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U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Spedden, No. Cr. No. 95-497-A (E.D.Va.) (917 F.Supp. 404) (March 1, 1996) (Judge James C. Cacheris) by Court sentenced defendant to 12 months home confinement due to cumulative nature of medical hardships facing the defendant and his family. In sharp contrast to the Dyce decision reported at 78 …

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by This is a case that should wake up a lot of people to the heartless rigidity of the Guidelines and the "quality of our civilization." Amrhu Dyce was convicted of possession with …

U.S. v. Londono, No. 95-1332, No. 546 (2nd Cir.) (76 F.3d 33) (January 5, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Londono, No. 95-1332, No. 546 (2nd Cir.) (76 F.3d 33) (January 5, 1996) (Judge Dennis G. Jacobs) by As expected, the Second Circuit reverses another decision by Judge Weinstein, in which he granted a downward departure under the Guidelines so that the defendant and his wife could have …

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy) by Case held that defendant's diagnosis of depression following arrest and conviction does not warrant a downward departure. This case involves a physician charged and convicted on a number of counts of improperly …

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer)

Article • November 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by Case held that combination of factors, including finding of aberrant behavior, palpably diminished capacity and significant family circumstances warranted a downward departure.

U.S. v. Fisher, No. 94-4108 (10th Cir.) (55 F.3d 481) (May 4, 1995) (Judge John L. Jr. Kane)

Article • July 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Fisher, No. 94-4108 (10th Cir.) (55 F.3d 481) (May 4, 1995) (Judge John L. Jr. Kane) by This is a sick case that shows how hard it is to get a downward departure for "extraordinary physical impairment" under § 5H1.4 of the Guidelines. This defendant was a paraplegic, …

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey)

Article • June 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Here's an interesting case that points out the inadequacy of medical care in Federal prisons. The defendant, a 450 pound individual with chronic asthma, was given a downward departure under §§ 5K2.11 …

U.S. v. Adler, No. 94-1436 (2nd Cir.) (52 F.3d 20) (April 6, 1995) (Per Curiam)

Article • June 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Adler, No. 94-1436 (2nd Cir.) (52 F.3d 20) (April 6, 1995) (Per Curiam) by

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner)

Article • April 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner) by Case held that an "extraordinary physical impairment" required by USSG § 5H1.4 for a downward departure requires a medical condition that the Bureau of Prisons is unable to accommodate (Id., …

U.S. v. Lopez-Aguilar, No. 93-CR-209 (E.D.N.Y.) (886 F.Supp. 305) (May 16, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Lopez-Aguilar, No. 93-CR-209 (E.D.N.Y.) (886 F.Supp. 305) (May 16, 1995) (Judge Jack B. Weinstein) by In this case Judge Weinstein rules that fertility problems of a defendant and his wife, who was in her thirties, constituted "extraordinary family circumstances" under § 5H1.6 of the Guidelines, and warranted a …

U.S. v. Rose, No. CR 94-243 (JBW) (E.D.N.Y.) (885 F.Supp. 62) (May 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Rose, No. CR 94-243 (JBW) (E.D.N.Y.) (885 F.Supp. 62) (May 17, 1995) (Judge Jack B. Weinstein) by United States v. Chambers, 885 F.Supp. 12 (D.D.C. 1995) United States v. Rose, 885 F.Supp. 62 (E.D.N.Y. 1995) Here are two Guideline departure cases that are bound to be appealed. In …

U.S. v. Naugle, No. CR 92-815 (E.D.N.Y.) (879 F.Supp. 262) (March 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Naugle, No. CR 92-815 (E.D.N.Y.) (879 F.Supp. 262) (March 17, 1995) (Judge Jack B. Weinstein) by While this case theoretically involves the propriety of a downward departure under § 5H1.6 of the Guidelines (special family needs), it really is just another saga in the continuing battle between Judge …

U.S. v. Canoy, No. 93-3315 (7th Cir.) (38 F.3d 983) (October 20, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Canoy, No. 93-3315 (7th Cir.) (38 F.3d 983) (October 20, 1994) (Judge Ilana Diamond Rovner) by Here, following the Supreme Court's decision in Koon v. U.S.. 518 U.S. 81 (1996), the Seventh Circuit recognized that extraordinary family circumstances could be a proper basis for departure under U.S.S.G. § …

U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin) by Here the Court approved a downward departures based on family circumstances, stating that justice would not be served by placing a 24 year old mother of two minot children in jail for …

U.S. v. Dyce, No. 93-219 (D.D.C.) (874 F.Supp. 1) (October 27, 1994) (Judge Stanley Sporkin)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dyce, No. 93-219 (D.D.C.) (874 F.Supp. 1) (October 27, 1994) (Judge Stanley Sporkin) by In this case, Judge Sporkin gave a young mother a sentence of 60 months probation instead of 60 months imprisonment, based on the "totality of circumstances" including extraordinary family circumstances.

U.S. v. Daniels, No. 92-2006 (1st Cir.) (3 F.3d 25) (August 30, 1993) (Judge Norman H. Stahl)

Article • January 1, 1994

Filed under: Punch And Jurists, Age

U.S. v. Daniels, No. 92-2006 (1st Cir.) (3 F.3d 25) (August 30, 1993) (Judge Norman H. Stahl) by Here the Court rejected the defendant's contention that his prior convictions that occurred in 1965, 1970 and 1973 were too old to justify a sentence enhancement as an Armed Career Criminal under …

U.S. v. Monaco, No. 93-5261 (3rd Cir.) (23 F.3d 793) (May 10, 1994) (Judge Richard L. Nygaard)

Article • January 1, 1994

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Monaco, No. 93-5261 (3rd Cir.) (23 F.3d 793) (May 10, 1994) (Judge Richard L. Nygaard) by The Court stated: "We do not believe that by promulgating U.S.S.G. § 5H1.6, the Sentencing Commission foreclosed the possibility of a downward departure in this extraordinary situation. That section specifically states that …

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Physical Condition

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella) by Here the First Circuit upheld the district court's refusal to depart because "there was no indication . . . that [defendants's] life would be threatened or shortened by virtue of being incarcerated... …