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U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni)

Article • May 9, 2016 • from P&J May, 2016

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

U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni) by The Defendant in this case, Joseph Buffis, served as the Chief of Police for the Town of Lee, MA. He was charged, in a 12 count Indictment, with various …

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (819 F.3d 566) (May 12, 2016) (Judge Bruce M. Selya)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Arrest Record

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (819 F.3d 566) (May 12, 2016) (Judge Bruce M. Selya) by [1]-In sentencing defendant, the district court did not plainly err by taking into account several dismissed or acquitted charges as it did not use that conduct to construct an offense-level enhancement but …

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (810 F.3d 62) (January 6, 2016) (Judge Bruce M. Selya)

Article • May 9, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Arrest Record

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (810 F.3d 62) (January 6, 2016) (Judge Bruce M. Selya) by Hector Cortes-Medina pled guilty to conspiracy to possess with intent to distribute a controlled substance within1,000 feet of a protected location, pursuant to a plea agreement in which the Government agreed to …

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam)

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

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

Jones v. U.S., No. 13-10026 (U.S. Supreme Court) (574 U.S. ___; 135 S.Ct. 8) (October 14, 2014) (Per Curiam) by Jones v. U.S., No. 13-10026 (U.S. Sup. Ct. Oct 14, 2014) (Per Curiam) U.S. v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (Judge William Kayatta) Both of these …

U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham)

Article • October 17, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Prior Arrests

U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham) by Here a divided panel held that a district court’s consideration at a sentencing hearing of the defendant’s five prior arrests violated due process since such arrests, standing alone, do not constitute reliable …

U.S. v. Resinos, No. 10-1607 (8th Cir.) (631 F.3d 886) (February 2, 2011) (Per Curiam)

Article • April 18, 2011 • from P&J April, 2011

Filed under: Punch And Jurists, Dismissed Counts

U.S. v. Resinos, No. 10-1607 (8th Cir.) (631 F.3d 886) (February 2, 2011) (Per Curiam) by In U.S. v. Jenkins, 537 F.3d 894, 897 (8th Cir. Aug. 8, 2008), the Eighth Circuit held that, in determining whether a mandatory minimum sentence applies to a drug distribution offense, the district court …

U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker)

Article • August 1, 2010

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

U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker) by Defendants' drug conspiracy convictions and sentences are affirmed where 1) the district court improperly relied on "acquitted conduct" to establish drug quantity at sentencing, but the error was harmless; and …

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam)

Article • May 1, 2009 • from P&J May, 2009

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

U.S. v. Robles, No. 07-1013-cr(L) (2nd Cir.) (562 F.3d 451) (April 9, 2009) (Per Curiam) by Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects …

U.S. v. White, No. 05-6596 (6th Cir.) (551 F.3d 381) (December 24, 2008) (Judge Deborah L. Cook)

Article • November 1, 2008 • from P&J November, 2008

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

U.S. v. White, No. 05-6596 (6th Cir.) (551 F.3d 381) (December 24, 2008) (Judge Deborah L. Cook) by In this sharply divided 9-6 decision, the Sixth Circuit declined to change the Circuit’s prevailing precedent that allows sentencing courts to use conduct underlying crimes for which the defendant has been acquitted …

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam)

Article • March 1, 2008 • from P&J March, 2008

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

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam) by In U.S. v. Ibanga, 454 F.Supp.2d 532 (E.D.Va. Oct. 5, 2006) (P&J, 09/04/06) (“Ibanga I”), Judge Walter Kelley thoughtfully explained why he felt that acquitted conduct should no longer be used at sentencing now …

U.S. v. Hurn, No. 06-3666 (7th Cir.) (496 F.3d 784) (August 3, 2007) (Judge Joel L. Flaum)

Article • July 1, 2007 • from P&J July, 2007

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

U.S. v. Hurn, No. 06-3666 (7th Cir.) (496 F.3d 784) (August 3, 2007) (Judge Joel L. Flaum) by Judge Hugh Bownes of the First Circuit once commented on the insidious effect of using acquitted conduct to increase a defendant’s sentence by stating: “[W]e believe that a defendant's Fifth and Sixth …

U.S. v. Brika, No. 05-4537 (6th Cir.) (487 F.3d 450) (May 23, 2007) (Judge Danny J. Boggs)

Article • April 1, 2007 • from P&J April, 2007

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

U.S. v. Brika, No. 05-4537 (6th Cir.) (487 F.3d 450) (May 23, 2007) (Judge Danny J. Boggs) by Here the Court rejected a number of constitutional and Booker challenges to a sentence significantly enhanced by the "the district court's consideration of conduct on which a jury could not agree." Among …

U.S. v. Mercado, No. 05-50624 (9th Cir.) (474 F.3d 654) (January 22, 2007) (Judge Ferdinand F. Fernandez)

Article • January 1, 2007 • from P&J January, 2007

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

U.S. v. Mercado, No. 05-50624 (9th Cir.) (474 F.3d 654) (January 22, 2007) (Judge Ferdinand F. Fernandez) by Robert Mercado and Daniel Bravo were each charged with RICO and drug conspiracies and a slew of other gun, murder and racketeering crimes in a case against alleged members of the Mexican …

U.S. v. Gobbi, No. 06-1643 (1st Cir.) (471 F.3d 302) (December 28, 2006) (Judge Bruce M. Selya)

Article • January 1, 2007 • from P&J January, 2007

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

U.S. v. Gobbi, No. 06-1643 (1st Cir.) (471 F.3d 302) (December 28, 2006) (Judge Bruce M. Selya) by Here, in affirming a sentence increase based on the district court's use of conduct underlying a count for which the defendant had been acquitted, the Court stated: "It is true that the …

U.S. v. Ibanga, No. 2:04cr227 (E.D.Va.) (454 F.Supp.2d 532) (October 5, 2006) (Judge Walter D. Jr. Kelley)

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

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

U.S. v. Ibanga, No. 2:04cr227 (E.D.Va.) (454 F.Supp.2d 532) (October 5, 2006) (Judge Walter D. Jr. Kelley) by One of the most significant debates generated by the Supreme Court’s ruling in U.S. v. Booker, 543 U.S. 220 (2005) is whether or not that decision mandates any changes in the Guidelines’ …

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam)

Article • January 1, 2006 • from P&J November, 2006

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

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam)

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

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

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple)

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

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

U.S. v. Price, No. 03-3780 (7th Cir.) (418 F.3d 771) (August 15, 2005) (Judge Kenneth F. Ripple) by In this case, the Court affirmed the continuing validity of using acquitted conduct to determine a defendant's sentence post-Booker, even though the use of such factors at sentencing led to an increase …

U.S. v. Baker, No. 00-13083 (11th Cir.) (432 F.3d 1189) (December 13, 2005) (Judge Rosemary Barkett)

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

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

U.S. v. Baker, No. 00-13083 (11th Cir.) (432 F.3d 1189) (December 13, 2005) (Judge Rosemary Barkett) by See also Footnote 68 where the Court explained why the Supreme Court's ruling in Crawford v. Washington is inapplicable at sentencing. In this 137-page decision, the 11th Circuit affirmed lengthy sentences for a …

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor)

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

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

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor) by Here the Second Circuit broadly held that "after Booker, a district court may sentence a defendant taking into account acquitted conduct". U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge …