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U.S. v. Rodriguez-Lopez, No. 98-50674 (9th Cir.) (198 F.3d 773) (December 20, 1999) (Judge Stephen Reinhardt)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Deportation/Removal/Exclusion - Waivers of/Consents to

U.S. v. Rodriguez-Lopez, No. 98-50674 (9th Cir.) (198 F.3d 773) (December 20, 1999) (Judge Stephen Reinhardt) by Here a divided panel from the Ninth Circuit held that an alien/defendant's offer to stipulate to deportation is a vaild basis for a downward departure frim the Guidelines sentencing range regardless of whether …

U.S. v. Stevens, No. 98-30289 (9th Cir.) (197 F.3d 1263) (December 2, 1999) (Judge Susan P. Graber)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Stevens, No. 98-30289 (9th Cir.) (197 F.3d 1263) (December 2, 1999) (Judge Susan P. Graber) by In this case the Court rejected a downward "heartland" departure in a pronography case based on the harms addressed by the statute, stating that such departures must be based a comparision of …

U.S. v. Martin, No. 98-3831 (8th Cir.) (195 F.3d 1018) (November 18, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Martin, No. 98-3831 (8th Cir.) (195 F.3d 1018) (November 18, 1999) (Per Curiam) by The defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and at sentencing the district court imposed a four-level sentencing enhancement under the provisions …

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Deterrence/Recidivism

U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner) by In this case Judge Gertner granted a significant downward departure based on aberrant conduct to a defendant who suffered from a gambling compulsion and fell prey to the wiles of a loanshark who offered …

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Jeter, No. 98-5801 (6th Cir.) (191 F.3d 637) (October 18, 1999) (Judge Cornelia G. Kennedy) by Here, reversing its earlier decision, the Court held that the fact that the defendant engaged in additional criminal conduct after his arrest on state charges would not preclude an acceptance of responsibility …

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Rudolph, No. 97-2053 (6th Cir.) (190 F.3d 720) (September 14, 1999) (Judge Danny J. Boggs) by Here the Court stated: "Rudolph's appeal raises the question of whether a district court has the discretion to depart downward on the basis of a defendant's rehabilitative efforts made after the defendant …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby) by Here the Court held that the BOP was well within its discretion in classifying all § 924(c) crimes as violent crimes for the purpose of denying eligibility to prisoners to participate …

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold) by Disagreeing with the Tenth Circuit, the Eighth Circuit held that the BOP's new regulations and program statement dealing with the eligibility of prisoners in a drug treatmnent program was a "manifestly permissible …

U.S. v. Jeter, No. 98-5801 (6th Cir.) (183 F.3d 480) (July 12, 1999) (Judge Ronald Lee Gilman)