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U.S. v. Mueffelman, No. 01-CR-10387-NG (D.Mass.) (327 F.Supp.2d 79) (July 26, 2004) (Judge Nancy Gertner)

Article • July 1, 2004 • from P&J July, 2004

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

U.S. v. Mueffelman, No. 01-CR-10387-NG (D.Mass.) (327 F.Supp.2d 79) (July 26, 2004) (Judge Nancy Gertner) by In the scholarly and logical fashion for which she is renowned, Judge Gertner has presented the most comprehensive - and one of the most compelling - analyses of the impact of Blakely v. Washington …

U.S. v. Sisson, No. Cr.No. 01-10185-EFH (D.Mass.) (326 F.Supp.2d 203) (July 21, 2004) (Judge Edward F. Harrington)

Article • July 1, 2004 • from P&J July, 2004

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

U.S. v. Sisson, No. Cr.No. 01-10185-EFH (D.Mass.) (326 F.Supp.2d 203) (July 21, 2004) (Judge Edward F. Harrington) by Here Judge Harrington announced that, in light of Blakely, he would recommence accepting criminal cases (after a three year absence) because Blakely appears to promise a return to the traditional approach to …

U.S. v. Booker, No. 03-4225 (7th Cir.) (375 F.3d 508) (July 9, 2004) (Judge Richard A. Posner)

Article • June 1, 2004 • from P&J July, 2004

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

U.S. v. Booker, No. 03-4225 (7th Cir.) (375 F.3d 508) (July 9, 2004) (Judge Richard A. Posner) by Shortly after the Supreme Court's landmark decision in Blakely v. Washington, 124 S.Ct. 2531 (2004), the Seventh Circuit became the first Federal Court of Appeals to hold that the Federal Sentencing Guidelines …

U.S. v. Pineiro, No. 03-30437 (5th Cir.) (377 F.3d 464) (July 12, 2004) (Judge Carolyn Dineen King)

Article • June 1, 2004 • from P&J July, 2004

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

U.S. v. Pineiro, No. 03-30437 (5th Cir.) (377 F.3d 464) (July 12, 2004) (Judge Carolyn Dineen King) by In sharp contrast to the Sixth and Seventh Circuit rulings in U.S. v. Montgomery, No. 03-5256 (6th Cir. July 14, 2004) and U.S. v. Booker, No. 03-4225 (7th Cir. July 9, 2004), …

U.S. v. Montgomery, No. 03-5256 (6th Cir.) (2004 U.S. App. LEXIS 14384) (July 14, 2004) (Judge Gilbert S. Merritt)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Montgomery, No. 03-5256 (6th Cir.) (2004 U.S. App. LEXIS 14384) (July 14, 2004) (Judge Gilbert S. Merritt) by In this brief decision, the Sixth Circuit agreed with the Seventh Circuit’s assessment (in U.S. v. Booker, No. 03-4225 (7th Cir. July 9, 2004)) that Blakely v. Washington, 124 S.Ct. …

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Smith, No. 03-CR-92 (E.D.Wisc.) (311 F.Supp.2d 801) (March 30, 2004) (Judge Lynn S. Adelman) by Defendant was charged with distribution of cocaine base, and he pled guilty to the charge. The trial court convicted defendant of the offense, and a presentence report was prepared. The report placed defendant's …

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (324 F.Supp.2d 1230) (July 7, 2004) (Judge Paul G. Cassell)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (324 F.Supp.2d 1230) (July 7, 2004) (Judge Paul G. Cassell) by

U.S. v. Mooney, No. 02-3388 (8th Cir.) (2004 U.S. App. LEXIS 15301) (July 23, 2004) (Per Curiam)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Mooney, No. 02-3388 (8th Cir.) (2004 U.S. App. LEXIS 15301) (July 23, 2004) (Per Curiam) by The per curiam label on this decision is actually quite deceptive - as it tends to cloud some of the significant differences among the judges on the contentious sentencing issues before the …

U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Khan, No. 02-CR-1242 (JBW) (E.D.N.Y.) (325 F.Supp.2d 218) (July 12, 2004) (Judge Jack B. Weinstein) by The defendant in this case was convicted of cash smuggling, 31 U.S.C. § 5332(a) and (b), making false statements 18 U.S.C. § 1001(a)(2), and conspiracy, 18 U.S.C. § 371 and he was …

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Croxford, No. 2:02-CR-00392-PGC (D.Utah) (324 F.Supp.2d 1255) (July 12, 2004) (Judge Paul G. Cassell) by Defendant was before the court for sentencing on the offense of sexual exploitation of a child in violation of 18 U.S.C.S. § 2251(a). The U.S. Supreme Court defined the "statutory maximum" for Apprendi …

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph) by Defendant appealed from a judgment of the United States District Court for the District of Columbia, that convicted him of distributing five or more grams of "cocaine base," in violation of 21 …

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein) by

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez) by In this decision, the Ninth Circuit joined the judicial debate about the impact of Blakely v. Washington on the Federal Sentencing Guidelines. The defendant, Alfred Ameline, pled guilty to the possession of …

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker) by Rather that getting embroiled in the game of guessing what the Supreme Court meant - and how far its decision in Blakely v. Washington, 124 S.Ct. 2531 (2004) was intended to …

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart) by Defendant was convicted upon his plea to felon in possession of firearm and ammunition. In sentencing defendant, the court departed upward two levels based on its finding that a death resulted from the …

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon) by In this noteworthy decision, Judge McMahon patiently addressed and rejected a number of the Government's arguments regarding the impact of Blakely on the Federal Sentencing Guidelines. Among her conclusions, she stated: …

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam)

Article • September 1, 2003 • from P&J September, 2003

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

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam) by The defendant in this case pled guilty to using the Internet to persuade a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). The District Court sentenced defendant to …

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

Article • August 1, 2003 • from P&J August, 2003

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

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson) by Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the …

U.S. v. Ashley, No. 02-3931 (8th Cir.) (342 F.3d 850) (September 9, 2003) (Judge Kermit Edward Bye)

Article • August 1, 2003 • from P&J August, 2003

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

U.S. v. Ashley, No. 02-3931 (8th Cir.) (342 F.3d 850) (September 9, 2003) (Judge Kermit Edward Bye) by The defendant in this case, Charles Ashley, pled guilty to a single count of receipt of pornographic materials involving minors, in violation of 18 U.S.C. § 2252(a)(2) and (b)(1); and he was …

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam)

Article • July 22, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam) by In this landmark case, the Court held that a sentencing court may consider conduct underlying counts for which the defendant has been acquitted as a means of enhancing his sentence …