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Decora, No. 98-3129 (8th Cir.) (177 F.3d 676) (May 20, 1999) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Heartland Departures

Decora, No. 98-3129 (8th Cir.) (177 F.3d 676) (May 20, 1999) (Judge Gerald W. Heaney) by This is one of those downward departure sentencing cases that proves it never hurts to ask for the moon - because on any given day some Court may agree. In this case, the defendant, …

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson)

Article • July 1, 1999 • from P&J September, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Working, No. 98-30121 (9th Cir.) (175 F.3d 1150) (May 6, 1999) (Judge Harry Pregerson) by The defendant in this case pled guilty to assault with intent to murder her estranged husband, in violation of 18 U.S.C. § 113(a)(1), and to use of a firearm in relation to a …

U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Bonnet-Grullon, No. 98 Crim. 0605 (LAK) (S.D.N.Y.) (53 F.Supp.2d 430) (May 25, 1999) (Judge Lewis A. Kaplan) by Here the Court held held that disparities in sentences imposed on immigration-crime defendants as a result of divergent plea-bargaining practices in different Federal district courts is not a proper grounds …

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by Here the Court firmly held that the Guidelines were not intended to eliminate all differences in the sentencing of accomplices so that two accomplices would receive the same sentence; the intent was …

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum)

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

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

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum) by The proverb that bad cases make bad law probably had a lot to do with the decision in this case. Here, the defendant pled guilty to bank fraud. The case does not …

U.S. v. Ekeland, No. 98-3588 (7th Cir.) (174 F.3d 902) (April 21, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Ekeland, No. 98-3588 (7th Cir.) (174 F.3d 902) (April 21, 1999) (Judge Michael S. Kanne) by The defendant in this case pled guilty to one count of mail fraud, arising out of his activities as a purchasing agent for a subsidiary of Kraft Foods through which he funneled …

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by This is an interesting and well-reasoned decision which addresses the power of the court to consider a downward sentencing departure at a resentencing in conjunction with a motion to reduce the defendant's sentence …

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Noriega, No. 88-79-CR (S.D.Fla.) (40 F.Supp.2d 1378) (March 5, 1999) (Judge William M. Hoeveler) by In this "old law" case, the Court granted the defendant a 10-year reduction in his sentence based in part on the isolated nature of his confinement and in part on the "considerable" disparity …

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)