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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 Some comments on the Supreme Court's landmark decision which held that a jury's verdict of acquittal on certain counts is not a bar to consideration of the conduct underlying such …

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor)

Article • April 27, 2003

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

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor) by This is an important relevant conduct case which held that where Congress has authorized a partucular punishment range for a given crime, any punishment within that range constitutes punishment only …

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker)

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

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

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker) by Here the Court confirmed the generally accepted rule that, for sentencing, it is not necessary for the Government to show that the substance i question contained sodium bicarbonate in order to demonstrate …

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed)

Article • September 1, 2002 • from P&J September, 2002

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

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed) by Here the Court affirmed an enhancement for murder under U.S.S.G. § 2D1.1(d)(1) on the grounds that the murder was both foreseeable and in furtherance of the underlying drug conspiracy, even though the …

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block)

Article • October 1, 2001 • from P&J October, 2001

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

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block) by Under the Federal Sentencing Guidelines, a defendant’s sentence may be increased based on “relevant conduct” as determined by the sentencing judge - even if the relevant conduct arises out of crimes or acts for …

U.S. v. Stafford, No. 99-5706 (6th Cir.) (258 F.3d 465) (July 17, 2001) (Judge Gerald E. Rosen)

Article • September 1, 2001 • from P&J September, 2001

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

U.S. v. Stafford, No. 99-5706 (6th Cir.) (258 F.3d 465) (July 17, 2001) (Judge Gerald E. Rosen) by Although Judge Clay agreed that the district court's enhancement of the defendant's sentence for crack-cocaine under 21 U.S.C. § 841(b)(1) should be affirmed, he also forcefully argued that "Apprendi requirements apply to …

U.S. v. Hill, No. 00-41259 (5th Cir.) (258 F.3d 355) (July 11, 2001) (Judge Carolyn Dineen King)

Article • September 1, 2001 • from P&J September, 2001

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

U.S. v. Hill, No. 00-41259 (5th Cir.) (258 F.3d 355) (July 11, 2001) (Judge Carolyn Dineen King) by Here the Court held that the term "distribution" as ussed in USSG § 2G1.1(b)(2) includes purely gratuitous distribution of child pornography and does not have to include the receipt of money or …

U.S. v. Hernandez-Guardado, No. 99-10342 (9th Cir.) (228 F.3d 1017) (September 7, 2000) (Judge Arthur L. Alarcon)

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

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

U.S. v. Hernandez-Guardado, No. 99-10342 (9th Cir.) (228 F.3d 1017) (September 7, 2000) (Judge Arthur L. Alarcon) by

U.S. v. Pavelcik, No. 99-50316 (9th Cir.) (2000 WL 1141096) (August 11, 2000) (Per Curiam)

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

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

U.S. v. Pavelcik, No. 99-50316 (9th Cir.) (2000 WL 1141096) (August 11, 2000) (Per Curiam) by The defendant in this case pled guilty “to mail fraud through telemarketing” pursuant to 18 U.S.C. § 1341 - a statute that provides for a statutory maximum penalty of 30 years imprisonment. The brief …

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes)

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

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

U.S. v. Luna-Diaz, No. 99-2125 (1st Cir.) (222 F.3d 1) (July 27, 2000) (Judge Hugh H. Bownes) by Here, joining the 10th Circuit, the First Circuit held the Guidelines’ 16-level sentencing enhancement for aliens convicted of a previous felony applies even if the defendant’s previous felony conviction was vacated subsequent …

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Herring v. Keenan, No. 99-1263 (10th Cir.) (218 F.3d 1171) (July 10, 2000) (Judge Arthur L. Alarcon) by In this case the plaintiff probationer brought a Bivens action (Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)) against his Federal probation officer, Kathleen Keenan, claiming that she violated his …

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White)

Article • June 24, 2000

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

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White) by In this case the Court held that evidence of an alleged offense that the defendant had been acquitted of committing could nonetheless be admitted under Rule 404(b) in a subsequent …

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl)

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

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

U.S. v. Li, No. 97-2045 (1st Cir.) (206 F.3d 78) (February 29, 2000) (Judge Norman H. Stahl) by All of the appellants in this case argued that the district court erred in imposing a six-level increase to their offense levels because more than 100 aliens were involved in their crime. …

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore) by In this case, the district court judge asked the defendant and his attorney to describe the defendant's current physical limitations. The defendant complained of a skin condition, lack of energy, and confusion, …

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin)

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

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

U.S. v. Lawton, No. 98-30267 (9th Cir.) (193 F.3d 1087) (September 27, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit reaffirmed its view that a sentencing court may not use uncharged conduct as a basis for an upward departure since by accepting the plea agreement the …

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple)

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

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

U.S. v. Garrett, No. 97-2070 (7th Cir.) (189 F.3d 610) (September 1, 1999) (Judge Kenneth F. Ripple) by Although it is difficult at times to fathom the real message from this decision, it is a potentially significant decision because it may well reflect a growing judicial disenchantment with the routine …

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)

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

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

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael)

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

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

U.S. v. Carrington, No. CRIM. A. 98-0037-C (W.D.Va.) (57 F.Supp.2d 345) (July 8, 1999) (Judge James H. Jr. Michael) by The Court stated: "The court also takes into consideration the inherent contradiction in the government's argument that the preponderance of the evidence will support holding this defendant accountable at sentencing …

U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne)

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

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

U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne) by In its previous decision, reported at 129 F.3d 906, this case was remanded back to the district court for a determination whether the Government had proved the drug was crack for sentencing …

U.S. v. Palmer, No. 98-30181 (9th Cir.) (183 F.3d 1014) (July 6, 1999) (Judge Sidney R. Thomas)

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

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

U.S. v. Palmer, No. 98-30181 (9th Cir.) (183 F.3d 1014) (July 6, 1999) (Judge Sidney R. Thomas) by In this case the Ninth Circuit held that a sentence enhancement that complied literally with the plain language of U.S.S.G. § 2K2.1(a)(4)(A) and its commentary was nevertheless improper because the use of …