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U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs) by Here the Court reversed a three-level enhancement of the defendant’s sentence pursuant to U.S.S.G. § 3B1.3(b) on the grounds that the district court’s finding that the defendant had acted as “more than …

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz) by The two defendants in this case were convicted at trial of various drug offenses. At sentencing, the district court applied a four-level enhancement to defendant one, as an organizer or leader pursuant …

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam) by Here, in a case of first impression for the Second Circuit, the Court addressed the question whether a defendant himself may be included among the "five or more participants" in a criminal activity for …

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Harness, No. 98-6157 (11th Cir.) (180 F.3d 1232) (July 12, 1999) (Judge Frank J. Magill) by Here, in reversing an aggravating role enhancement under USSG § 3B1.1(c), the Court held that, despite a statement in the presentence report that the defendant was an organizer of at least 3 …

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Glover, No. 95-2585 (11th Cir.) (179 F.3d 1300) (June 30, 1999) (Judge James Larry Edmondson) by Citing the language of Application Note 2, the Court stated: "The note makes clear that a two-level increase in a defendant's base offense level under section 3B1.1(c) is proper only if a …

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy) by Here the Seventh Circuit rejected the defendant's claim that an enhancement for a leadership role under U.S.S.G. § 3B1.1 requires proof that he knew of or exercised control over all the participants. …

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by In this case the defendant claimed that the district court erred by failing to apply the 1993 amendment to U.S.S.G. § 3B1.1 - Amendment 500 - to determine whether his sentence …

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Aggravating Role

Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole) by In this case the Sixth Circuit also rejected the district court's supposition that even if Amendment 500 applied retroactively, the leadership enhancement applied to Jones because he had managerial control over …

U.S. v. Valdez-Arieta, No. 97-8014 (10th Cir.) (127 F.3d 1267) (October 29, 1997) (Judge David M. Ebel)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Valdez-Arieta, No. 97-8014 (10th Cir.) (127 F.3d 1267) (October 29, 1997) (Judge David M. Ebel) by Case held that role as "organizer" does not require proof that defendant exercised control over subordinates. The principal issue raised on this appeal was whether the district court had erred by imposing …

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Spencer, No. 96-1460, No. 1031 (2nd Cir.) (129 F.3d 246) (October 30, 1997) (Judge John M. Jr. Walker) by Here the Court upheld an enhancement upheld for being an organizer or leader of a criminal activity that was "otherwise extensive" even though Government did not argue that five …

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Wisniewski, No. 96-1348, No. 1051 (2nd Cir.) (121 F.3d 54) (July 30, 1997) (Per Curiam) by Court reversed district court finding that a person was not a leader because a co-defendant played a larger role in the conspiracy.

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gort-DiNonato, No. 96-1601 (6th Cir.) (109 F.3d 318) (March 27, 1997) (Judge Cornelia G. Kennedy) by This decision contains a detailed discussion of Guideline Amendment No. 500, and particularly Application Note 2 to the Commentary to § 3B1.1, which "was added to clarify confusion amongst the circuit courts …

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Carrozzella, No. 96-1215 (2nd Cir.) (105 F.3d 796) (January 15, 1997) (Judge Ralph K. Jr. Winter) by This decision contains a detailed analysis of the meaning of "violation of any judicial process" as used in § 2F1.1(b)(4)(B) - formerlly codified at § 2F1.1(b)(3)(B) - of the Guidelines. Here, …

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey) by This case deals with the sentence enhancement provided for in U.S.S.G. § 3B1.1(a) which directs the sentencing court to increase a defendant's sentence by four levels "if the defendant was an organizer …

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeGovanni, No. 96-1333 (3rd Cir.) (104 F.3d 43) (January 2, 1997) (Judge Leonard I. Garth) by Here the Court reversed an enhancement under § 3B1.1(c) emphasizing that the defendant's status as a police sergeant was not alone sufficient to warrant that enhancement; the key is the defendant's role …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Among the many issues raised in this credit card fraud case (which involved the de rigueur charges of wire fraud, money laundering, conspiracy and related offenses), was a Guidelines issue about …

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Kraig, No. 95-3734 (6th Cir.) (99 F.3d 1361) (November 8, 1996) (Judge Gilbert S. Merritt) by One of the many issues raised in this tax case was whether the district court had erred by imposing a three level enhancement to the defendant's sentence for his role as a …

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Albers, No. 95-3023 (10th Cir.) (93 F.3d 1469) (August 23, 1996) (Judge William J. Jr. Holloway) by In reversing a four-level enhancement for being an organizer or leader of the criminal activity, the Court emphasized that it is not sufficient to show that the defendant played an "important …

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Cali, No. 95-2271 (1st Cir.) (87 F.3d 571) (June 25, 1996) (Judge Hugh H. Bownes) by Court vacated a three level enhancement, holding that management responsibility over property, assets or activities is not a valid basis for such an enhancement. If nothing else, this case proves that interpreting …

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Aggravating Role

U.S. v. DeMaria, No. 95-855-CR (S.D.Fla.) (919 F.Supp. 429) (February 15, 1996) (Judge K. Michael Moore) by This is an interesting case in which Judge Moore rejects a Government effort to increase the defendant's sentence under U.S.S.G. § 3B1.1 because of his alleged "aggravating role" in a money laundering caper. …