Search | Punch and Jurists

U.S. v. Abercrombie, No. CRIM.A. 3:99-00022 (S.D.W.Va.) (59 F.Supp.2d 585) (July 21, 1999) (Judge Joseph R. Goodwin)

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

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Abercrombie, No. CRIM.A. 3:99-00022 (S.D.W.Va.) (59 F.Supp.2d 585) (July 21, 1999) (Judge Joseph R. Goodwin) by At one point in this decision, Judge Goodwin observed that “[n]o appellate court has addressed the issue of whether assistance rendered by a third party may justify a substantial assistance motion.” (Id., …

U.S. v. Pillow, No. 98-4516 (4th Cir.) (191 F.3d 403) (September 7, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Pillow, No. 98-4516 (4th Cir.) (191 F.3d 403) (September 7, 1999) (Judge Karen J. Williams) by Here the Court held that the starting point for calculating a sentence reduction based on USSG § 5K1.1 is the statutory mandatory minumum, not the low end of the Guideline range that …

U.S. v. De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus) by Here the Court established two principles to determine whether a mitigating role adjustment under USSG § 3B1.2 is proper - namely, the defendant's role in the relevant conduct and the defendant's role …

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. DeRoover, No. CR 98 965 (JBW) (E.D.N.Y.) (36 F.Supp.2d 531) (February 16, 1999) (Judge Jack B. Weinstein) by This decision by Judge Weinstein is a good example of the extremes to which the courts must go if they wish to escape the rigidity of the "sentence-by-the-numbers" Guidelines and …

U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Rettelle, No. 97-1928 (6th Cir.) (165 F.3d 489) (January 22, 1999) (Judge Karen Nelson Moore) by Court affirmed that whether a defendant possessed the threshhold number of marijuana plants that would trigger the statutory mandatory minimum sentence had to be based only on the plants directly associated with …

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harris, No. 96-10416 (9th Cir.) (165 F.3d 1277) (February 4, 1999) (Per Curiam) by While the full court voted not to rehear en banc its previous decision reported at 154 F.3d 1082, Judge Kozinski ripped into the judges who wrote that decision, accusing them of being disrespectful to …

U.S. v. Simmons, No. 97-4025 (8th Cir.) (154 F.3d 765) (August 17, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Simmons, No. 97-4025 (8th Cir.) (154 F.3d 765) (August 17, 1998) (Judge Richard S. Arnold) by Here the Court wrote: "At the heart of Simmons's and Fisher's argument is a disagreement with the District Court and the government over what is meant by the term "proceeds" for purposes …

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins) by Back in 1994, two student-athletes, who were on football scholarships at Fresno State University, were convicted of a spree of armed robberies of some restaurants and hotels in the Fresno area. Because …

U.S. v. Isaza-Zapata, No. 97-5443 (3rd Cir.) (148 F.3d 236) (June 8, 1998) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Isaza-Zapata, No. 97-5443 (3rd Cir.) (148 F.3d 236) (June 8, 1998) (Judge Marjorie O. Rendell) by Here the Third Circuit rejected the Seventh Circuit's rule that a drug courier is not entitled to a minor role adjustment because "when a drug courier is held accountable only for the …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by Case held that drugs which a defendant bought and possessed for personal consumption rather than to sell could not be used as uncharged drug-related misconduct to enhance his sentence. United States v. …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by United States v. Perulena, 146 F.3d 1332 (11th Cir. 1998) (Judge Tjoflat) United States v. Wyss, 147 F.3d 631 (7th Cir. 1998) (Judge Posner) Both of these cases raise interesting (and winning) …

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman)

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

Filed under: Punch And Jurists, Mandatory Minimums

Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman) by Citing U.S. v. Valente, 961 F.2d 133, 135 (9th Cir. 1992), the Court noted that §§ 5K2.0-5K2.15 address departures from the Guideline ranges and not from statutory mandatory minimum sentences. Case …

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz) by Here the Court held that "flex" - a mixture of flour, wax and baking soda - was not a "controlled substance" as defined in 21 U.S.C. § 802(7). In this case, the …

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson) by Case held that alleged unmarketability of mixture containing methamphetamine did not preclude court from including that mixture in the weight of the drugs.

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (136 F.3d 740) (March 3, 1998) (Judge John C. Godbold)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (136 F.3d 740) (March 3, 1998) (Judge John C. Godbold) by This case involves another judge who showed blind allegiance to the principle that justice demands eking out the maximum possible penalty, this time even if unsupported by his own prior …

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz) by In this case the Court adressed the issue of calculating the weight of drugs by using waste mixtures and materials to increase the defendant's sentence. In the early days of the Guidelines, …

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig) by United States v. Wright, 131 F.3d 1111 (4th Cir. 1997) (Judge Luttig) The defendant in this case was arrested while in possession of a 3.25 gram rock (or 1/10th of an ounce) …

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by Court rejected a claim that the district court erred by attributing to the defendant the full weight of the drugs involved on the grounds that only 0.5% of the mixture was drugs …

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza) by Court vacated a drug conviction for distribution on the grounds that the Government failed to prove anything but simple possession. This is an interesting drug case in which the Fifth Circuit first …

U.S. v. Mendoza, No. 96-50137 (9th Cir.) (121 F.3d 510) (August 6, 1997) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Mendoza, No. 96-50137 (9th Cir.) (121 F.3d 510) (August 6, 1997) (Judge Jr. William C. Canby) by Court held that a proper grounds for departure is the defendant's lack of control over, or knowledge of, the purity of the methamphetamine that he delivered; and the failure of the …