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U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne)
Article • July 1, 2000 • from P&J July, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne) by In this case the Seventh Circuit, on a Government motion for reconsideration, broadly retreated from the scope of its prior decision reported at 176 F.3d 959 (7th Cir. 1999) which had suggested …
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (215 F.3d 969) (June 14, 2000) (Judge Susan P. Graber)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (215 F.3d 969) (June 14, 2000) (Judge Susan P. Graber) by In this case, a divided en banc Court reversed a panel’s previous decision (reported at 173 F.3d 741 (9th Cir. 1999) (See P&J, 4/19/99) (Banuelos I), and held that significant differences in …
U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court granted a downward departure from a Guideline sentencing range of 18-24 months to a term of five years probabtion to a defendant who found a loaded gun in a playground …
U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Hancock, No. CRIM.A. 97-664 (E.D.Pa.) (95 F.Supp.2d 280) (May 5, 2000) (Judge Marvin Katz) by Here the Court declined to grant a departure based on extraordinary rehabilitation, because although the defendant's conduct in working with the disadvantaged was noteworthy, it was part of his chosen profession and not …
U.S. v. Sentamu, No. 99-1315 (2nd Cir.) (212 F.3d 127) (May 12, 2000) (Judge Amalya Lyle Kearse)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to
U.S. v. Sentamu, No. 99-1315 (2nd Cir.) (212 F.3d 127) (May 12, 2000) (Judge Amalya Lyle Kearse) by In this case District Judge Sifton granted a defendant a one-level downward departure from his Guideline sentencing range of 30-37 based on the defendant's "voluntary agreement to be deported from the United …
U.S. v. Bonnet-Grullon, No. 99-1321(L) (2nd Cir.) (212 F.3d 692) (May 12, 2000) (Judge Amalya Lyle Kearse)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Bonnet-Grullon, No. 99-1321(L) (2nd Cir.) (212 F.3d 692) (May 12, 2000) (Judge Amalya Lyle Kearse) by In this case the Second Circuit held that a district court, when sentencing a defendant on a charge of illegally re-entering the country after being deported following a conviction for an aggravated …
U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Bradstreet, No. 99-1267 (1st Cir.) (207 F.3d 76) (March 27, 2000) (Judge Norman H. Stahl) by In this case, the First Circuit joined a majority of the Circuits in holding that a district court may use post-sentencing rehabilitation to depart downward in a sufficiently exceptional case; and its …
U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Caron, No. 99-1507 (1st Cir.) (208 F.3d 321) (April 5, 2000) (Judge Michael Boudin) by Here, citing its ruling in U.S. v. Bradstreet, 207 F.3d 76, the Court affirmed the district court's refusal to grant a downward departure based on post-sentence relabilitation, stressing the such departures, while permissible, …
U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Kane, No. Crim.A. 98-541 (E.D.Pa.) (88 F.Supp.2d 408) (March 24, 2000) (Judge Marvin Katz) by In this case, the defendant sold a total of five ounces of methamphetamine to a confidential informant on two occasions. Because of his prior convictions, he qualified as a career offender under the …
U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts) by Here the Court granted a downward departure based on a combination of factors, including the lesser harms provisions of USSG § 5K2.11, holding that the various factors were present to a degree …
U.S. v. Martinez, No. 99-1285 (2nd Cir.) (207 F.3d 133) (March 21, 2000) (Judge Robert A. Katzmann)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Martinez, No. 99-1285 (2nd Cir.) (207 F.3d 133) (March 21, 2000) (Judge Robert A. Katzmann) by In this case the Court revisited its broad holding in Zecevic v. U.S. Parole Commission, 163 F.3d 731 (2nd Cir. 1998), P&J, 1/18/99, where it adopted the minority view among the Circuits …
In Re Sealed Case, No. 97-3104 (D.C. Cir.) (204 F.3d 1170) (March 14, 2000) (Judge Judith W. Rogers)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Cooperation with Local Authorities
In Re Sealed Case, No. 97-3104 (D.C. Cir.) (204 F.3d 1170) (March 14, 2000) (Judge Judith W. Rogers) by In this case, the defendant failed to object at sentencing when the district court refused to grant him a downward departure for substantial assistance (under U.S.S.G. § 5K1.1) based on assistance …
Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson)
Article • March 1, 2000 • from P&J March, 2000
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson) by Once again the Tenth Circuit has invalidated the Bureau of Prisons' regulations and related program statement establishing eligibility criteria for sentence reductions to prisoners who complete drug treatment programs. The Court held …
U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)
Article • March 1, 2000 • from P&J March, 2000
Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances
U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by In this case District Judge Weinstein refused to sentence a young woman bank robber to prison because he concluded that incarceration would “debilitate” rather than “rehabilitate” her. Pointing to a number …
U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)
Article • February 1, 2000 • from P&J February, 2000
Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances
U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court rejected a ten-level downward departure based in part on the defendant's age (72 years old), noting that eight active judges on the Court are seventy years of age or …
U.S. v. Shafer, No. 98-1955 (6th Cir.) (199 F.3d 826) (December 22, 1999) (Judge Karen Nelson Moore)
Article • February 1, 2000 • from P&J February, 2000
Filed under: Punch And Jurists, Criminal Conduct/Purpose
U.S. v. Shafer, No. 98-1955 (6th Cir.) (199 F.3d 826) (December 22, 1999) (Judge Karen Nelson Moore) by The defendant in this case was convicted of making false statements in violation of 18 U.S.C. § 1001 - and, at sentencing, the district court included in its sentencing calculation as relevant …
Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam) by Adding to the Circuit split on this issue, a majority held that the recent BOP regulations which deny participation in drug treatment programs to prisoners whose offenses involved firearms were a reasonable exercise of …
U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer) by This case is an example of the stark reality that different standards often apply when courts are called upon to sentence those who work for “the Government” and those who don’t. In …
Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam) by Adding to the Circuit split on this issue, a majority held that the recent BOP regulations which deny participation in drug treatment programs to prisoners whose offenses involved firearms were a reasonable exercise of …
U.S. v. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Daas, No. 98-10490 (9th Cir.) (198 F.3d 1167) (December 30, 1999) (Judge David J. Carter) by Here the Ninth Circuit held that the district court had erred when it concluded that it did not have authority to grant a sentence reduction in order to equalize disparate sentences, stating …
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