Search | Punch and Jurists

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Seals, No. 96-3108 (D.C. Cir.) (130 F.3d 451) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court vacated conviction as "career offender", because of its prior ruling that the pre-1995 version of § 4B1.1 did not apply to crimes not listed in 18 U.S.C. § 994(h).

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter) by Here the Court disagreed with Second Circuit's decision in U.S. v. Collado, 106 F.3d 1097 (2nd Cir. 1997) that 21 USC § 851(a)(2) was ambiguous; and thus applied sentencing enhancement.

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson) by Sale of alcohol to a minor, for which the defendant received a $340 fine, is not excludable from Criminal History Category as a "similar" crime as used in Sec. 4A1.2(c)(1). Case …

U.S. v. Gray, No. 97-1148 (8th Cir.) (126 F.3d 1109) (October 10, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Gray, No. 97-1148 (8th Cir.) (126 F.3d 1109) (October 10, 1997) (Judge George G. Fagg) by United States v. Roy, 126 F.3d 953 (7th Cir. 1997) United States v. Gray, 126 F.3d 1109 (8th Cir. 1997) Ever vigilant in its role of ridding the streets of America of …

U.S. v. Brewster, No. 97-1448 (1st Cir.) (127 F.3d 22) (October 2, 1997) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Brewster, No. 97-1448 (1st Cir.) (127 F.3d 22) (October 2, 1997) (Judge Bruce M. Selya) by The issue before the Court in this case was whether prior criminal conduct that is both uncharged and dissimilar can properly form the basis for a criminal history departure under U.S.S.G. § …

U.S. v. Roy, No. 96-1920 (7th Cir.) (126 F.3d 953) (September 29, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Roy, No. 96-1920 (7th Cir.) (126 F.3d 953) (September 29, 1997) (Judge Michael S. Kanne) by United States v. Roy, 126 F.3d 953 (7th Cir. 1997) United States v. Gray, 126 F.3d 1109 (8th Cir. 1997) Ever vigilant in its role of ridding the streets of America of …

U.S. v. Fernandez, No. 06-1655 (1st Cir.) (121 F.3d 777) (August 6, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Fernandez, No. 06-1655 (1st Cir.) (121 F.3d 777) (August 6, 1997) (Judge Steven J. McAuliffe) by The defendant in this case argued that a prior assault and battery conviction should not have been counted in deciding his career offender status, because neither violence, nor the use of force, …

U.S. v. Heidbur, No. 96-4264 (8th Cir.) (122 F.3d 577) (August 11, 1997) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Heidbur, No. 96-4264 (8th Cir.) (122 F.3d 577) (August 11, 1997) (Judge C. Arlen Beam) by Court rejected the Government's argument that the defendant's prior sexual conduct was "inextricably intertwined" with the crime charged and that it was similar in kind and proximate in time - ruling that …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one …

U.S. v. Messino, No. 96-1718 (7th Cir.) (122 F.3d 427) (August 20, 1997) (Judge Jesse E. Eschbach)

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

Filed under: Punch And Jurists, Prior Convictions - Expungement or Reversal of

U.S. v. Messino, No. 96-1718 (7th Cir.) (122 F.3d 427) (August 20, 1997) (Judge Jesse E. Eschbach) by Court held that reversal of convictions also operated to vacate forfeitures ordered on the basis of such convictions.

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Phillips, No. 95-8550 (11th Cir.) (120 F.3d 227) (August 22, 1997) (Judge Edward E. Carnes) by As explained by the Court, "this is one of those cases in which the district court struggles against the constraints of the guidelines in order to impose what he feels is a …

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Atkins, No. 95-3114 (D.C. Cir.) (116 F.3d 1566) (July 11, 1997) (Per Curiam) by One of this issues raised in this case was whether the district court had erred when it granted a downward departure in part because of a "possible miscalculation" in the defendant's prior sentence. The …

U.S. v. Carroll, No. WMN-96-0398 (D.Md.) (966 F.Supp. 392) (June 6, 1997) (Judge Herbert N. Maletz)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Carroll, No. WMN-96-0398 (D.Md.) (966 F.Supp. 392) (June 6, 1997) (Judge Herbert N. Maletz) by The issue in this case was whether the court could or should grant a downward departure pursuant to U.S.S.G. § 4A1.3 on the grounds that applying a "career offender status" to a defendant …

U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Gooden, No. 96-10601 (5th Cir.) (116 F.3d 721) (June 17, 1997) (Judge Fortunato P. Benavides) by In a case of first impression the Court held that "prior felony conviction" included conviction committed after the defendant committed the instant offense, but before sentencing in the instant offense. In its …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by See U.S. v. Torres, Docket No. 98-3006 (10th Cir. 7/7/99) where this approach was criricized. The Court held that because the district court did not take the defendant's prior sentence into account …

U.S. v. Latney, No. 95-3170 (D.C. Cir.) (108 F.3d 1446) (March 21, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Latney, No. 95-3170 (D.C. Cir.) (108 F.3d 1446) (March 21, 1997) (Judge A. Raymond Randolph) by In the overwhelming number of criminal cases, perhaps the most controverted of the Federal Rules of Evidence is Rule 404(b), which permits the prosecution to introduce evidence of an accused’s extrinsic acts …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by While the theme of this case is the ugly subject of murder, the principal issue raised transcends that heinous crime and explores an important facet of the use of so-called "bad …

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Pettiford, No. 96-1045 (1st Cir.) (101 F.3d 199) (November 25, 1996) (Judge Bailey Aldrich) by Case held that the scope of § 2255 appeal permits petitioner to raise other than constitutional and statutory issues - here a challenge to a sentencing enhancement for being an Armed Career Criminal …

U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Barton, No. 95-5542 (6th Cir.) (100 F.3d 43) (November 15, 1996) (Judge Allen E. Norris) by In this case, the Sixth Circuit joined with a minority of the Circuits in holding that convictions obtained after a defendant has committed a Federal firearms offense, but before the defendant is …