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U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves) by The defendant in this case, Rikey Benns, was named in a one-count indictment charging him with making false statements relating to a credit application, in violation of 18 U.S.C. § 1014. …

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith) by A jury found that defendant violated 18 U.S.C. §§ 2, 924(c) and (j), 1951(a), and 1623 when he participated in a robbery that resulted in a death, and the U.S. District Court …

U.S. v. Whittington, No. 5:04 CR 00025 (W.D.Va.) (395 F.Supp.2d 392) (October 26, 2005) (Judge Glen Edward Conrad)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Whittington, No. 5:04 CR 00025 (W.D.Va.) (395 F.Supp.2d 392) (October 26, 2005) (Judge Glen Edward Conrad) by Defendant pled to an information which charged him with a conspiracy to distribute cocaine base from on or about September 12, 2003, through December 30, 2004. Defendant turned eighteen on September …

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner) by The defendant was convicted of transporting fraudulently obtained goods across state lines, in violation of 18 U.S.C. § 2314. At trial, the Government proved losses of $240,068, but at sentencing it argued …

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard) by Here the Courtvacated a two-level sentence reduction for acceptance of responsibility and a five-level downward departure for aberrant conduct granted to a defendant who went to trial for various tax crimes, but …

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell) by Here, notwithstanding the language contained in Application Note 1(a) of U.S.S.G. § 3E1.1 (which states that “a defendant who falsely denies, or frivolously contests, relevant conduct that the court determines to be …

U.S. v. Washington, No. 02-20972 (5th Cir.) (340 F.3d 222) (July 24, 2003) (Judge F. A. Jr. Little)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Washington, No. 02-20972 (5th Cir.) (340 F.3d 222) (July 24, 2003) (Judge F. A. Jr. Little) by The defendant in this case, Troy Washington, was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He moved to suppress the evidence …

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell) by Here the Court upheld a 23-level upward departure and resulting 30 year increase in the sentence of a defendant convicted of forgery and cashing a victim’s social security checks and which called …

U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen) by Defendant sought review of a decision of the United States District Court for the Northern District of Iowa, which denied defendant's motion for judgment of acquittal and convicted defendant, after a jury …

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti) by The "relevant conduct" provision of U.S.S.G. § 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for the crime …

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby) by This case is noted principally for its confirmation of the principle that restitution may be ordered for related conduct for which the defendant has not been convicted. The defendant in this case pled …

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy) by The district court did not err in counting a prior conviction for marijuana possession as relevant conduct rather than as a separate offense for criminal history purposes, as the prior was not …

U.S. v. Taylor, No. 00-2230 (7th Cir.) (272 F.3d 980) (December 3, 2001) (Judge Terrence T. Evans)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Taylor, No. 00-2230 (7th Cir.) (272 F.3d 980) (December 3, 2001) (Judge Terrence T. Evans) by

U.S. v. Hunerlach, No. 00-12340 (11th Cir.) (258 F.3d 1282) (July 27, 2001) (Judge Rosemary Barkett)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Hunerlach, No. 00-12340 (11th Cir.) (258 F.3d 1282) (July 27, 2001) (Judge Rosemary Barkett) by One of the questions raised on this appeal was whether a district court can depart upward from CHC I based on criminal conduct which also constitutes relevant conduct that the district court has …

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne) by In this case the Court explained that a finding that the defendant "was not completely hinest in his admissions is an appropriate independent justification for denying the reduction" for acceotance of responsibility. …

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Valdez, No. 99-3248 (10th Cir.) (225 F.3d 1137) (August 29, 2000) (Judge Robert H. Henry) by QUOTE OF THE WEEK - The Guidelines’ “extraordinary and totally unprecedented step” of punishing relevant conduct with the same severity as counts of conviction. "Endeavoring to strike a balance between punishing only …

U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Prince, No. 99-3081 (10th Cir.) (204 F.3d 1021) (February 18, 2000) (Judge Paul J. Jr. Kelly) by Here the Tenth Circuit joined the vast majority of Circuits in holding that a district court may consider conduct unrelated to the offense of conviction in determining whether a defendant is …

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Galbraith, No. 99-1676 (7th Cir.) (200 F.3d 1006) (January 11, 2000) (Judge Richard D. Cudahy) by QUOTE OF THE WEEK - One of the most graphic descriptions of the effects of "relevant conduct" on the sentencing process was made by Chief Judge Merritt of the Sixth Circuit, who …

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel) by Here, joining the Third, Sixth, Ninth and Eleventh Circuits, the Tenth Circuit held that the assertion of an entrapment defense does not preclude a downward departure for acceptance of responsibility under USSG …

U.S. v. Davidson, No. 98-1711 (8th Cir.) (195 F.3d 402) (October 20, 1999) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Davidson, No. 98-1711 (8th Cir.) (195 F.3d 402) (October 20, 1999) (Judge Diana E. Murphy) by Here the Court held that the district court did not err in considering prior crimes when computing the defendant's criminal history category because those crimes were not "relevant conduct" since they were …