Search | Punch and Jurists

U.S. v. Remillong, No. 94-2647 (11th Cir.) (55 F.3d 572) (June 19, 1995) (Per Curiam)

Article • July 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Remillong, No. 94-2647 (11th Cir.) (55 F.3d 572) (June 19, 1995) (Per Curiam) by Court ruled that district court abused his discretion by failing to comply with mandate and prior instructions requiring assessment of defendant's ability to pay restitution; and it remanded the case to a different judge. …

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin)

Article • July 1, 1995

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Palacios-Casquete, No. 94-200 (11th Cir.) (55 F.3d 557) (June 15, 1995) (Judge Alfred T. Goodwin) by Case held that statutory provision applicable to alien who was deported after conviction of aggravated felony was enhancement provision, rather than statement of separate offense.

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. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case affirmed an upward departure for "repetitive discharge" even though it was alleged that it was mere happenstance that transformers were dumped on different days.

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse)

Article • July 1, 1995

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Thomas, No. 93-1813 (2nd Cir.) (54 F.3d 73) (April 21, 1995) (Judge Amalya Lyle Kearse) by This case reverses Judge Raggi's decision to increase a defendant's Criminal History Category under § 4A1.2 of the Guidelines by using prior convictions based on conduct that was part of the instant …

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple) by In his dissent, Judge Ferguson stated that the majority had, in effect, substituted the word "system" for "process" - and he argued that "process" is not a generic term that encompasses bankruptcy …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that Rule 32(c)(3)(D) is not triggered by a claim of legal error - there must be a claim of some factual inaccuracy in the Presentence Report.

U.S. v. D'Amore, No. 94-10091 (9th Cir.) (56 F.3d 1202) (June 12, 1995) (Judge William A. Norris)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. D'Amore, No. 94-10091 (9th Cir.) (56 F.3d 1202) (June 12, 1995) (Judge William A. Norris) by Here the Court held that "even when the motion is made on the day of trial, the [district] court must make a balancing determination, carefully weighing the inconvenience and delay against the …

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel)

Article • July 1, 1995

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel) by After the district court granted a substantial downward departure at sentencing, the Government appealed and the departure was reversed. On remand, the district court again gave a substantial departure, this time on …

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards) by The decision in this case explores the parameters of Rule 704(b) which prohibits an expert witness from testifying as to whether the defendant had "the mental state . . . constituting an …

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman) by Case held that there is no double counting when a court enhances a sentence based on the leader or organizer provisions in § 3B1.1(c) as well as on a finding that multiple …

U.S. v. Bush, No. 94-2025 (3rd Cir.) (56 F.3d 536) (June 12, 1995) (Judge Morton I. Greenberg)

Article • July 1, 1995

Filed under: Punch And Jurists, Grouping

U.S. v. Bush, No. 94-2025 (3rd Cir.) (56 F.3d 536) (June 12, 1995) (Judge Morton I. Greenberg) by A case which discusses the balance sought to be achieved by the grouping concept under §§ 3D1.1 and 3D1.2 - namely, the need to prevent multiple punishment for substantially identical offense conduct …

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder)

Article • July 1, 1995

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder) by In this case, the Sixth Circuit joins the 3rd, 4th, 5th and 7th Circuits in holding that the amount of loss for sentencing purposes under § 2F1.1 is the actual amount at …

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker)

Article • July 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker) by This case involves § 5G1.3 of the Guidelines, which deals with the imposition of sentences on a defendant subject to an undischarged term of imprisonment and the meaning of the phrase …

U.S. v. Lyons, No. 93-3202 (D.C. Cir.) (53 F.3d 1321) (May 9, 1995) (Judge Stephen F. Williams)

Article • July 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Lyons, No. 93-3202 (D.C. Cir.) (53 F.3d 1321) (May 9, 1995) (Judge Stephen F. Williams) by Although the Court refused to find error where district court incorrectly stated amount of fine, the Court did affirm the principle that deviations in Rule 11's requirements place onus on the Govt. …

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple) by Court rejected contention that enhancements for more than minimal planning under § 2F1.1(b)(2) and aggravating role under § 3B1.1 constituted impermissible double counting. There is a good listing, at 14 on page …

U.S. v. Romero-Carrion, No. 94-1792 (1st Cir.) (54 F.3d 15) (May 9, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. Romero-Carrion, No. 94-1792 (1st Cir.) (54 F.3d 15) (May 9, 1995) (Judge Conrad K. Cyr) by Case held that "it is clear that the failure to file the information required by § 851(a) deprives the district court of jurisdiction to impose an enhanced sentence." (Id., at 17-18).

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey)

Article • July 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Woody, No. 94-1387 (7th Cir.) (55 F.3d 1257) (May 5, 1995) (Judge John L. Coffey) by Case held that an AIDS-inflicted individual is not entitled to a downward departure unless the disease has progressed to such an advanced stage that it could be characterized as an extraordinary physical …

U.S. v. Sahhar, No. 94-50186 (9th Cir.) (56 F.3d 1026) (May 26, 1995) (Judge Mary M. Schroeder)

Article • July 1, 1995

Filed under: Punch And Jurists, Commitment

U.S. v. Sahhar, No. 94-50186 (9th Cir.) (56 F.3d 1026) (May 26, 1995) (Judge Mary M. Schroeder) by Case rejected a broad range of challenges to 18 USC § 4246 and held that indefinite commitment of defendant was justified by continued governmment interests in treating detainee's mental illness and protecting …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that a downward departure based on aberrant behavior unless the crime was a spontaneous and seemingly thoughtless act rather than one which was the result of substantial planning. This case …