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Article • October 1, 1995
U.S. v. Burnett, No. 95-1716 (7th Cir.) (66 F.3d 137) (September 14, 1995) (Judge Frank H. Easterbrook) by Case held that when a courier is held accountable for only the amount he carries, he plays a significant rather than a minor role in that offense. "Henchmen and factotums therefore do …
U.S. v. Snook, No. 94-4004 (7th Cir.) (60 F.3d 394) (July 26, 1995) (Judge Michael S. Kanne) by For a different view when the case involves only possession with intent to distribute (and not conspiracy), see U.S. v. Wyss, 147 F.3d 631 (7th Cir. 1998). Case held that drugs which …
Article • January 1, 1995
U.S. v. Bush, No. Crim. A. No. 94-185 (E.D.Pa.) (896 F.Supp. 424) (August 7, 1995) (Judge Stewart Dalzell) by Here the Court declined to reduce the defendant's sentence under USSG § 5K1.1 based on assistance provided not by the defendant, but rather her paramour, holding that Rule 35(b) only allows …
Article • January 1, 1995
U.S. v. Lampkins, No. 94-1748 (7th Cir.) (47 F.3d 175) (January 18, 1995) (Judge Richard D. Cudahy) by Here the Court affirmed the lower court's decision not to grant a mitigating circumstance downward departure based on minimal or minor role because, although the defendant was only a drug courier, he …
Article • January 1, 1995
U.S. v. Abdullah, No. Crim. No. JFM-94-0422 (D.Md.) (903 F.Supp. 913) (November 3, 1995) (Judge Herbert N. Maletz) by On December 12, 1995, the U.S. Sentencing Commission announced that it will not propose any Guideline Amendments for 1996 in order the facilitate the Commission's completion of a comprehensive review of …
Article • January 1, 1994
U.S. v. Robins, No. 91-50286 (9th Cir.) (967 F.2d 1387) (April 6, 1992) (Judge David R. Thompson) by Calculating the weight of drugs for sentencing purposes. In this case the Court vacated a sentence that had been based on including 2,779 grams of cornmeal with only 1/10th of a gram …
Article • January 1, 1994
U.S. v. Saccoccia, No. Crim.A. No. 91-115-T (D.R.I.) (823 F.Supp. 994) (June 4, 1993) (Judge Ernest C. Torres) by Case held that "proceeds" within meaning of RICO forfeiture provision meant entire amount realized from racketeering activity and not just profits made by defendant.
Article • January 1, 1994
U.S. v. Winston, No. 93-5936 (6th Cir.) (37 F.3d 235) (October 5, 1994) (Judge Nathaniel R. Jones) by In this case the Court held that the statute imposing an enhanced sentence for drug violation involving at least 50 grams of cocaine base (21 U.S.C. § 841(b)(1)(A)) applies only to single …
Article • January 1, 1994
U.S. v. Doe, No. Cr. A. No. CR 93-XXX-A (E.D.Va.) (870 F.Supp. 702) (December 19, 1994) (Judge Thomas Selby III Ellis) by The defendant in this case was a convicted heroin trafficker who possessed information about another heroin trafficker, but who feared that his information would not be sufficiently helpful …
Article • January 1, 1994
U.S. v. Kipp, No. 92-30302 (9th Cir.) (10 F.3d 1463) (December 2, 1993) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to possession with intent to distribute approximately 117.25 grams of cocaine. In the plea agreement, the parties expressly reserved the right to argue the amount …
Article • January 1, 1994
U.S. v. Rose, No. 88-3017 (7th Cir.) (881 F.2d 386) (August 1, 1989) (Judge Richard A. Posner) by
Article • January 1, 1994
U.S. v. Goff, No. 91-4031 (6th Cir.) (6 F.3d 363) (September 20, 1993) (Judge James L. Ryan) by Here the Court held that the Guidelines permitted no chance of mercy to reduce the sentence of a wheel-chair bound wuadriplegic convicted of drug crimes from the mandatory minimum - but see …
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