Search | Punch and Jurists

U.S. v. Maung, No. 00-10296 (11th Cir.) (267 F.3d 1113) (September 25, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Maung, No. 00-10296 (11th Cir.) (267 F.3d 1113) (September 25, 2001) (Judge Edward E. Carnes) by This case is noted for its detailed review of the law relating to the so-called “fencing enhancement” contained in U.S.S.G. § 2B6.1(b)(2) (a provision that deals with Motor Vehicle Identification Numbers). Under …

U.S. v. Mackey, No. 00-5666 (6th Cir.) (265 F.3d 457) (September 12, 2001) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Mackey, No. 00-5666 (6th Cir.) (265 F.3d 457) (September 12, 2001) (Judge Allen E. Norris) by In this post-Bailey case, the Court held that the words "in furtherance of" in the new provisions of 18 USC § 924(c)(1)(A) requires that the gun must "promote or facilitate" the underlying …

U.S. v. Ennenga, No. 00-1226 (6th Cir.) (263 F.3d 499) (August 17, 2001) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Ennenga, No. 00-1226 (6th Cir.) (263 F.3d 499) (August 17, 2001) (Judge Ronald Lee Gilman) by In this case the defendant contested the use of a sentencing enhancement under U.S.S.G. § 2K2.1(b)(5) for use of a gun in connection with a drug transaction, arguing that the Government had …

U.S. v. Castro-Hernandez, No. 01-50192 (9th Cir.) (258 F.3d 1057) (August 6, 2001) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Castro-Hernandez, No. 01-50192 (9th Cir.) (258 F.3d 1057) (August 6, 2001) (Judge Susan P. Graber) by The defendant in this case was arrested at the Mexican border as he attempted to enter the United States. The pickup truck that he was driving contained packages of marijuana. Defendant's three-year-old …

U.S. v. Humber, No. 00-11054 (11th Cir.) (255 F.3d 1308) (July 5, 2001) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Humber, No. 00-11054 (11th Cir.) (255 F.3d 1308) (July 5, 2001) (Judge James C. Hill) by As explained by the Court, this appeal presented "a simple question of first impression in this circuit and apparently all others under the sentencing guidelines: can a defendant who pleads guilty to …

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin) by In this case, the defendant was given a consecutive 60-month sentence for a § 924(c) firearms offense, as well as a seven level increase in his sentence under U.S.S.G. § 2B3.1(b)(2)(A) based …

U.S. v. Trask, No. CRIM. 00CR10111-NG (D.Mass.) (143 F.Supp.2d 88) (April 20, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Trask, No. CRIM. 00CR10111-NG (D.Mass.) (143 F.Supp.2d 88) (April 20, 2001) (Judge Nancy Gertner) by Here the court held it would be improper to impose a sentence enhancement for abuse of position of trust under U.S.S.G. § 3B1.3 in a stock churning case involving a 90-year old client …

U.S. v. Levy, No. 00-3170 (6th Cir.) (250 F.3d 1015) (May 22, 2001) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Levy, No. 00-3170 (6th Cir.) (250 F.3d 1015) (May 22, 2001) (Judge Eugene E. Jr. Siler) by Here the Court held that there was no impermissible double counting when the district court imposed upward departures based on USSG § 5K2.2 (physical injury) and § 5K2.8 (extreme conduct) since …

U.S. v. Murphy, No. 00-4599 (4th Cir.) (254 F.3d 511) (June 28, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Murphy, No. 00-4599 (4th Cir.) (254 F.3d 511) (June 28, 2001) (Judge J. Michael Luttig) by In 1994, Congress directed the Sentencing Commission to “promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense …

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle) by Here the Court held that a defendant who receives guns in exchange for drugs does not per se “use” the gun within the meaning of 18 U.S.C. § 924(c) which prohibits the …

U.S. v. McClain, No. 00-10346 (11th Cir.) (252 F.3d 1279) (May 31, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. McClain, No. 00-10346 (11th Cir.) (252 F.3d 1279) (May 31, 2001) (Judge Gerald B. Tjoflat) by The two defendants in this case, Ronald McClain and Desmond Tucker, pled guilty to various counts of conspiracy to commit bank fraud stemming from their use of young women to cash more …

U.S. v. Parker, No. 00-10118 (9th Cir.) (241 F.3d 1114) (March 1, 2001) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Parker, No. 00-10118 (9th Cir.) (241 F.3d 1114) (March 1, 2001) (Judge Alfred T. Goodwin) by Here the Court vacated an enhancement pursuant to USSG § 3B1.4 for using a minor to commit the crime on the grounds that the Government had failed to present evidence to show …

U.S. v. Sonsalla, No. 00-3454 (7th Cir.) (241 F.3d 904) (March 1, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, More than Minimal Planning

U.S. v. Sonsalla, No. 00-3454 (7th Cir.) (241 F.3d 904) (March 1, 2001) (Judge Joel L. Flaum) by In the case the Court rejected the defendant's contention that the district court had improperly enhanced his sentence for "more than minimal planning" pursuant to U.S.S.G. § 2F1.1(b)(2)(A), based on a finding …

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg) by This case presents another striking example of sentencing factor manipulation - this time involving the prosecution’s use of the mandatory minimum gun statutes as the means of escalating sentences that are already warped …

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs) by Here the Court reversed an enhancement for abuse of position of trust imposed on a company's assistant treasurer, stating that even though his position significantly aided the commission of his crime that …

U.S. v. Harris, No. 00-4154 (4th Cir.) (243 F.3d 806) (March 20, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Harris, No. 00-4154 (4th Cir.) (243 F.3d 806) (March 20, 2001) (Judge Diana Gribbon Motz) by Here the Court held that, based on the language, structure, context, and history of 18 USC § 924(c)(1)(A), an enhancement for "brandishing" a gun is a sentencing factor, not an element of …

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle) by In this case, one of the arguments made by the defendant was that the Government had failed to introduce any evidence at trial that the school near which he committed a drug …

U.S. v. Williams, No. 00-1129 (7th Cir.) (238 F.3d 871) (January 26, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Sentence Enhancements/Departures

U.S. v. Williams, No. 00-1129 (7th Cir.) (238 F.3d 871) (January 26, 2001) (Judge Kenneth F. Ripple) by

U.S. v. Aquino, No. 99-10501 (9th Cir.) (242 F.3d 859) (March 8, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Aquino, No. 99-10501 (9th Cir.) (242 F.3d 859) (March 8, 2001) (Judge Kim McLane Wardlaw) by Here the Court held that where a defendant is convicted of a § 924(c) violation, his sentence may not be enhanced at all for any conduct for which the defendant is accountable …

U.S. v. Ramsey, No. 00-2316 (7th Cir.) (237 F.3d 853) (January 18, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Ramsey, No. 00-2316 (7th Cir.) (237 F.3d 853) (January 18, 2001) (Judge Michael S. Kanne) by The defendant in this case, Joseph Ramsey, who was 19 years old at the time he committed his crime, pled guilty to three counts of distribution of crack cocaine, and he was …