Search | Punch and Jurists

U.S. v. Felix, No. 95-50250 (9th Cir.) (87 F.3d 1057) (June 27, 1996) (Judge James T. Jr. Trimble)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Felix, No. 95-50250 (9th Cir.) (87 F.3d 1057) (June 27, 1996) (Judge James T. Jr. Trimble) by Court held that Guideline Amendment 518 merely clarified, rather than amended, the Guidelines by specifying the weight of drugs to be considered in a completed transaction and therefore should be given …

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Sanchez, No. 94 CR 1040 (SAS) (S.D.N.Y.) (925 F.Supp. 991) (March 13, 1996) (Judge Shira A. Scheindlin) by While the companion case to this case dealt primarily with the quantity of drugs attributable to a conspirator who was not charged with any substantive violation, this decision is noted …

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Patino-Cardenas, No. 94-20914 (5th Cir.) (85 F.3d 1133) (June 10, 1996) (Judge Harold R. Jr. DeMoss) by This case is noted because of its reminder that "silence is golden" and because of its analysis of the development of the current Guideline provision dealing with acceptance of responsibility, namely …

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Shrestha, No. 95-50040 (9th Cir.) (86 F.3d 935) (June 24, 1996) (Judge Thomas G. Nelson) by In a case of first impression, the Ninth Circuit explores one of the parameters of the "safety-valve" provisions of 18 U.S.C. § 3553(f)(5) and U.S.S.G. § 5C1.2(5) in the context of a …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Case held that disclosure to a probation officer did not satisfy the requirements of the safety valve disclosure obligations because the Probation Officer is not part of "the Government" for purposes of …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Who is the "Government"?

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Case held that disclosure to a probation officer did not satisfy the requirements of the safety valve disclosure obligations because the Probation Officer is not part of "the Government" for purposes of …

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Montanez, No. 95-2096 (1st Cir.) (82 F.3d 520) (April 24, 1996) (Judge Michael Boudin) by Here the Court affirmed that "full disclosure" is the price that Congress has attached to relief under the safety valve statute, and that the burden falls on the defendant to prove his entitlement …

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Thompson, No. 95-30210 (9th Cir.) (80 F.3d 368) (April 3, 1996) (Judge Betty Binns Fletcher) by This case is noted because of the Court's strong statement that a defendant's eligibility for an acceptance-of-responsibility reduction does not turn on cooperation in the apprehension or prosecution of co-defendants. Citing U.S. …

U.S. v. Flanagan, No. 95-20468 (5th Cir.) (80 F.3d 143) (March 29, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Flanagan, No. 95-20468 (5th Cir.) (80 F.3d 143) (March 29, 1996) (Judge Fortunato P. Benavides) by Twice in this case the Government appealed from the sentences imposed by Judge Hughes of Texas, and both times the Fifth Circuit remanded. The issue on this appeal was whether Judge Lynn …

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Romo, No. 95-3937 (8th Cir.) (81 F.3d 84) (April 9, 1996) (Judge George G. Fagg) by Here the Court held that to qualify for a safety valve sentence reduction, the defendant must truthfully disclose all information about his crime "including the identities and participation of others" (Id., at …

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Adu, No. 95-1488 (6th Cir.) (82 F.3d 119) (April 15, 1996) (Judge Nelson Lively) by In affirming the denial of a safety valve sentence reduction the court noted that the burden of proof is greater than for acceptance of responsibilty because it requires the defendant to disclose all …

U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell) by Case held that defendants cannot claim the benefit of § 3553(f) merely because the Government never sought them out for debriefing; and that the disclosure obligations for the safety valve are more …

U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell)

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

Filed under: Punch And Jurists, Safety Valve

U.S. v. Ivester, No. 94-5866 (4th Cir.) (75 F.3d 182) (February 15, 1996) (Judge Donald S. Russell) by Case held that defendants cannot claim the benefit of § 3553(f) merely because the Government never sought them out for debriefing; and that the disclosure obligations for the safety valve are more …

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Arrington, No. 95-1566 (7th Cir.) (73 F.3d 144) (January 2, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case received a two point acceptance of responsibility reduction in his sentence under U.S.S.G. § 3E1.1(a); but was denied the "safety-valve" reduction on the grounds that he had …

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Acosta-Oliva, No. 94-2281 (10th Cir.) (71 F.3d 375) (December 5, 1995) (Judge Stephen H. Anderson) by Case held that defendant must "tell all" to qualify for safety valve sentence reduction. This is a controversial decision that deals with the so-called "safety-valve" provision contained in 18 U.S.C. § 3553(f) …

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by This case deals extensively with Guideline Amendment # 487 which was adopted on November 1, 1993, and which provided that, for purposes of the Guidelines, "cocaine base" means crack. That amendment was …

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt) by The Court held held that the district court erred in applying Section 2J1.2(c)(1)'s cross-reference to Section 2X3.1 ("Accessory After the Fact"). Application of the cross-reference resulted in a higher offense level than Washington …

U.S. v. Snell, No. CR 95-10084-NG (D.Mass.) (899 F.Supp. 17) (August 25, 1995) (Judge Nancy Gertner)

Article • November 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Snell, No. CR 95-10084-NG (D.Mass.) (899 F.Supp. 17) (August 25, 1995) (Judge Nancy Gertner) by This case contains an excellent review of the purposes and historical bases of the Brady rule and the Jenck's Act. The Brady rule was announced by the Supreme Court in Brady v. Maryland, …

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz)

Article • October 1, 1995

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz) by Although this case does not specifically deal with Amendment No. 506, one of the arguments made by the defendant in this case was a general challenge to the constitutionality of U.S.S.G. § …

U.S. v. Wrenn, No. 94-2089 (1st Cir.) (66 F.3d 1) (September 25, 1995) (Judge Sandra L. Lynch)

Article • October 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Wrenn, No. 94-2089 (1st Cir.) (66 F.3d 1) (September 25, 1995) (Judge Sandra L. Lynch) by This case involves an appeal by a defendant who contends that he gave the Government all the information required to qualify him for a reduction of sentence below the mandatory minimum under …