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U.S. v. Crosby, No. 03-1675 (2nd Cir.) (397 F.3d 103) (February 2, 2005) (Judge Jon O. Newman)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Crosby, No. 03-1675 (2nd Cir.) (397 F.3d 103) (February 2, 2005) (Judge Jon O. Newman) by Defendant appealed the judgment of the United States District Court for the Northern District of New York sentencing defendant to 10 years' imprisonment after he pled guilty to possession of a firearm …

U.S. v. Webb, No. 03-6110 (6th Cir.) (403 F.3d 373) (April 6, 2005) (Judge Karen Nelson Moore)

Article • March 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Webb, No. 03-6110 (6th Cir.) (403 F.3d 373) (April 6, 2005) (Judge Karen Nelson Moore) by In this case, the Court addressed some important open Booker issues, including: (1) the impact of joint recommendations and stipulations in a pre-Booker plea agreement; (2) the (rare) instances in which a …

U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Recidivism

U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon) by The 57-year old defendant in this case was a relatively small-time crack dealer who was convicted of distributing crack-cocaine; and his Guideline sentencing range was 168-210 months. After carefully computing …

U.S. v. Gonzalez, No. 05-2555 (7th Cir.) (462 F.3d 754) (September 11, 2006) (Judge Richard A. Posner)

Article • August 1, 2004 • from P&J August, 2006

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Gonzalez, No. 05-2555 (7th Cir.) (462 F.3d 754) (September 11, 2006) (Judge Richard A. Posner) by U.S. v. Gonzalez, 462 F.3d 754 (7th Cir. Sept. 11, 2006) (Judge Posner) U.S. v. Reuter, 463 F.3d 792 (7th Cir. Sept. 19, 2006) (Judge Posner) The New York Sun once called …

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Recidivism

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett) by Defendant pled guilty to maintaining a drug establishment in violation of 21 U.S.C. § 856. The court gave notice of its intent to depart upward under U.S. Sentencing Guidelines Manual § 4A1.3 …

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Recidivism

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel) by The Government appealed from an order of Judge Burrage of the N.D.Okla. In which he granted an eight-level departure at sentencing, pursuant to U.S.S.G. § 2G2.4(a), asserting the departure was an abuse …

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Recidivism

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber) by Among the many issues covered in this lengthy decision was the defendant’s appeal from a two-level upward departure in his offense level, pursuant to the provisions of U.S.S.G. § 4A1.3. That vertical …

U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Recidivism

U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor) by In this case the court held that Apprendi's recidivism exception encompasses the issue of whether prior convictions arose from offenses "committed on occasions different from one another." (Id., at 155.) The court first …