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U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace) by The two defendants in this case were convicted of a number of drug and gun charges; and they were sentenced, respectively, to 8,941 months (745 years, 1 month) and 8,955 months (746 …

U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Bengis, No. 07-4895-cr (2nd Cir.) (631 F.3d 33) (January 4, 2011) (Judge Peter W. Hall) by In the government's appeal from two orders denying its applications for a restitution award in favor of the Republic of South Africa, pursuant to, first, the Mandatory Victims Restitution Act (MVRA), and …

Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel) by This decision is another example of how the lower Federal courts seem unwilling to expand upon the Supreme Court’s recent landmark Second Amendment decision in District of Columbia v. …

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell)

Article • September 19, 2005

Filed under: Punch And Jurists, Sentences - Length/Severity of

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell) by In this case the Court overturned a life sentence without the possibility of parole imposed for a petty crime, namely uttering a "no account" check for $100 - holding that …

U.S. v. Randle, No. 02-1828 (7th Cir.) (324 F.3d 550) (April 1, 2003) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Randle, No. 02-1828 (7th Cir.) (324 F.3d 550) (April 1, 2003) (Judge Michael S. Kanne) by Here a divided court held that the district court had committed plain error in awarding restitution to two debtors with respect to whom defendant's bankruptcy fraud conduct was charged but unconvicted, as …

U.S. v. Bean, No. 01-704 (U.S. Supreme Court) (537 U.S. 71; 123 S.Ct. 584) (December 10, 2002) (Justice Thomas)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Bean, No. 01-704 (U.S. Supreme Court) (537 U.S. 71; 123 S.Ct. 584) (December 10, 2002) (Justice Thomas) by In this case, a unanimous Supreme Court held that convicted felons could not go to the Federal courts to seek restoration of their gun rights once Congress had blocked the …

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement) by Here the Court held that it was not an abuse of discretion for the district court to impose a 13-year upward departure to a Guideline sentence of 7 years based on the …

Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro) by The Federal gun laws contain a long (and growing) list of categories of people who are barred from possessing guns (the list of prohibited persons presently includes persons convicted …

U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion) by

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne) by In this case the defendants argued that the district court's finding that their offenses involved over 500 grams of cocaine violated the rule announced by the Supreme Court in Apprendi because it …

Bean v. Bureau of Alcohol, Tobacco and Firearms, No. 00-40304 (5th Cir.) (253 F.3d 234) (June 20, 2001) (Judge Henry A. Politz)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Restoration of Civil Rights

Bean v. Bureau of Alcohol, Tobacco and Firearms, No. 00-40304 (5th Cir.) (253 F.3d 234) (June 20, 2001) (Judge Henry A. Politz) by In 1998, the plaintiff in this case was a duly licensed fireams dealer with the Bureau of Alcohol, Tobacco and Firearms (ATF). In March of trhat year, …

Palma v. U.S. Dept. of Alcohol, Tobacco & Firearms, No. 99-1503 (3rd Cir.) (228 F.3d 323) (September 26, 2000) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Palma v. U.S. Dept. of Alcohol, Tobacco & Firearms, No. 99-1503 (3rd Cir.) (228 F.3d 323) (September 26, 2000) (Judge Theodore A. McKee) by In reversing the district court's grant of relief to the petitioner in this case, the Third Circuit held that he had failed to make the necessary …

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King) by In this case two defendants pled guilty to conduct that included a $30,000 fraudulent transaction with a specifically named victim in the United Arab Emirates; and, at sentencing, they were ordered to …

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour) by This case speaks loudly about America’s concepts of the “evolving standards of decency” - an oft-quoted judicial platitude used to justify many puritanical decisions. The defendant in this case was convicted in …

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy) by

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz) by Palma v. United States, 48 F.Supp.2d 481 (E.D.Pa. 1999) (Judge Katz) McHugh v. Rubin, 49 F.Supp.2d 105 (E.D.N.Y. 1999) (Judge Platt) Both of these cases are noted as rare examples of a Federal …

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt) by Palma v. United States, 48 F.Supp.2d 481 (E.D.Pa. 1999) (Judge Katz) McHugh v. Rubin, 49 F.Supp.2d 105 (E.D.N.Y. 1999) (Judge Platt) Both of these cases are noted as rare examples of a …

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill) by In this case the defendant was charged with two 0felon-in-possession counts and one count of possessing an unregistered firearm in violation of 26 U.S.C. §§ 5861 and 5871. The government introduced evidence …

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green) by Apparently not satisfied with its already virtually unbounded control over the lives of probationers, the Probation Office in this case made the novel request to extend the defendant's period of …

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore) by Here the Court held that the defendant was not prohibited from possessing firearms at the time those firearms were seized because his rights had been sufficiently restored within the meaning of …