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U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack) by Here the Court held that an attempt to withdraw a guilty plea on issues that relate directly to guilt justifies a refusal to grant a sentencing departure for acceptance of responsibility under …

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook) by Adhering to the rigid line of anti-Apprendi decisions from the Seventh Circuit, the Court in the instant case (a) rejected a constitutional challenge to the provisions of 21 U.S.C. § 841 (that …

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy) by Here the Court held that in a prosecution of a felon for possession of a weapon, it was proper for the sentencing judge to determine that the weapon involved was an automatic …

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya) by Here the Court flatly rejected the defendant's assertion that Apprendi required a jury determination as to drug quantity because the finding significantly increased his Guideline sentencing range and sentence (although not above …

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett) by Recently the D.C. Circuit Court held, in U.S. v. Fields, 242 F.3d 393 (D.C. Cir. 2001) (See P&J, 2/19/01), that a “leadership” sentencing enhancement under U.S.S.G. § 3B1.1(a) is subject to the Apprendi …

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (242 F.3d 393) (March 13, 2001) (Judge Harry T. Edwards) by It took a long time for the D.C. Circuit to address Apprendi v. New Jersey, 530 U.S. 466 (2000), but its analysis of that decision was worth the wait. Here, not only …

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Burden of Proof

Hoffman v. Arave, No. 99-99002 (9th Cir.) (236 F.3d 523) (January 3, 2001) (Judge Harry Pregerson) by While this capital murder case dealt primarlity with a number of claims relating to ineffective assistance of counsel issues and habeas issues relating to Idaho law, the Court did address one Apprendi issue …

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen) by

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (128 F.Supp.2d 739) (February 1, 2001) (Judge Eugene H. Nickerson) by Here Judge Nickerson became the first judge to hold that, under Apprendi, any facts that increase a defendant's sentence beyond the sentencing range prescribed by the Guidelines must be submitted to …

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 99-5846 (6th Cir.) (238 F.3d 777) (January 30, 2001) (Per Curiam) by The defendants in this case were planning to rob a convenience store on an Army base when two soldiers approached. After brandishing a gun and warning the soldiers to back off, one of the …

U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lewis, No. 00-4016 (4th Cir.) (235 F.3d 215) (December 19, 2000) (Judge William W. Jr. Wilkins) by Here the Court held that there was no violation of Due Process Clause and no violation of Apprendi even though the amount of the tax loss on which the Guideline range …

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Munoz, No. 99-50195 (9th Cir.) (233 F.3d 1117) (December 6, 2000) (Judge Richard C. Tallman) by United States v. Munoz, 233 F.3d 1117 (9th Cir. 2000) (Judge Tallman) United States v. Meyer. 234 F.3d 319 (7th Cir. 2000) (Judge Rovner) United States v. Ofcky, No. 00-1420, (7th Cir. …

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Meyer, No. 99-1919 (7th Cir.) (234 F.3d 319) (December 4, 2000) (Judge Ilana Diamond Rovner) by Here the Court held that there was no due process violation when the sentencing court determined by a mere preponderance of the evidence that the defendant should be sentenced for first degree …

U.S. v. Kinter, No. 99-4621 (4th Cir.) (235 F.3d 192) (December 19, 2000) (Judge Paul V. Niemeyer)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kinter, No. 99-4621 (4th Cir.) (235 F.3d 192) (December 19, 2000) (Judge Paul V. Niemeyer) by Here the Court addressed the tantalizing issue of whether Apprendi entitles a defendant to have a jury decide, by proof beyond a reasonable doubt, every fact that has the real effect of …

U.S. v. Baltas, No. 99-1547 (1st Cir.) (236 F.3d 27) (January 2, 2001) (Judge Salvador E. Casellas)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Baltas, No. 99-1547 (1st Cir.) (236 F.3d 27) (January 2, 2001) (Judge Salvador E. Casellas) by Here the Court held that no Apprendi error occurs when the district court sentences the defendant within the prescribed statutory maximum, even where the jury never determined the drug quantity by proof …

U.S. v. Cordoba-Murgas, No. 98-1280 (2nd Cir.) (233 F.3d 704) (December 5, 2000) (Judge J. Garvin Murtha)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Preponderance of Evidence Standard

U.S. v. Cordoba-Murgas, No. 98-1280 (2nd Cir.) (233 F.3d 704) (December 5, 2000) (Judge J. Garvin Murtha) by Here a panel held that it is error for a district court to require the Government to prove certain uncharged facts at sentencing by a clear and convincing standard of proof rather …

U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon) by This case dealt with the burden of proof required under the Guidelines in light of Apprendi. In a detailed analysis of that issue, the Ninth Circuit concluded that "[w]hile we have recognized …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by This is one of those flim-flam sentencing decisions involving that special brand of “now-you-see-it-now-you-don’t” evidence that exists only at sentencing and only in America. The decision is particularly noted because it helps …

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Romero-Rendon, No. 99-50137 (9th Cir.) (220 F.3d 1159) (July 31, 2000) (Judge Diarmuid F. O'Scannlain) by Here, slightly modifying its previous decision reported at 198 F.3d 745, the Court held that an unchallenged presentence report was sufficient to prove by clear and convincing evidence the facts supporting a …

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Nelson, No. 99-10127 (9th Cir.) (222 F.3d 545) (August 16, 2000) (Judge Myron H. Bright) by The defendant in this case challenged the district court's refusal to grant a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 in two ways. First, he contended that the government's representations--both written …