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U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Sanders, No. 95-3759 (6th Cir.) (97 F.3d 856) (October 9, 1996) (Judge Damon J. Keith) by Case held that prior State conviction for involuntary manslaughter was a "violent offense" for purposes of the Armed Career Criminal Act.

U.S. v. Ortega, No. 95-1365, No. 746 (2nd Cir.) (94 F.3d 764) (August 30, 1996) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Sentences - Prior/Unrelated

U.S. v. Ortega, No. 95-1365, No. 746 (2nd Cir.) (94 F.3d 764) (August 30, 1996) (Judge J. Daniel Mahoney) by One of the issues addressed by the court in this case dealth with the use of prior uncounseled convictions to enhance a defendant's sentence. On that issue, the Court wrote: …

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Sentences - Prior/Unrelated

Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by This case holds that just because a defendant pleads guilty to certain offenses "in the same court, at the same time, and before the same judge" (Id., at 549), and even though …

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by This case is noted because it explores an issue rarely discussed - the scope of Rule 609(a)(1) of the Fed.R.Evid. as it applies to the impeachment of a witness (here the …

U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Bacon, No. 95-5653 (4th Cir.) (94 F.3d 158) (August 30, 1996) (Judge Karen J. Williams) by Case held that unless a defendant claims that he was deprived of counsel, a sentencing court is not permitted to disregard a prior conviction for purposes of 18 USC § 924(e), but …

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo) by

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Araujo, No. 95-1415, No. 817 (2nd Cir.) (79 F.3d 7) (March 8, 1996) (Judge Ralph K. Jr. Winter) by Case held that bad acts evidence need not be similar in kind if it is offered to prove knowledge or intent. In this case the Second Circuit refused to …

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Windle, No. 95-8008 (10th Cir.) (74 F.3d 997) (January 22, 1996) (Judge Wade Brorby) by The commentary to § 4A1.2 of the Guidelines permits the use of prior "uncounseled misdemeanor sentences" to increase a defendant's Criminal History Category, even where imprisonment was not imposed. In this case, the …

U.S. v. Anderson, No. 95-1743 (7th Cir.) (72 F.3d 563) (December 27, 1995) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Anderson, No. 95-1743 (7th Cir.) (72 F.3d 563) (December 27, 1995) (Judge Richard A. Posner) by This is another important Guidelines case from the 7th Circuit, this one dealing with U.S.S.G. § 4A1.3 (adequacy of criminal history category). Here, the defendant pled guilty to conspiracy to possess cocaine …

U.S. v. Valencia-Andrade, No. 95-50093 (9th Cir.) (72 F.3d 770) (December 27, 1995) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Valencia-Andrade, No. 95-50093 (9th Cir.) (72 F.3d 770) (December 27, 1995) (Judge Arthur L. Alarcon) by This is another case that shows how rigid laws and sentencing by the numbers have become more important than justice and judicial discretion. The defendant pled guilty to possession of some methamphetamine …

U.S. v. Pratt, No. 95-1666 (1st Cir.) (73 F.3d 450) (January 18, 1996) (Judge Bailey Aldrich)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Pratt, No. 95-1666 (1st Cir.) (73 F.3d 450) (January 18, 1996) (Judge Bailey Aldrich) by After the defendant committed the grievous sin of mailing a dead pig to the Chief of Police, he was convicted of mailing a threatening communication under 18 U.S.C. § 876. Judge McAuliffe decided …

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Wacker, No. 93-3372 (10th Cir.) (72 F.3d 1453) (December 26, 1995) (Judge David M. Ebel) by One issue discussed in this case is the distinction between convictions that are "set aside" and those that are "expunged" for purposes of § 4A1.2. The precise issue was whether an earlier …

U.S. v. Ward, No. Crim. 95-0216-A (E.D.Va.) (908 F.Supp. 350) (December 1, 1995) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Ward, No. Crim. 95-0216-A (E.D.Va.) (908 F.Supp. 350) (December 1, 1995) (Judge Thomas Selby III Ellis) by In this case, the defendant argued that his criminal history category of II significantly over-represented the seriousness of his criminal history. Judge Ellis agreed that the argument was persuasive because, but …

U.S. v. Shore, No. CV 95-0181 (E.D.N.Y.) (903 F.Supp. 385) (October 21, 1995) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Shore, No. CV 95-0181 (E.D.N.Y.) (903 F.Supp. 385) (October 21, 1995) (Judge Arthur D. Spatt) by This case involves a dramatic increase in a defendant's criminal history category based primarily on a 20 year-old foreign marijuana conviction involving an amount of drugs that the Judge admits would only …

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Booker, No. 94-3847 (7th Cir.) (71 F.3d 685) (December 6, 1995) (Judge Kenneth F. Ripple) by Section 4A1.2(c) of the Guidelines contains a long list of prior sentences that are counted or excluded in calculating a defendant's criminal history category. If the precise crime is not listed, the …

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Hall, No. 95-5314 (6th Cir.) (71 F.3d 569) (December 12, 1995) (Judge Gilbert S. Merritt) by Case held that including bad check convictions (which are not fraudulant in nature) with bank fraud in criminal history category was erroneous since they were not similar in nature as required by …

U.S. v. Badru, No. 94-3163 (D.C. Cir.) (97 F.3d 1471) (October 4, 1996) (Judge Judith W. Rogers)

Article • January 1, 1995

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Badru, No. 94-3163 (D.C. Cir.) (97 F.3d 1471) (October 4, 1996) (Judge Judith W. Rogers) by One of the issues discussed in this case was the difference between "extrinsic" and "intrinsic" evidence of prior bad acts under Rule 404(b). The defendants objected to the admission of evidence of …

U.S. v. Brown, No. 93-5653 (4th Cir.) (23 F.3d 839) (May 5, 1994) (Judge John D. Jr. Butzner)

Article • January 1, 1994

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Brown, No. 93-5653 (4th Cir.) (23 F.3d 839) (May 5, 1994) (Judge John D. Jr. Butzner) by In this case, the district court found that the 1987 conviction involved a sale of only $ 20 worth of PCP, it decided that sentencing Brown as a career offender would …