Search | Punch and Jurists

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Case affirmed an aggravating role sentence adjustment even though the Government did not identify five other participants, reasoning that defendant's activity was the "functional equivalent". In this case the court focuses on …

U.S. v. Pelliere, No. 94-3061 (10th Cir.) (57 F.3d 936) (June 13, 1995) (Judge Stephanie K. Seymour)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Pelliere, No. 94-3061 (10th Cir.) (57 F.3d 936) (June 13, 1995) (Judge Stephanie K. Seymour) by This case reviews the contours of § 3C1.1 of the Guidelines. It firmly holds that "denials of guilt or refusals to talk [to the probation officers] cannot serve as the basis for …

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes)

Article • July 1, 1995

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that a court's determination that a defendant has recidivist proclivities was sufficient to increase the defendant's criminal history category.

U.S. v. Lopez-Pineda, No. 94-1967 (1st Cir.) (55 F.3d 693) (June 6, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists

U.S. v. Lopez-Pineda, No. 94-1967 (1st Cir.) (55 F.3d 693) (June 6, 1995) (Judge Conrad K. Cyr) by Here's one of those crazy Rule 11 cases which confirms that, due to the Government's addictive need for plea bargains, it really can't afford to permit "intelligent" pleas where the defendant is …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by In this case the court focuses on the meaning of "otherwise extensive" in § 3B1.1(a). It holds that even though the Government did not identify five participants, a headcount is not necessarily …

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, Downward Departures

U.S. v. Garza, No. 94-6193 (10th Cir.) (57 F.3d 950) (June 13, 1995) (Judge David M. Ebel) by Case held that it was error to grant downward departure based on "super acceptance of responsibility", significant post offense rehabilitation and support of defendant's minor daughter while in prison.

U.S. Parole Com'n. v. Williams, No. 94-5284 (D.C. Cir.) (54 F.3d 820) (May 16, 1995) (Judge A. Raymond Randolph)

Article • July 1, 1995

Filed under: Punch And Jurists, Special Parole

U.S. Parole Com'n. v. Williams, No. 94-5284 (D.C. Cir.) (54 F.3d 820) (May 16, 1995) (Judge A. Raymond Randolph) by This is a sad reversal of Judge Sporkin's great decision, reported at 860 F.Supp. 1 (D.D.C. 1995), in which he ruled that the "yo-yo sentencing [practices of the Parole Commission] …

U.S. v. Melendez, No. 93-5755 (3rd Cir.) (55 F.3d 130) (May 22, 1995) (Judge Walter K. Stapleton)

Article • July 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Melendez, No. 93-5755 (3rd Cir.) (55 F.3d 130) (May 22, 1995) (Judge Walter K. Stapleton) by Another Zap the Rat case in which the Third Circuit joins the Eighth Circuit in holding that in order to grant a downward departure under § 5K1 of the Guidelines, the Government …

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, Lesser Harms

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. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler)

Article • June 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler) by This addresses the question of whether the Sentencing Commission exceeded its statutory authority by holding that drug conspiracies are included within the general provisions of § 4B1.1. Here, the Sixth Circuit …

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Hunter, No. 94-5461 (3rd Cir.) (52 F.3d 489) (April 13, 1995) (Judge Robert E. Cowen) by United States v. Mortimer, 52 F.3d 429 (2nd Cir. 1995) United States v. Hunter, 52 F.3d 489 (3rd Cir. 1995) Both of these cases both deal with restitution and the court's obligation …

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

U.S. v. Adler, No. 94-1436 (2nd Cir.) (52 F.3d 20) (April 6, 1995) (Per Curiam) by In this case the district court sentenced a defendant whose Guideline range was 10-16 months to a term of community confinement, reasoning that "community confinement" and "imprisonment" are synonymous. The Government appealed; and the …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by A multi-issue case which is cited due to its holding on restitution. In a continuation of recent favorable decisions, the Second Circuit remands some huge restitution orders because there was no indication …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by Court affirmed an upward departure in this Medicaid case under § 5K2.7 because the defendants not only disrupted the efficient administration of Medicaid, it also undermined the public's confidence in government.

U.S. v. Jones, No. 94-1391 (7th Cir.) (52 F.3d 697) (April 17, 1995) (Judge Ilana Diamond Rovner)

Article • June 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Jones, No. 94-1391 (7th Cir.) (52 F.3d 697) (April 17, 1995) (Judge Ilana Diamond Rovner) by A case that shows some of the evils that are attendant to the interview with the Probation Officer who is preparing the Presentence Report. Here, the Probation Officer recommended that the defendant …

U.S. v. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler)

Article • June 1, 1995

Filed under: Punch And Jurists

U.S. v. Williams, No. 94-5785 (6th Cir.) (53 F.3d 769) (May 17, 1995) (Judge Eugene E. Jr. Siler) by This addresses the question of whether the Sentencing Commission exceeded its statutory authority by holding that drug conspiracies are included within the general provisions of § 4B1.1. Here, the Sixth Circuit …

U.S. v. Huckins, No. 94-30052 (9th Cir.) (53 F.3d 276) (April 25, 1995) (Judge Diarmuid F. O'Scannlain)

Article • June 1, 1995

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Huckins, No. 94-30052 (9th Cir.) (53 F.3d 276) (April 25, 1995) (Judge Diarmuid F. O'Scannlain) by The Court noted that "Generally, hearsay evidence indeed may be used in sentencing. See U.S.S.G. 6A1.3(a). Because this court has held that 'a defendant clearly has a due process right not to …

U.S. v. Holifield, No. 94-3424 (3rd Cir.) (53 F.3d 11) (April 19, 1995) (Judge Anthony J. Scirica)

Article • June 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Holifield, No. 94-3424 (3rd Cir.) (53 F.3d 11) (April 19, 1995) (Judge Anthony J. Scirica) by A Guideline's case involving § 5G1.3, which states that the court shall impose a consecutive sentence "to the extent necessary to achieve a reasonable incremental punishment for the instant offense." Here, on …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by In support of its ruling, the Court cited U.S. v. Porcelli, 865 F.2d 1352, 1355, 1364-65 (2nd Cir. 1989). Court held that in ordering restitution the cour may consider the amount of …

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs)

Article • June 1, 1995

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Mortimer, No. 94-1163 (2nd Cir.) (52 F.3d 429) (April 12, 1995) (Judge Dennis G. Jacobs) by United States v. Mortimer, 52 F.3d 429 (2nd Cir. 1995) United States v. Hunter, 52 F.3d 489 (3rd Cir. 1995) Two more restitution cases, both dealing with restitution and the court's obligation …