixture and substance containing cocaine base which is …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The principal holding of this case is that even though the Sentencing Commission itself has "made . . . an extraordinary mea culpa acknowledging the enormous unfairness of one of its guidelines" …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The case is noted particularly for Judge Wald's dissent in which she forcefully argued that 18 USC § 3553(a)(2) allows a downward departure even in the absence of atypicality under U.S.S.G. § …

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Anderson, No. 95-3109 (D.C. Cir.) (82 F.3d 436) (April 16, 1996) (Judge Stephen F. Williams) by The principal holding of this case is that even though the Sentencing Commission itself has "made . . . an extraordinary mea culpa acknowledging the enormous unfairness of one of its guidelines" …

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn) by This case presents a creative and novel method of getting around the enhanced penalty provisions that apply in drug cases involving "crack", compared to cocaine. The defendant pled guilty to selling 57 grams …

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Culpepper, No. 1:95-VR-15-1-CC (N.D.Ga.) (916 F.Supp. 1257) (November 29, 1996) (Judge Clarence Cooper) by Judge Cooper adds to the growing controversy of the fairness of the crack/cocaine sentencing disparities with this novel holding. First he held that because the molecular formula for crack and cocaine were identical, the …

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. James, No. 95-3135 (3rd Cir.) (78 F.3d 851) (March 4, 1996) (Judge Max Rosenn) by Case held that Government is required to prove at sentencing that cocaine base constitutes crack cocaine. This case presents a creative and novel method of getting around the enhanced penalty provisions that apply …

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by Case held that disparate impact of penalties for crack cocaine on Afro-Americans did not justify downward departure or application of rule of lenity since race is not relevant to determination of sentence.

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Olive, No. 3:94CR00016-01 (N.D.Ind.) (904 F.Supp. 861) (March 17, 1995) (Judge Allen Sharp) by In this case the defendant was charged with travel in interstate commerce to facilitate an unlawful activity (under 18 U.S.C. § 1952), even though his crime was the distribution of crack. After pleading guilty …

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by While this case covers a number of issues raised on appeal, its importance is that it rejects the conclusions reached by District Judge Oberdorfer that the crack/cocaine penalties were unconstitutional because they …

U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Booker, No. 95-1747 (7th Cir.) (70 F.3d 488) (November 16, 1995) (Judge Ilana Diamond Rovner) by The decision in this case adds another cogent argument to the growing arsenal of arguments that the "crack/cocaine" sentencing disparities are simply ill-conceived. [The case was decided on the basis of the …

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill) by Brilliant, thought provoking decision by Judge Cahill in which he concludes that the crack/cocaine sentencing disparity unconstitutionally discriminates against blacks who are subjected to a policy of unconscious racism. "[T]he historical precedent …

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Clary, No. 89-167-CR (4) (E.D.Mo.) (846 F.Supp. 768) (February 11, 1994) (Judge Clyde A. Cahill) by QUOTE OF THE WEEK - The "unconscious racism" syndrom that prevails in America. In recent times, there probably has been no more thought-provoking judicial analysis of the "unconscious racism" that exists in …

U.S. v. Davis, No. Crim.A. 1:93-CR-0234 (JOF) (N.D.Ga.) (864 F.Supp. 1303) (August 26, 1994) (Judge J. Owen Forrester)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Davis, No. Crim.A. 1:93-CR-0234 (JOF) (N.D.Ga.) (864 F.Supp. 1303) (August 26, 1994) (Judge J. Owen Forrester) by In one of the most detailed scientific studies we have seen, the Court found no meaningless distinction between crack and powdered cocaine that thus held that the penalty provisions of 21 …

U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson)

Article • January 1, 1994

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson) by Here the 8th Circuit reversed Judge Cahill's bulliant decision reported at 846 F.Supp. 768 in which he granted a substantial downward departure because of the "unconscious racism" that led to the crack-cocaine …