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Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

Onishea v. Hopper, No. 96-6213 (11th Cir.) (171 F.3d 1289) (April 7, 1999) (Judge Emmett Ripley Cox) by This case marks formal judicial approval of The Return of the Leper Colonies to America. In Alabama, any inmate who tests positive for HIV is automatically placed in segregation, where they are …

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, AIDs/HIV Issues

U.S. v. Hammond, No. CR98-51 (JBW) (E.D.N.Y.) (37 F.Supp.2d 204) (February 18, 1999) (Judge Jack B. Weinstein) by In this case, Judge Weinstein explained why he gave a substantial sentencing departure to a defendant who was suffering from an advanced and accute stage of HIV symptoms. It is no wonder …

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener)

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

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

U.S. v. Mitchell, No. 97-31252 (5th Cir.) (166 F.3d 748) (January 29, 1999) (Judge Jacques L. Jr. Wiener) by This case helps to put in perspective the impact of one commonly used sentencing enhancement. The case deals with a provision of the Guidelines (U.S.S.G. § 2K2.1(c)(1)(A)), which permits a sentencing …

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman)

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

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

U.S. v. McDonald, No. 97-5474 (6th Cir.) (165 F.3d 1032) (January 21, 1999) (Judge Ronald Lee Gilman) by The Court held: "We find that Sanders [U.S. v. Sanders, 162 F.3d 396] is controlling in the present case. Like Sanders, McDonald entered a pawn shop unarmed, stole firearms along with other …

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter)

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

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

U.S. v. Lorge, No. 98-1138 (2nd Cir.) (166 F.3d 516) (February 2, 1999) (Judge Ralph K. Jr. Winter) by The defendant pled guilty to transmitting child pornography by a computer in violation of 18 U.S.C. § 2252(a). He appealed his sentence contending that the district court should not have enhanced …

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman)

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

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

U.S. v. Sanders, No. 97-6095 (6th Cir.) (162 F.3d 396) (December 7, 1998) (Judge Paul D. Borman) by In this case the defendant burglarized a pawn shop during which he seized some firearms. There was no allegation that he possessed any firearms when he entered the pawnshop; but his theft …

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green)

Article • December 1, 1998 • from P&J December, 1998

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

U.S. v. Drew, No. CRIM.A. 97-471 (JHG) (D.D.C.) (23 F.Supp.2d 39) (September 28, 1998) (Judge Joyce Hens Green) by Case is noted for Judge Green's strong condemnation of the Guideline's "bait and switch" approach to sentencing and its "mandatory" use of aquitted conduct in calculating the proper sentence range. In …

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner)

Article • December 1, 1998 • from P&J December, 1998

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

U.S. v. Spencer, No. 98-2063 (7th Cir.) (160 F.3d 413) (November 13, 1998) (Judge Richard A. Posner) by "It has been argued that the Ninth Amendment authorizes federal courts to recognize, as federal constitutional rights, rights not enumerated in the Bill of Rights or elsewhere in the constitutional text. . …

U.S. v. Cespedes, No. 95-9261 (11th Cir.) (151 F.3d 1329) (September 25, 1998) (Judge Stanley Marcus)

Article • September 1, 1998 • from P&J September, 1998

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

U.S. v. Cespedes, No. 95-9261 (11th Cir.) (151 F.3d 1329) (September 25, 1998) (Judge Stanley Marcus) by In a case of first impression the Court held that the sentence enhancement provisions of 21 USC § 851, which authorize the prosecutor to file notice of intent to increase sentences based on …

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus)

Article • September 1, 1998 • from P&J September, 1998

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

Harris v. U.S., No. 97-6788 (11th Cir.) (149 F.3d 1304) (August 13, 1998) (Judge Stanley Marcus) by Case held that even if a defendant is aware the Governnment intends to seek a sentence enhancement under 21 USC § 851, the court is without jurisdiction to impose that enhancement unless the …

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Smith, No. 97-1927 (1st Cir.) (145 F.3d 458) (June 10, 1998) (Judge Frank M. Coffin) by After the defendant was acquitted of drug conspiracy, he was charged with tax fraud and court held that it was not error to refuse to advise jury that he had been acquitted …

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Cruz-Mendoza, No. 97-15918 (9th Cir.) (147 F.3d 1069) (June 23, 1998) (Judge A. Wallace Tashima) by The decision in this case was at odds with an earlier panel's decision in U.S. v. Rios-Favela, 118 F.3d 653 (9th Cir. 1997). In that case, the panel had ruled that "the …

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Fenner, No. 96-4488 (4th Cir.) (147 F.3d 360) (July 21, 1998) (Judge William W. Jr. Wilkins) by The defendants in this case were tried and acquited in a state court on a murder charge. Thereafter they were prosecuted on various Federal drug and firearms charges. They were convicted …

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. Robinson, No. 97-2185 (1st Cir.) (144 F.3d 104) (May 8, 1998) (Judge Bruce M. Selya) by Here the Court held that because crack cocaine is chemically indistinguishable from other forms of cocaine base, lay testimony could be used for sentencing purposes to establish the nature of the substance. …

U.S. v. Martinez, No. 97-2350 (1st Cir.) (144 F.3d 189) (June 2, 1998) (Judge Bruce M. Selya)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. Martinez, No. 97-2350 (1st Cir.) (144 F.3d 189) (June 2, 1998) (Judge Bruce M. Selya) by Case held that the Government had adduced sufficient competent evidence through testimony of chemist that substance was crack cocaine, and not another form of cocaine base, even though they are chemically indistinguishable.

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. Kang, No. 97-3423 (8th Cir.) (143 F.3d 379) (April 23, 1998) (Judge Richard S. Arnold) by Case held that under the Guidelines "cocaine base" and "crack" are synonymous and thus the defendant's argument that the rule of lenity warranted a lower sentence was unavailing.

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. McCord, Inc., No. 97-3192 (8th Cir.) (143 F.3d 1095) (May 7, 1998) (Judge James B. Loken) by Case held that the enhancements permitted by § 2F1.1(b)(4)(A) are not limited to crimes under the Major Frauds Act, even though that section was adopted in response to a Congressional directive …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones)

Article • May 1, 1998 • from P&J August, 1999

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

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones) by This decision is one more indication of the racial overtones behind much of the crack-cocaine prosecution policies of the Government. ATF Special Agent Joseph Secrete decided that the best way to pad …

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)

Article • February 1, 1998 • from P&J February, 1998

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

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel)

Article • January 1, 1998 • from P&J January, 1998

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

U.S. v. Moore, No. 96-3307 (10th Cir.) (130 F.3d 1414) (December 16, 1997) (Judge David M. Ebel) by Case held that uncharged amounts of drugs in a drug conspiracy mat be attributed to a defendant as relevant conduct even if he never actually possessed or distributed the drugs.