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U.S. v. Corrado, No. 93-2086 (3rd Cir.) (53 F.3d 620) (May 8, 1995) (Judge Timothy K. Lewis)

Article • June 1, 1995

Filed under: Punch And Jurists

U.S. v. Corrado, No. 93-2086 (3rd Cir.) (53 F.3d 620) (May 8, 1995) (Judge Timothy K. Lewis) by This case deals with the "one book rule" contained in § 1B1.11 of the Guidelines. Some previous Third Circuit cases had hinted that the "one book rule" might not be valid in …

U.S. v. Lewis, No. 93-5910 (4th Cir.) (53 F.3d 29) (April 17, 1995) (Judge Clyde H. Hamilton)

Article • June 1, 1995

Filed under: Conspiracy, Punch And Jurists

U.S. v. Lewis, No. 93-5910 (4th Cir.) (53 F.3d 29) (April 17, 1995) (Judge Clyde H. Hamilton) by Case held that the district court's failure to give defendant's proposed instruction requiring it to acquit him of conspiracy if it found that he did not have illegal agreement with anyone other …

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 Court reversed a restitution order due to district court's failure to make specific findings whether the defendant could realistically make the payments ordered. United States v. Mortimer, 52 F.3d 429 (2nd Cir. …

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 Case held that the findings stated in the presentence report do not "in and of itself" satisfy the statute's requirement that the court consider the defendant's financial condition. United States v. Mortimer, …

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. 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, Delegation of Authority

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by Court held that district court could not authorize probation department to determine schedule of restitution payments as a special condition of supervised release.

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, Medical Treatment/Expenses

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Case is noted for its discussion of the adequacy of the BOP's medical care. In note 7 on page 786 the Court makes reference to a recent study by the General Accounting …

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker)

Article • June 1, 1995

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker) by In this case the issue raised on appeal was the legality of the district court's "practice" to decrease all sentences based on substantial assistance to authorities by three levels. The Third Circuit …

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. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker)

Article • June 1, 1995

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker) by In this case the issue raised on appeal was the legality of the district court's "practice" to decrease all sentences based on substantial assistance to authorities by three levels. The Third Circuit …

U.S. v. Solorio, No. 93-50507 (9th Cir.) (52 F.3d 827) (April 26, 1995) (Per Curiam)

Article • June 1, 1995

Filed under: Punch And Jurists, Plain Error

U.S. v. Solorio, No. 93-50507 (9th Cir.) (52 F.3d 827) (April 26, 1995) (Per Curiam) by Without stating a single reason for its action, the Court simply withdrew its previous published decision, reported at 37 F.3d 954, and which was highly critical of the Government - and replaced that decision …

U.S. v. Tejada-Beltran, No. 94-1780 (1st Cir.) (50 F.3d 105) (March 31, 1995) (Judge Bruce M. Selya)

Article • May 1, 1995

Filed under: Punch And Jurists, Leader, Manager, Organizer

U.S. v. Tejada-Beltran, No. 94-1780 (1st Cir.) (50 F.3d 105) (March 31, 1995) (Judge Bruce M. Selya) by Case held that when a defendant stages an extensive activity in such a way as to evince an increased degree of responsibilty, the four level enhancement in § 3B1.1(a) applies whether or …

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan)

Article • May 1, 1995

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan) by In this case, the defendant moved for a downward departure at sentencing pursuant to U.S.S.G. § 5H1.4 based on the fact that he was HIV positive, although he has not yet developed …

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner)

Article • May 1, 1995

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner) by Court held that a defendant was entitled to an evidentiary hearing to determine whether the Government acted in good faith in refusing to file a § 5K1.1 motion. Here's another of the …

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes)

Article • May 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes) by One of those rare cases where the court found that there was sufficient reason to permit the withdrawal of a guilty plea, here because the judge who accepted the guilty plea misstated …

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner)

Article • May 1, 1995

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Leonard, No. 94-1175 (2nd Cir.) (50 F.3d 1152) (March 28, 1995) (Judge Roger J. Miner) by This decision contains an important analysis of what is required of a defendant to qualify for the three point Guideline reduction under U.S.S.G. § 3E1.1 (Acceptance of Responsibility). The district court had …

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart)

Article • May 1, 1995

Filed under: Bankruptcy, Punch And Jurists

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Court held that a discharge in bankruptcy does not have any effect on the court's ability to order restitution, or the defendant's obligation to pay. In this case, the defendant argued that …

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes)

Article • May 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes) by One of those rare cases where the court found that there was sufficient reason to permit the withdrawal of a guilty plea, here because the judge who accepted the guilty plea misstated …

U.S. v. Werber, No. 94-1162 (2nd Cir.) (51 F.3d 342) (March 29, 1995) (Judge Jose A. Cabranes)

Article • May 1, 1995

Filed under: Punch And Jurists

U.S. v. Werber, No. 94-1162 (2nd Cir.) (51 F.3d 342) (March 29, 1995) (Judge Jose A. Cabranes) by Here's another sick sentencing credit case, which is probably as much a slap at Judge McKenna for showing some compassion and logic. After the BOP refused to give credit to the defendant …