Punch and Jurists

U.S. v. O'Brien, No. 08-1569 (U.S. Supreme Court) (560 U.S. 218; 130 S.Ct. 2169) (May 24, 2010) (Justice Kennedy) by The firearm penalty provisions contained in 18 U.S.C. § 924(c)(1) provide for a series of escalating mandatory minimum sentences depending on the manner in which the basic crime is carried …

U.S. v. Pineda-Arrellano, No. 06-41156 (5th Cir.) (492 F.3d 624) (July 17, 2007) (Judge Edith H. Jones) by For a summary of this decision, see "Panel Majority: Apprendi "No Longer . . . Legitimate Basis for Appeal" -- Concurrence: That's Dicta," as posted on the Fifth Circuit Blog at http://circuit5.blogspot.com/2007/07/panel-majority-apprendi-no-longer.html …

U.S. v. Lizardo, No. 04-1714 (1st Cir.) (445 F.3d 73) (April 26, 2006) (Judge Juan R. Torruella) by Defendant appealed decisions of the United States District Court for the District of Massachusetts, which convicted him of conspiring to distribute cocaine in violation of 21 U.S.C.S. § 846 and for unlawful …

U.S. v. Malouf, No. 05-2245 (1st Cir.) (466 F.3d 21) (October 13, 2006) (Judge Juan R. Torruella) by Here the Court held that the imposition of a mandatory minimum sentence based on a sentencing court’s determination of the quantity of drugs by a mere preponderance of the evidence did not …

U.S. v. Cordoba-Murgas, No. 04-3131 (2nd Cir.) (422 F.3d 65) (September 7, 2005) (Judge Jose A. Cabranes) by The defendant’s appeal in this drug case had already been argued when the Supreme Court issued Apprendi v. New Jersey, 530 U.S. 466 (2000), which stated that other "than the fact of …

U.S. v. Malouf, No. 03-cr-10298-NG (D.Mass.) (377 F.Supp.2d 315) (June 14, 2005) (Judge Nancy Gertner) by In this decision, Judge Gertner addressed sentencing rights where the defendant pled guilty to a drug conspiracy indictment, leaving the quantity to be determined by the judge through a jury waiver. Over government objection, …