Punch and Jurists

U.S. v. Allman, No. 04-5313 (6th Cir.) (119 Fed.Appx. 751) (January 6, 2005) (Judge Deborah L. Cook) by The United States District Court for the Eastern District of Tennessee convicted defendant of two firearms offenses. The district court sentenced defendant to five years probation, including six months of home detention, …

U.S. v. Brooke, No. 01-3020 (D.C. Cir.) (308 F.3d 17) (October 25, 2002) (Judge Merrick B. Garland) by The principal message from this case is that the Guidelines “do not permit a downward departure for elderly defendants who are in good health.” (Id., at 22, n. 5.). Based principally on …

U.S. v. Hildebrand, No. 97-3021 (8th Cir.) (152 F.3d 756) (July 28, 1998) (Judge James B. Loken) by Case is noted for the Government's opposition to a term of probation, despite the district court's finding that the 70-year old defendant suffered from life threatening health conditions, arguing that such conditions …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by Here Judge Weinstein granted a granted a downward departure based on the defendant's age and infirm physical condition. This well publicized case shows another aspect of unpublished decisions. The case involved …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by Court discussed, at note 6, availability of departure based on defendant's age. This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under …

U.S. v. Daniels, No. 92-2006 (1st Cir.) (3 F.3d 25) (August 30, 1993) (Judge Norman H. Stahl) by Here the Court rejected the defendant's contention that his prior convictions that occurred in 1965, 1970 and 1973 were too old to justify a sentence enhancement as an Armed Career Criminal under …