Search | Punch and Jurists

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg) by The Eight Circuit vacated a downward departure in this case granted in part on the basis that incarceration would place a terrible financial burden on the wife. It stated that "even if …

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Archuleta, No. 96-2269 (10th Cir.) (128 F.3d 1446) (November 17, 1997) (Judge Stephen H. Anderson) by Case held that defendant's family circumstances - that he was sole support for two children who, in his absence would be cared for by an alleged drug abuser and his diabetic mother …

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Rodriguez-Velarde, No. 96-2292 (10th Cir.) (127 F.3d 966) (October 17, 1997) (Judge Michael R. Murphy) by Case held that because family circumstances are a discouraged factor, when familiy circimstances are used as the sole basis for a downward departure, they must be "extraordinary." (id., at 968-69). In this …

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner) by What sets this case apart from the norm (and shows a great deal about the mentality of District Judge Mills) were the following facts, as recited by the Seventh Circuit: "Tyler contracted …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by Court discussed, at note 6, availability of departure based on defendant's physical condition. This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created …

U.S. v. Ayers, No. 95 CR 131 (N.D.Ill.) (971 F.Supp. 1197) (May 30, 1997) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Lack of Guidance as a Youth

U.S. v. Ayers, No. 95 CR 131 (N.D.Ill.) (971 F.Supp. 1197) (May 30, 1997) (Judge Ann Claire Williams) by In November of 1992, the Sentencing Commission added this new policy statement which holds that "lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not relevant …

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy) by The Court noted that "the disintegration of existing family life or relationships is insufficient to warrant a departure." (Id., at 474). Here the Court rejected downward departure based on fact that defendant, …

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Employment Record

U.S. v. Carter, No. 96-3860 (7th Cir.) (122 F.3d 469) (August 27, 1997) (Judge Richard D. Cudahy) by Here the court rejected a claim that because the defendant's employment was "strikingly meritorious" he was entitled to a downward departure. See also U.S. v. Stefonek, 179 F.3d 1030, 1038 (7th Cir. …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Age

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by Court discussed, at note 6, availability of departure based on defendant's age. This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under …

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Wilson, No. 96-4579 (4th Cir.) (114 F.3d 429) (May 22, 1997) (Judge William W. Jr. Wilkins) by Case reversed a downward departure for extraordinary family circumstances, holding that 21 year old defendant who had remained with this newborn child, rather than abaondoning it, was not an event that …

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Lack of Guidance as a Youth

U.S. v. Thomas, No. 96-7476 (3rd Cir.) (114 F.3d 403) (May 29, 1997) (Judge Edward R. Becker) by Court held that downward departures based on lack of guidance as a youth was a permitted grounds for departure before 1992 when § 5H1.12 2 was adopted.

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Galante, No. 96-1464, No. 831 (2nd Cir.) (111 F.3d 1029) (May 2, 1997) (Judge Richard J. Cardamone) by Here, in a surprising anf far-reaching decision, the majority (over the dissent of Judge Kearse) affirmed a sentencing departure based on family circumstances, strongly endorsing the trial court's discretion in …

U.S. v. Blackwell, No. Crim. No. 95-671 (AJL) (D.N.J.) (954 F.Supp. 944) (January 21, 1997) (Judge Alfred J. Jr. Lechner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Blackwell, No. Crim. No. 95-671 (AJL) (D.N.J.) (954 F.Supp. 944) (January 21, 1997) (Judge Alfred J. Jr. Lechner) by Here Judge Lechner angrily rejected the Government's attempt to seek a downward departure for an inner-city defendant on the basis of extraordinary family responsibilites, claiming it was attempting to …

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Artim, No. 96-202 (D.N.J.) (944 F.Supp. 363) (November 1, 1996) (Judge Stephen M. Orlofsky) by This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Court affirmed a downward departure on the basis of the defendant's kidney failure and charitable good works. Decisions like this one usually don't get published. First of all, they raise …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Decisions like this one usually don't get published. First of all, they raise the disturbing question whether law enforcement officers of our nation are accorded special treatment - even when …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid opinion, reported at 78 F.3d 610 (D.C.Cir. 1996), which was discussed at length in the April 22, 1996 issue …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (91 F.3d 1462) (July 30, 1996) (Judge James L. Buckley) by Case held that a mother of three young children is not entitled to sentencing departure based on "extraordinary" circumstances. This decision amends, in minor ways, Judge Buckley's earlier unforgettably rigid and frigid …

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by The defendant in this case was originally convicted of the interstate shipment of adulterated orange juice, and his Guideline sentencing level was 19 - calling for a sentence of 30 to 37 …

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes) by Case held that exceptional community or charitable activities may provide a basis for departure under the Guidelines.