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Article • October 1, 1998 • from P&J October, 1998
U.S. v. Green, No. 97-50594 (9th Cir.) (152 F.3d 1202) (August 27, 1998) (Per Curiam) by Here the Court affirmed a sentence of 30 days imprisonment and 1500 hours of community service for a defendant in a marijuana case, largely on the grounds that post-sentencing rehabilitation efforts are a proper …
Article • September 1, 1998 • from P&J September, 1998
Parsons v. Pitzer, No. 97-1945 (7th Cir.) (149 F.3d 734) (July 24, 1998) (Judge William J. Bauer) by The Court found it reasonable for the BOP to classify a conviction for possession of a firearm by a felon as a crime of violence in all cases for the purpose of …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Schulte, No. 97-4008 (7th Cir.) (144 F.3d 1107) (May 28, 1998) (Judge Joel L. Flaum) by The issue presented in this case was whether a district court may depart from the punishment prescribed by the Guidelines based upon a disparity between the punishment and the sanction imposed for …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by Case approved an upward departure based in part on endangering the public welfare under USSG § 5K2.14; and listed (on page 979) a number of cases where that enhancement had been approved. …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel) by In this case the D.C. Circuit joined the Second Circuit (U.S. v. Core, 125 F.3d 74 (2nd Cir. 1997) and the Third Circuit (U.S. v. Sally, 116 F.3d 76 (3rd Cir. 1997) …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Grewal, No. 96-751 (D.N.J.) (2 F.Supp.2d 612) (April 14, 1998) (Judge Stephen M. Orlofsky) by Court held that a departure under § 5K2.11 is typically inappropriate where the defendant could have pursued other means of avoiding the greater harm rather than committing a crime. Court denied a sentence …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by Here the Court vacated an upward departure based on USSG § 5K2.14 (endangering the public welfare) based on the district court's analysis that the reckless driving endangered every driver in a eight …
Article • July 1, 1998 • from P&J July, 1998
Byrd v. Hasty, No. 97-2129 (11th Cir.) (142 F.3d 1395) (June 11, 1998) (Judge Richard Mills) by This case contains a good review of the holdings of the various Circuits on the validity of Bureau of Prison's (BOP) controversial policies regarding prisoners' eligibility for sentence reductions following completion of the …
Article • July 1, 1998 • from P&J July, 1998
Gatto v. U.S., No. Crim. No. 92-233-2 (E.D.Pa.) (997 F.Supp. 620) (August 11, 1997) (Judge Jay C. Waldman) by Case firmly held that post-sentence rehabilitative efforts "clearly" do not provide a legal basis for a sentencing departure.
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by One of the issues addressed in this case was whether the enhancements permitted under U.S.S.G. § 5K2.3 (Extreme Psychological Injury) could be applied to take into account the psychological impact on the …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Whitecotton, No. 97-30108 (9th Cir.) (142 F.3d 1194) (April 29, 1998) (Judge Robert Boochever) by Here the Court rejected a defendant's claim that it was "manifestly unfair" that he received a ten-year sentence, while a co-defendant, who pled guilty and cooperated, was sentenced to 37-months. The Court simply …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Young, No. 97-1455 (2nd Cir.) (143 F.3d 740) (May 12, 1998) (Judge John F. Keenan) by Here the Second Circuit reversed the grant of a one-level downward departure granted to a defendant who was a naturalized citizen, where the district court gad reasoned that the case was atypical …
Article • July 1, 1998 • from P&J July, 1998
Fristoe v. Thompson, No. 97-6246 (10th Cir.) (144 F.3d 627) (April 28, 1998) (Judge Monroe G. McKay) by Case is noted for its holding that the BOP's reliance on sentencing enhancements conflicts with the plain language of the statute - which "does not permit resport to sentencing factors or sentencing …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by Court granted a downward departure based on aberrant conduct after looking at a "convergance of factors" including the lack of any prior criminal history, the single criminal act and the pressure …
Article • June 1, 1998 • from P&J June, 1998
Royal v. Tombone, No. 97-10941 (5th Cir.) (141 F.3d 596) (June 23, 1998) (Per Curiam) by Case held that BOP's revised regulations defining crimes of violence constituted a permissible interpretation of the statute and did not violate the Ex Post Facto Clause.
U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …
Article • June 1, 1998 • from P&J June, 1998
Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty) by Case held that, for purposes of eligibility in a drug treatment program under 18 § 3621(e)(2)(B), the offense of possession of stolen explosives is a non-violent offense.
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Martinez-Villegas, No. CR 96-1123 DWW (C.D.Cal.) (993 F.Supp. 766) (February 2, 1998) (Judge David W. Williams) by After one defendant pled guilty and received a 36 month sentence, the court granted a significant downward departure on numerous grounds when the government sought sentences of 188 to 235 months …
Article • June 1, 1998 • from P&J June, 1998
Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty) by Case held that a prisoner may seek judicial review of a BOP prospective eligibility determination once the BOP renders its decision; it is then "ripe for consideration".
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