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Almendarez-Torres v. U.S., No. 96-6839 (U.S. Supreme Court) (523 U.S. 224; 118 S.Ct. 1219) (March 24, 1998) (Justice Breyer)
Article • February 14, 2008
Filed under: Punch And Jurists, Prior Conviction Exception
Almendarez-Torres v. U.S., No. 96-6839 (U.S. Supreme Court) (523 U.S. 224; 118 S.Ct. 1219) (March 24, 1998) (Justice Breyer) by In a decision that the Court has subsequently described as "at best an exceptional departure from [our] historic practice," (see Jones v. U.S., 526 U.S. 227 (1999)), the Court confronted …
U.S. v. Estrada, No. 02-1544-cr (L) (2nd Cir.) (428 F.3d 387) (November 2, 2005) (Judge Sonia Sotomayor)
Article • October 1, 2005 • from P&J October, 2005
Filed under: Punch And Jurists, Prior Conviction Exception
U.S. v. Estrada, No. 02-1544-cr (L) (2nd Cir.) (428 F.3d 387) (November 2, 2005) (Judge Sonia Sotomayor) by Setting the stage for a battle before the Supreme Court that is almost certain to happen, the Second Circuit held that prior felony drug convictions, which trigger a mandatory minimum sentence of …
U.S. v. Kortgaard, No. 03-10421 (9th Cir.) (425 F.3d 602) (September 21, 2005) (Judge Melvin Brunetti)
Article • August 1, 2005 • from P&J August, 2005
Filed under: Punch And Jurists, Prior Conviction Exception
U.S. v. Kortgaard, No. 03-10421 (9th Cir.) (425 F.3d 602) (September 21, 2005) (Judge Melvin Brunetti) by Laron Kortgaard was convicted of manufacturing 50 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Based on his criminal history, Kortgaard’s Guideline sentencing range was 21 to 27 …
U.S. v. Lawrence, No. 02-4886 (4th Cir.) (349 F.3d 724) (November 13, 2003) (Judge J. Harvie III Wilkinson)
Article • December 1, 2003 • from P&J December, 2003
Filed under: Punch And Jurists, De Facto Career Offender
U.S. v. Lawrence, No. 02-4886 (4th Cir.) (349 F.3d 724) (November 13, 2003) (Judge J. Harvie III Wilkinson) by As if the Guideline provisions dealing with “career offenders” were not already tough enough, we now have to deal with upward departures based on a sentencing court’s judgment that a defendant …
U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner) by The defendant in this case pled guilty to unlawful re-entry of a deported alien, in violation of 8 U.S.C. § 1326 and urged a sentence at the low end of the applicable …
U.S. v. Greger, No. 02-3739 (8th Cir.) (339 F.3d 666) (August 6, 2003) (Judge Laurie Smith Camp)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Greger, No. 02-3739 (8th Cir.) (339 F.3d 666) (August 6, 2003) (Judge Laurie Smith Camp) by A district court has the authority to depart downward both horizontally in a defendant's criminal history category and vertically in his offense level to account for overrepresentation of his crimnal history based …
U.S. v. Joaquin, No. 01-3134 (D.C. Cir.) (326 F.3d 1287) (May 2, 2003) (Judge David S. Tatel)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Joaquin, No. 01-3134 (D.C. Cir.) (326 F.3d 1287) (May 2, 2003) (Judge David S. Tatel) by In this case, when imposing its sentence of the defendant for illegal possession and distribution of crack cocaine, the district court denied defendant's motion for a downward departure under U.S.S.G. § 4A1.3, …
U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman)
Article • March 1, 2003 • from P&J March, 2003
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman) by Here the Court reduced the defendant's criminal history category by one level after finding that his past convictions (two of which were more than 20 years old and were for relatively minor crimes) …
U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith) by In a conviction for illegal presence in the U.S., an upward sentence departure under U.S.S.G. § 4A1.3 was proper, based on past "lenient" treatment of defendant's criminal conduct including three DWI convictions …
U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan) by The defendant in this case, Ronald Moore, sold small quantities of crack cocaine to an undercover police officer on eight separate occasions before he was arrested. Moore pled guilty; and, based on …
U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans) by Here the Court held that, on some issues, the Guidelines replace a sentencing judge's reasoning about a defendant's past conduct and his future likelihood of recidivism; and here the court crossed that …
U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull) by District court erroneously departed downward in sentencing defendant after a drug conspiracy conviction, where departures for factual circumstances (defendant's criminal history, diminished capacity, and disparity of other suspects' sentences) were inappropriate as …
U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore) by Here the Court held that no reduction in a defendant's criminal history points is permitted under USSG § 4A1.3 - thus precluding any “safety-valve” sentence reduction for any defendants who have more …
U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley) by United States v. Smith, 278 F.3d 605 (6th Cir. 2002) (Judge Marbley) United States v. Penn, No. 00-6314 (6th Cir. 3/13/2002) (Judge Moore) Both of these cases deal with the application of …
U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner) by Once again Judge Gertner has presented a noteworthy analysis of an important sentencing issue. In this Sentencing Memorandum she gave a detailed explanation of some of the principles and parameters behind sentencing …
U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin) by Recently we have seen a number of cases that have emphasized a distinction between “horizontal” and “vertical” departures under the Guidelines. Most of those cases have raised the issue in the context …
U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman)
Article • February 1, 2001 • from P&J February, 2001
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman) by Although this case also dealt with “horizontal departures,” more than anything else, it represents a disquieting example of the power struggle between the Justice Department and the judiciary over who has the …
U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. DeJesus, No. S1 98 CR 396 SAS (S.D.N.Y.) (75 F.Supp.2d 141) (July 26, 1999) (Judge Shira A. Scheindlin) by This case is a study of life in the Bronx and it is noted for its discussion of two separate downward departure sentencing issues. Judge Scheindlin granted downward departures …
U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote)
Article • December 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …
U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)
Article • December 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Adequacy of Criminal History Category
U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by Here, in commenting on her power to determine whether a defendant's past criminal history adequately reflects the seriousness of the crimes, Judge Gertner commented: "[J]ust because the Guidelines seem to give a judge …
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