Search | Punch and Jurists

U.S. v. Banks, No. 96-4822 (4th Cir.) (130 F.3d 621) (December 2, 1997) (Judge Frank J. Magill)

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

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

U.S. v. Banks, No. 96-4822 (4th Cir.) (130 F.3d 621) (December 2, 1997) (Judge Frank J. Magill) by

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich) by Case is cited for strong dissent by Judge Jones calling for re-analysis of unfair and racially discriminatory crack/cocaine sentencing scheme.

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich) by Court rejected the use of any downward departure base on the crack-cocaine sentencing disparity.

U.S. v. Dawn, No. 96-3585 (7th Cir.) (129 F.3d 878) (November 4, 1997) (Judge Ilana Diamond Rovner)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Dawn, No. 96-3585 (7th Cir.) (129 F.3d 878) (November 4, 1997) (Judge Ilana Diamond Rovner) by Court held that a sentencing court may properly look to uncharged crimes in fixing the appropriate sentence for a criminal defendant, regardless of whether the defendant was ever charged with or convicted …

U.S. v. Earnest, No. 97-1222 (7th Cir.) (129 F.3d 906) (November 14, 1997) (Judge Walter J. Cummings)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Earnest, No. 97-1222 (7th Cir.) (129 F.3d 906) (November 14, 1997) (Judge Walter J. Cummings) by Even though defendant earlier admitted that the drug for which he was convicted was crack, because he was denied an evidentiary hearing to determine whether it was crack for sentencing purposes, the …

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Washington, No. 96-5196 (6th Cir.) (127 F.3d 510) (October 8, 1997) (Judge Richard F. Suhrheinrich) by QUOTE OF THE WEEK - Blind eyes and deaf ears: the crack/cocaine controversy "I recognize that this court has rejected a variety of constitutional challenges to the 100:1 [crack/cocaine] ratio, but I …

U.S. v. Webster, No. 97-1189 (7th Cir.) (125 F.3d 1024) (September 12, 1997) (Judge Kenneth F. Ripple)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Webster, No. 97-1189 (7th Cir.) (125 F.3d 1024) (September 12, 1997) (Judge Kenneth F. Ripple) by Case reversed enhancement for obstruction of justice because district court had failed to articulate with adequate clarity its basis for imposing the enhancement. United States v. Barnes, 125 F.3d 1287 (9th Cir. …

U.S. v. Weaver, No. 96-5849 (6th Cir.) (126 F.3d 789) (September 22, 1997) (Judge Karen Nelson Moore)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Weaver, No. 96-5849 (6th Cir.) (126 F.3d 789) (September 22, 1997) (Judge Karen Nelson Moore) by Case held that a district court cannot rest a departure solely upon a disparity deliberately created by the Sentencing Commission that is not a result of atypical circumstances.

U.S. v. Johnson, No. Crim. 96-45 MMS (D.Del.) (976 F.Supp. 284) (August 13, 1997) (Judge Murray M. Schwartz)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Johnson, No. Crim. 96-45 MMS (D.Del.) (976 F.Supp. 284) (August 13, 1997) (Judge Murray M. Schwartz) by United States v. Bowen, 127 F.3d 9 (1st Cir. 1997) (Judge Torruella) United States v. Johnson, 976 F.Supp. 284 (D.Del. 1997) (Judge Schwartz) Due to the advent of the Guidelines' Drug …

Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, AIDs/HIV Issues

Onishea v. Hopper, No. 96-6213 (11th Cir.) (126 F.3d 1323) (November 4, 1997) (Judge Phyllis A. Kravitch) by Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams) Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch) Both of these …

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy) by Before November 1, 1993, the Sentencing Guidelines did not define the term "cocaine base." However, sec. 2D1.1 then was amended to provide: "Cocaine base," for the purposes of this guideline, means "crack." …

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy) by Case examined 1993 amendment to Guidelines which provided a new definition of "cocaine base"; and held that only the form of cocaine base which is "crack" is eligible for the enhanced sentence. …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

Article • October 1, 1997 • from P&J October, 1997

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

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by This week, our Hard-Nosed Judge of the Week Award goes to Judge George W. Lindberg of the Northern District of Illinois. In sentencing the two defendants in this case for conspiring to …

U.S. v. Gaines, No. 95-2374 (6th Cir.) (122 F.3d 324) (August 8, 1997) (Judge Richard F. Suhrheinrich)

Article • October 1, 1997 • from P&J October, 1997

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

U.S. v. Gaines, No. 95-2374 (6th Cir.) (122 F.3d 324) (August 8, 1997) (Judge Richard F. Suhrheinrich) by This is one of the more interesting of the many recent cases that have ruled on the controversial question of whether a district court has the authority to grant a downward departure …

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)

Article • October 1, 1997 • from P&J October, 1997

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

U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by Case held that use of relevant conduct for uncharged crimes is not permitted unless they are similar in nature and temporally proximate.

U.S. v. Cross, No. 96-5218 (6th Cir.) (121 F.3d 234) (July 29, 1997) (Judge Karen Nelson Moore)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Cross, No. 96-5218 (6th Cir.) (121 F.3d 234) (July 29, 1997) (Judge Karen Nelson Moore) by This decision brings into focus some interesting questions regarding whether a sentencing court may impose an upward departure at sentencing based on conduct that was part of a count dismissed pursuant to …

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Khawaja, No. 93-3216 (11th Cir.) (118 F.3d 1454) (August 7, 1997) (Judge Susan H. Black) by This is a rare case in which the Court reversed and vacated a sentence due to the failure of the district court to apply U.S.S.G. § 2X1.1 in a money laundering case …

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Tirrell, No. 96-2752 (7th Cir.) (120 F.3d 670) (July 15, 1997) (Judge Kenneth F. Ripple) by Case held that a jury is not required to be told that the defendant has been acquitted of prior criminal acts where evidence of such prior charges has been introduced to the …

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins) by Here the Court rejected the defendant's claim that consideration of conduct from dismissed counts would seriously undermine the plea bargaining process and threaten the proportionality in sentencing that the Guidelines seek …

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Dickerson, No. 96-4633 (4th Cir.) (114 F.3d 464) (May 28, 1997) (Judge Diana Gribbon Motz) by This case represents an important reminder of how the Government seeks to use the crimes it charges as the basis for sentencing. The defendant, a prisoner at the Lorton Reformatory in Virginia, …