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U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock)
Article • March 1, 1999 • from P&J March, 1999
Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances
U.S. v. Dominguez-Carmona, No. 97-2197 (10th Cir.) (166 F.3d 1052) (January 4, 1999) (Judge Bobby R. Baldock) by This case involves an appeal by the Government from the sentences imposed on ten Mexican defendants after they were convicted of carrying backpacks of marijuana into the United States. The district court …
U.S. v. Bryson, No. 98-1195 (2nd Cir.) (163 F.3d 742) (December 31, 1998) (Judge Nicholas Tsoucalas)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Bryson, No. 98-1195 (2nd Cir.) (163 F.3d 742) (December 31, 1998) (Judge Nicholas Tsoucalas) by In theory, this case deals with the circumstances under which a district court may grant a downward departure under the Guidelines based on a defendant's "extraordinary rehabilitation." In practice, though, the decision seems …
Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of conviction …
Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of …
U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts
U.S. v. Roberts, No. 98 CR 459 (ILG) (E.D.N.Y.) (28 F.Supp.2d 741) (November 4, 1998) (Judge I. Leo Glasser) by Quotes from the ABA Task Force on "The Federalization of Criminal Laws" which concluded that the recent trend to make a Federal crime out of crimes normally reserved to the …
U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Remorse
U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy) by In this case the Tenth Circuit held that a district court may grant a downward departure from the Sentencing Guidelines if it finds that the defendant shows remorse to an exceptional degree. …
U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Remorse
U.S. v. Fagan, No. 97-3306 (10th Cir.) (162 F.3d 1280) (December 29, 1998) (Judge Michael R. Murphy) by In this case the Tenth Circuit held that a district court may grant a downward departure from the Sentencing Guidelines if it finds that the defendant shows remorse to an exceptional degree. …
Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Sentencing Disparity
Tulali v. U.S., No. Civ. No. 98-00764 DAE (D.Hawai'I) (29 F.Supp.2d 1177) (December 16, 1998) (Judge David Alan Ezra) by Here the Court held that a disparity of 262 months between the sentence imposed on the defendant (who went to trial for drug trafficking) and that imposed on his female …
Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Aberrant Behavior
Zecevic v. U.S. Parole Commission, No. 98-4061 (2nd Cir.) (163 F.3d 731) (December 24, 1998) (Judge Rosemary S. Pooler) by Like politics, the law sometimes makes strange bedfellows. In this case the Second Circuit joined the distinct minority of the First, Ninth and Tenth Circuits in holding that the Guidelines' …
U.S. v. Somerstein, No. CR 96-657(ADS) (E.D.N.Y.) (20 F.Supp.2d 454) (August 20, 1998) (Judge Arthur D. Spatt)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Hardship - Extraordinary
U.S. v. Somerstein, No. CR 96-657(ADS) (E.D.N.Y.) (20 F.Supp.2d 454) (August 20, 1998) (Judge Arthur D. Spatt) by One of the defendants in this case, Marianna Somerstein, was convicted of a number of mail fraud and false statement crimes and her Guideline sentencing range called for 12 to 18 months …
U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman) by Here the 8th Circuit endorsed the broad use of downward departures almost as a type of prophylatic remedy to deal with prosecutorial misconduct that was not serious enough to justify reversal of …
U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Sentencing Disparity
U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella) by Here the Court rejected a constitutional challenge that the enormous disparity between sentences given to those who plead guilty versus those who go to trial constituted an impermissible "chilling" of the defendant's …
Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler) by The Court reasoned that even though the BOP has eliminated the regulation's reliance on the meaning of "crime of violence" in Section 924(c), the BOP "has no choice but to define …
U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Aberrant Behavior
U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby) by Here the Court affirmed its prior rulings that a departure analysis based on aberrant conduct focuses "not on the number of discrete acts undertaken by the defendant, but on 'the aberational character of …
U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Deterrence/Recidivism
U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed) by Judge Reinhardt argued that the defendant's three uncounted prior frauds (involving between $2000 and $28,000) were not "serious enough" to warrant the departure granted - and he objected to the majority's …
U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances
U.S. v. Jones, No. 97-2341 (10th Cir.) (158 F.3d 492) (September 8, 1998) (Judge Wade Brorby) by Here the Court affirmed a three level downward departure that was granted on the basis of a combination of nine of the eleven different factors cited by the district court. The defendant in …
U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam)
Article • November 1, 1998 • from P&J November, 1998
Filed under: Punch And Jurists, Atypical conduct
U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam) by The defendant in this case was charged with bank theft, counterfeiting and access device fraud. He ultimately pled guilty, although there was no written plea agreement. He was sentenced under the Guideline …
Pelissero v. Thompson, No. 97-6156 (4th Cir.) (155 F.3d 470) (September 3, 1998) (Judge Paul V. Niemeyer)
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists, Drug Testing/Treatment Programs
Pelissero v. Thompson, No. 97-6156 (4th Cir.) (155 F.3d 470) (September 3, 1998) (Judge Paul V. Niemeyer) by Disagreeing with several other Circuits, a divided 4th Circuit held that held that the BOP's revised regulations relating to drug treatment programs (28 CFR § 550.58) are a rational interpretation of 18 …
U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay)
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Whitaker, No. 97-5203 (10th Cir.) (152 F.3d 1238) (August 17, 1998) (Judge Monroe G. McKay) by Reversing its prior precedent following the Supreme Court's decision in Koon v. U.S., 518 U.S. 81, the Tenth Circuit joined a number of other Circuits in holding that post-sentencing rehabilitative efforts are …
U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes)
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists, Extreme Conduct or Injury
U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes) by In this case, the Court held that a district court "was not required to grant the defendant's request for a hearing at which to cross-examine his victims in order to show that …
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