Search | Punch and Jurists

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann)

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

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

U.S. v. White, No. 00-1113 (2nd Cir.) (240 F.3d 127) (February 13, 2001) (Judge Robert A. Katzmann) by Here the Court joined with the vast majority of Circuits in holding that, for double jeopardy purposes, a defendant cannot be convicted under both 21 U.S.C. § 841(a) and 21 U.S.C. § …

U.S. v. Hishaw, No. 99-6258 (10th Cir.) (235 F.3d 565) (December 20, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Sentence Enhancements/Departures

U.S. v. Hishaw, No. 99-6258 (10th Cir.) (235 F.3d 565) (December 20, 2000) (Judge Robert H. Henry) by

U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent)

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

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by Here the Court held that a defendant must be "substantially less culpable than the average participant" to qualify as a minor participant under USSG § 3B1.2 - rather than to evaluate his …

U.S. v. Willard, No. 99-10534 (9th Cir.) (230 F.3d 1093) (October 25, 2000) (Judge Susan P. Graber)

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

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

U.S. v. Willard, No. 99-10534 (9th Cir.) (230 F.3d 1093) (October 25, 2000) (Judge Susan P. Graber) by Here the Court reversed a two-level enhancement for abuse of position of trust imposed on a mother who begged her daughter not to squeal to the Feds that she had been sexually …

U.S. v. Hernandez, No. 00-1537 (7th Cir.) (231 F.3d 1087) (November 9, 2000) (Judge Daniel A. Manion)

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

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

U.S. v. Hernandez, No. 00-1537 (7th Cir.) (231 F.3d 1087) (November 9, 2000) (Judge Daniel A. Manion) by In this case the defendant, a staff accountant who stole $115,000 from Zenith Electronics Corporation, challenged the imposition of a two-level enhancement under U.S.S.G. § 3B1.3 for abuse of position of trust. …

U.S. v. Nicholson, No. 99-2206EA (8th Cir.) (231 F.3d 445) (November 1, 2000) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Sentence Enhancements/Departures

U.S. v. Nicholson, No. 99-2206EA (8th Cir.) (231 F.3d 445) (November 1, 2000) (Judge Richard S. Arnold) by

U.S. v. Covey, No. 00-1768 (8th Cir.) (232 F.3d 641) (November 16, 2000) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Covey, No. 00-1768 (8th Cir.) (232 F.3d 641) (November 16, 2000) (Judge Diana E. Murphy) by Here, Judge Loken objected to the majority's rather routine approval of a sentence enhancement for the defendant, an accountant, based on his "use of his special skills" as a CPA to effectuate …

U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam) by The defendant in this case was arrested in 1986 on drug and possession of firearm charges. During a search of his property at the time of the arrest, law enforcement agents seized approximately $ …

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez) by Here the Court affirmed the use of the so-called "fencing enhancement" under USSG § 2B1.1(b)(4)(B) - for being in the business of receiving and selling stolen property - even where the business …

U.S. v. Pounds, No. 99-15058 (11th Cir.) (230 F.3d 1317) (October 20, 2000) (Per Curiam)

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

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

U.S. v. Pounds, No. 99-15058 (11th Cir.) (230 F.3d 1317) (October 20, 2000) (Per Curiam) by The defendant in this case, Nebrum Pounds, pled guilty to one count of interference with commerce by robbery, in violation of the Hobbs Act, 18 U.S.C. § 1951, and one count of using and …

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum) by The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that …

U.S. v. Souther, No. 99-4582 (4th Cir.) (221 F.3d 626) (June 5, 2000) (Judge Henry M. Jr. Herlong)

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

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

U.S. v. Souther, No. 99-4582 (4th Cir.) (221 F.3d 626) (June 5, 2000) (Judge Henry M. Jr. Herlong) by The defendant in this case pled guilty to two counts of bank robbery. His sentence was enhanced by three levels for “brandishing, displaying, or possessing” a dangerous weapon during the bank …

Watterson v. U.S., No. 98-1596 (3rd Cir.) (219 F.3d 232) (July 10, 2000) (Judge Maryanne Trump Barry)