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U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop) by Under U.S.S.G. § 5K2.11 (a “Policy Statement” that is entitled “Lesser Harms”), a sentencing court is permitted to depart downward from the otherwise applicable sentencing range under two separate and distinct circumstances: …
Robinson v. California, No. 554 (U.S. Supreme Court) (370 U.S. 660; 82 S.Ct. 1417) (June 25, 2062) (Justice Stewart)
Article • May 19, 2001
Filed under: Punch And Jurists, Drug or Alcohol Dependence
Robinson v. California, No. 554 (U.S. Supreme Court) (370 U.S. 660; 82 S.Ct. 1417) (June 25, 2062) (Justice Stewart) by Here the Court held that the Eighth Amendment forbids punishment of a drug addict merely due to his status of being a drug addict; and it invalidated a California statute …
U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen) by Here a divided en banc court held that, when resentencing a defendant in light of a retroactive amendment to the Guidelines, a district court may not grant a defendant a downward departure …
U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Criminal Conduct/Purpose
U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams) by Here the Fourth Circuit agreed with a number of other Circuits to have ruled on the issue that relevant conduct under the Guidelines must be criminal conduct - rejecting the Government's contrention …
U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Extreme Conduct or Injury
U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye) by Here the Court held that a defendant's mental illness, psychological condition, substantive abuse, or other ameliorative conditions are irrelevant to a district court's order of an upward departure based on extreme …
U.S. v. Bennett, No. 00-1330 (2nd Cir.) (252 F.3d 559) (May 31, 2001) (Judge Jon O. Newman)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Actions by Third Parties
U.S. v. Bennett, No. 00-1330 (2nd Cir.) (252 F.3d 559) (May 31, 2001) (Judge Jon O. Newman) by In this case, the Second Circuit reversed the decision of District Judge John Martin of the S.D.N.Y. to impose a ten year upward departure in the sentence of a defendant convicted of …
U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott) by While many courts continue to conclude that almost any sentencing disparity between co-defendants is never a valid ground for a sentencing departure, the Ninth Circuit continues to hold that a district court …
U.S. v. Buckendahl, No. 00-1001 (8th Cir.) (251 F.3d 753) (May 31, 2001) (Judge C. Arlen Beam)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Buckendahl, No. 00-1001 (8th Cir.) (251 F.3d 753) (May 31, 2001) (Judge C. Arlen Beam) by This is another of a number of recent cases that have considered whether significant sentencing disparities resulting from different sentencing practices and charging decisions of the U.S. Attorneys Offices can constitute a …
U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster) by This case is noted as a rare example of a defendant successfully challenging a district court's refusal to grant him a sentence reduction based on acceptance of responsibility, pursuant to U.S.S.G. § …
U.S. v. Ortiz, No. 00-1577 (2nd Cir.) (251 F.3d 305) (May 22, 2001) (Judge Jed S. Rakoff)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Ortiz, No. 00-1577 (2nd Cir.) (251 F.3d 305) (May 22, 2001) (Judge Jed S. Rakoff) by Here the Court held that when a sentencing court imposes an enhancement for trial perjury as required by U.S.S.G. § 3C1.1, it is improper to then offset that penalty by granting a …
U.S. v. Rosario, No. Crim. No. 00-645 (E.D.Pa.) (134 F.Supp.2d 661) (March 12, 2001) (Judge Marvin Katz)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Voluntary Disclosure of Offense
U.S. v. Rosario, No. Crim. No. 00-645 (E.D.Pa.) (134 F.Supp.2d 661) (March 12, 2001) (Judge Marvin Katz) by In denying the defendant's request for a downward departure based on U.S.S.G. § 5K2.16, he Court noted that to grant a departure under that section, "a court must find 1) that the …
U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple)
Article • February 1, 2001 • from P&J February, 2001
Filed under: Punch And Jurists, Voluntary Disclosure of Offense
U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple) by Here the Court affirmed that a defendant is not entitled to a sentence reduction for voluntary disclosure of the offense under USSG § 5K2.16 if the district court finds that the disclosure …
Lopez v. Davis, No. 99-7504 (U.S. Supreme Court) (531 U.S. 230; 121 S.Ct. 714) (January 10, 2001) (Justice Ginsburg)
Article • December 1, 2000 • from P&J December, 2000
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Lopez v. Davis, No. 99-7504 (U.S. Supreme Court) (531 U.S. 230; 121 S.Ct. 714) (January 10, 2001) (Justice Ginsburg) by Here the Supreme Court held that the BOP had acted within its discretionary right when is adopted revised regulations excluding persons whose crime involved a gun from receiving sentence reductions …
King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney)
Article • December 1, 2000 • from P&J December, 2000
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney) by In Bellis v. Davis, 186 F.3d 1092 (8th Cir. 1999), the Eighth Circuit held that under 28 C.F.R. § 550.58 the Bureau of Prisons (BOP) had authority to exclude prisoners from participating …
U.S. v. Armenta-Castro, No. 99-4155 (10th Cir.) (227 F.3d 1255) (September 12, 2000) (Judge Michael R. Murphy)
Article • November 1, 2000 • from P&J November, 2000
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Armenta-Castro, No. 99-4155 (10th Cir.) (227 F.3d 1255) (September 12, 2000) (Judge Michael R. Murphy) by
U.S. v. Working, No. 98-30121 (9th Cir.) (224 F.3d 1093) (September 11, 2000) (Judge Barry G. Silverman)
Article • September 1, 2000 • from P&J September, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Working, No. 98-30121 (9th Cir.) (224 F.3d 1093) (September 11, 2000) (Judge Barry G. Silverman) by In this case a majority of the en banc Court affirmed the granting of a huge 21-level downward departure to a wife accused of the attempted murder of her husband, despite the …
U.S. v. Bruder, No. 98 CR 196 (E.D.N.Y.) (103 F.Supp.2d 155) (June 27, 2000) (Judge Eugene H. Nickerson)
Article • August 1, 2000 • from P&J August, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Bruder, No. 98 CR 196 (E.D.N.Y.) (103 F.Supp.2d 155) (June 27, 2000) (Judge Eugene H. Nickerson) by This sentencing order arose out of the conviction of a number of police officers for their participation in and coverup of the sexual assault on Abner Louima by police officer Justin …
U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner)
Article • July 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner) by Here Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax evasion, on the grounds of mental illness/diminished capacity, and aberrant conduct, both independently and in combination. In …
U.S. v. Benally, No. 99-2145 (10th Cir.) (215 F.3d 1068) (June 9, 2000) (Judge Wade Brorby)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Benally, No. 99-2145 (10th Cir.) (215 F.3d 1068) (June 9, 2000) (Judge Wade Brorby) by Here the Tenth Circuit rejected the Government's contention that the Guidelines prohibit the sentencing courts from considering a downward departure based on aberrant conduct in cases involving serious violent felonies for which probation …
U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Hall, No. 98-2649 (7th Cir.) (212 F.3d 1016) (May 16, 2000) (Judge John L. Coffey) by Here the Seventh Circuit once again firmly rejected the use of any downward departures to correct a disparity in sentences between codefendants - even when, as here, the disparities were significant. In …
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