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U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Withdrawal
U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea.
U.S. v. Sammoury, No. 95-3043 (D.C. Cir.) (74 F.3d 1341) (February 6, 1996) (Judge A. Raymond Randolph)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Mistake of Fact
U.S. v. Sammoury, No. 95-3043 (D.C. Cir.) (74 F.3d 1341) (February 6, 1996) (Judge A. Raymond Randolph) by Court rejected a claim that the defendant should receive a downward departure as a battered woman - under both U.S.S.G. §§ 5K2.12 and 5K2.13 - and held that an appellate court has …
U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)
Article • March 1, 1996 • from P&J March, 1996
Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation
U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by While the court acknowledged that some courts have been "unwilling to make a broad generalization that those convicted of receiving child pornography also ordinarily abise children", it concluded that § 2G2.2 would …
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. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Taylor, No. 94-4003 (7th Cir.) (72 F.3d 533) (December 20, 1995) (Judge John L. Coffey) by Of the many issues explored in this case, one deals with the concept of "acceptance of responsibility" and it is a forceful reminder of the advantages of silence at sentencing. Prior to …
U.S. v. Sarno, No. 93-50859 (9th Cir.) (73 F.3d 1470) (December 11, 1995) (Judge Monroe G. McKay)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Jeopardizing the Soundness of a Financial Institution
U.S. v. Sarno, No. 93-50859 (9th Cir.) (73 F.3d 1470) (December 11, 1995) (Judge Monroe G. McKay) by This multi-issue case involves what the court calls "the financial looting of a federally insured lending institution by would-be robber barons." The appeal covers a number of issues, but one sentencing issue …
In Re Ellenbogen, No. 94-3175 (D.C. Cir.) (72 F.3d 153) (December 22, 1995) (Judge David B. Sentelle)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Contempt
In Re Ellenbogen, No. 94-3175 (D.C. Cir.) (72 F.3d 153) (December 22, 1995) (Judge David B. Sentelle) by This case involves an appeal by a court-appointed criminal defense attorney who was convicted of criminal contempt of court for willfully disobeying or resisting a lawful order of a court. In the …
U.S. v. Carvell, No. 95-1606 (1st Cir.) (74 F.3d 8) (January 19, 1996) (Judge Sandra L. Lynch)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Carvell, No. 95-1606 (1st Cir.) (74 F.3d 8) (January 19, 1996) (Judge Sandra L. Lynch) by This case raises a novel approach to a request for a downward departure, and explores an interesting interplay between the provisions of U.S.S.G. § 5H1.4 (which prohibits downward departures for drug "dependence" …
U.S. v. Resto, No. 94-1678, No. 1628 (2nd Cir.) (74 F.3d 22) (January 3, 1996) (Judge Pierre N. Leval)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists
U.S. v. Resto, No. 94-1678, No. 1628 (2nd Cir.) (74 F.3d 22) (January 3, 1996) (Judge Pierre N. Leval) by In order to qualify for a reduction of a sentence below the mandatory minimum under the so-called "safety valve" provisions of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, one …
U.S. v. Farley, No. 92-3127 (D.C. Cir.) (72 F.3d 158) (December 22, 1995) (Judge Karen LeCraft Henderson)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas
U.S. v. Farley, No. 92-3127 (D.C. Cir.) (72 F.3d 158) (December 22, 1995) (Judge Karen LeCraft Henderson) by In this case the defendant entered into a "wired" plea agreement, under which the defendant and his two co-defendants were told that none of them would receive the benefits of the Government's …
U.S. v. Tibolt, No. 94-2221 (1st Cir.) (72 F.3d 965) (December 29, 1995) (Judge Conrad K. Cyr)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Exigent Circumstances
U.S. v. Tibolt, No. 94-2221 (1st Cir.) (72 F.3d 965) (December 29, 1995) (Judge Conrad K. Cyr) by Case affirmed a warrantless search of defendant's residence as justified by exigent circumstances, notwithstanding fact that officers were mistaken in belief that residence was the source of a security alarm that gave …
Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam) by This habeas corpus case is noted because it highlights one of those notable myths about the Federal Sentencing Guidelines. In its Introduction to the Guidelines, the Sentencing Commission proudly proclaimed that the Guidelines would …
U.S. v. Lewis, No. 95 CR 300 (SAS) (S.D.N.Y.) (907 F.Supp. 683) (October 16, 1995) (Judge Shira A. Scheindlin)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists
U.S. v. Lewis, No. 95 CR 300 (SAS) (S.D.N.Y.) (907 F.Supp. 683) (October 16, 1995) (Judge Shira A. Scheindlin) by In this case Judge Scheindlin refused to impose a two-level "sophisticated means" enhancement to a sentence under § 2T1.1(b)(2), as recommended by the Government. In one of her typically detailed …
U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices
U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox) by In this case, three defendants pled guilty pursuant to cooperation agreements with the Government. At sentencing, the Government recommended sentences of 66, 84 and 60 months, reflecting the defendants' relative culpability and …
U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Failure to Object/Late Objections
U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox) by In this case, three defendants pled guilty pursuant to cooperation agreements with the Government. At sentencing, the Government recommended sentences of 66, 84 and 60 months, reflecting the defendants' relative culpability and …
U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Lombard, No. 94-2000 (1st Cir.) (72 F.3d 170) (December 15, 1995) (Judge Sandra L. Lynch) by Here the Court called into question the constitutional implications of the district court's use of two murders for which the defendant had been acquitted to enhance his sentence based on a finding …
U.S. v. Padilla, No. 95-494-CR-Atkins (S.D.Fla.) (908 F.Supp. 923) (November 27, 1995) (Judge C. Clyde Atkins)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Polygraph Evidence/Testing
U.S. v. Padilla, No. 95-494-CR-Atkins (S.D.Fla.) (908 F.Supp. 923) (November 27, 1995) (Judge C. Clyde Atkins) by In this case the defendant was arrested at the Miami airport, after a substantial amount of heroin was discovered in her luggage. At the time, she was accompanied by her two daughters, aged …
In Re Collins, No. 95-3861 (6th Cir.) (73 F.3d 614) (November 1, 1995) (Per Curiam)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Right to be Present
In Re Collins, No. 95-3861 (6th Cir.) (73 F.3d 614) (November 1, 1995) (Per Curiam) by On a petition for a Writ of Mandamus, the Court held that the prisoner/petitioner had no right to attend the depositions of the defendants he was suing in a civil rights action.
U.S. v. Galbreth, No. Crim. 94-197 MV (D.N.M.) (908 F.Supp. 877) (October 4, 1995) (Judge Martha Vazquez)
Article • February 1, 1996 • from P&J February, 1996
Filed under: Punch And Jurists, Polygraph Evidence/Testing
U.S. v. Galbreth, No. Crim. 94-197 MV (D.N.M.) (908 F.Supp. 877) (October 4, 1995) (Judge Martha Vazquez) by In this wilful tax evasion case, the sole issue was whether the defendant knew that his income tax returns omitted taxable income which should have been reported. At defense counsel's request, the …
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