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U.S. v. Fitzgerald, No. 95-50521 (5th Cir.) (89 F.3d 218) (July 12, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Fitzgerald, No. 95-50521 (5th Cir.) (89 F.3d 218) (July 12, 1996) (Judge John M. Jr. Duhé) by This case brings home one of the great equivocations that exists in the enforcement of our drug laws. It has long been a basic principle of American jurisprudence that, as a …

U.S. v. Mendoza, No. 95-50110 (9th Cir.) (78 F.3d 460) (March 11, 1996) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Mendoza, No. 95-50110 (9th Cir.) (78 F.3d 460) (March 11, 1996) (Judge John T. Jr. Noonan) by Court held that it was improper to base an upward departure on the quantity of the drugs involved. One of the issues raised in this case was a challenge to an …

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis) by Case examines drug mixtures in determining calculation of weight.

U.S. v. Butler, No. 94-30369 (9th Cir.) (74 F.3d 916) (January 22, 1996) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Butler, No. 94-30369 (9th Cir.) (74 F.3d 916) (January 22, 1996) (Judge Arthur L. Alarcon) by The defendant in this case was convicted of possession of crack under 21 U.S.C. § 844(a), and on appeal he argues that the court cannot impose a five year sentence without an …

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple)

Article • December 1, 1995

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple) by This case discusses the meaning of Application Note 12 to § 2D1.1 of the Guidelines which says that the court shall exclude from sentencing calculation drugs that the defendant did not "intend …

U.S. v. Kinder, No. 94-1333 (2nd Cir.) (64 F.3d 757) (August 16, 1995) (Judge Ralph K. Jr. Winter)

Article • October 1, 1995

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Kinder, No. 94-1333 (2nd Cir.) (64 F.3d 757) (August 16, 1995) (Judge Ralph K. Jr. Winter) by In 1993, the Guidelines were amended to change the method of calculating the weight of LSD. Since then, the prevailing view has been that Amendment 488 applied for purposes of the …

U.S. v. Reyes, No. 93-6149 (10th Cir.) (40 F.3d 1148) (November 23, 1994) (Judge David M. Ebel)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Reyes, No. 93-6149 (10th Cir.) (40 F.3d 1148) (November 23, 1994) (Judge David M. Ebel) by In this case the defendant pleaded guilty to one count of possessing with intent to distribute approximately three kilograms of cocaine. At sentencing, however, the district court found that the defendant had …