Search | Punch and Jurists

U.S. v. Barnes, No. 17-7016 (10th Cir.) (890 F.3d 910) (May 16, 2018) (Judge Timothy M. Tymkovich)

Article • July 16, 2018 • from P&J July, 2018

Filed under: Punch And Jurists, Law Enforcement Discount

U.S. v. Barnes, No. 17-7016 (10th Cir.) (890 F.3d 910) (May 16, 2018) (Judge Timothy M. Tymkovich) by Here a divided panel affirmed extremely light sentences imposed on two former prison officials over a strong and thoughtful dissent by Judge Bacharach, who argued that the sentences were substantively unreasonable for …

U.S. v. Singh, No. 16-1111-cr (2nd Cir.) (877 F.3d 107) (December 12, 2017) (Judge Denny Chin)

Article • December 18, 2017 • from P&J December, 2017

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Singh, No. 16-1111-cr (2nd Cir.) (877 F.3d 107) (December 12, 2017) (Judge Denny Chin) by This is a model Guidelines sentencing decision filled with nuggets of pure gold in which the district judge (Katherine Forrest of the S.D.N.Y.) was sharply rebuked for imposing an above-Guidelines sentence in an …

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner) by This is a rare sentencing case that proves that it’s never too late to seek appellate review of a sentence. Here, the defendant, Terry Taylor, was originally sentenced in 2005 to a …

U.S. v. Musgrave, No. 15-3043 (6th Cir.) ( F.3d ) (May 4, 2016) (Judge Jane B. Stranch)

Article • June 13, 2016 • from P&J July, 2016

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Musgrave, No. 15-3043 (6th Cir.) ( F.3d ) (May 4, 2016) (Judge Jane B. Stranch) by This is the Sixth Circuit’s second crack at the non-incarceratory sentence imposed on Paul Musgrave who was convicted by a jury of various white-collar crimes - namely one count of conspiracy to …

U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons)

Article • March 7, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons) by This case presented a rather convoluted question regarding whether U.S.S.G. §1B1.10(b)(2) permits a defendant, who originally received a below-guidelines sentence attributable to both assistance and non-assistance factors, to receive a subsequent sentence …

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne) by Can a really rich defendant buy his way out of prison in the year 2015? That’s essentially the essence of the question that the Seventh Circuit addressed in this case; and it …

U.S. v. Robinson, No. 13-2308 (6th Cir.) (778 F.3d 515) (February 18, 2015) (Judge Eric L. Clay)

Article • March 23, 2015 • from P&J March, 2015

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Robinson, No. 13-2308 (6th Cir.) (778 F.3d 515) (February 18, 2015) (Judge Eric L. Clay) by The debate over what is an appropriate sentence for the possession of child pornography continues to rage in the courts. And, while most of the child porn sentencing decisions involve a discussion …

U.S. v. Dautovic, No. 13-1493 (8th Cir.) (763 F.3d 927) (August 14, 2014) (Judge Roger L. Wollman)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Law Enforcement Discount

U.S. v. Dautovic, No. 13-1493 (8th Cir.) (763 F.3d 927) (August 14, 2014) (Judge Roger L. Wollman) by Law enforcement officials steadfastly deny that there is any sort of special break given to its personnel, either in the form of reduced charges or a sentencing discount, when any of its …

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs) by Sentence to five years’ probation and assessing $45,398 in restitution for offenses arising from his malfeasance as an air monitor for asbestos abatement projects is vacated and remanded for re-sentencing because the …

U.S. v. McQueen, No. 12-10840 (11th Cir.) (727 F.3d 1144) (August 22, 2013) (Judge Stanley Marcus)

Article • September 9, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Law Enforcement Discount

U.S. v. McQueen, No. 12-10840 (11th Cir.) (727 F.3d 1144) (August 22, 2013) (Judge Stanley Marcus) by Alexander McQueen and Steven Dawkins were corrections officers at the South Florida Reception Center (“SFRC”), a state prison in Doral, FL. A Federal grand jury charged McQueen and another officer, Guruba Griffin, with …

U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore) by U.S. v. Howley, 707 F.ed 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …

U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton) by U.S. v. Howley, 707 F.3d 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …

S.E.C. v. Apuzzo, No. 11-696-cv (2nd Cir.) (689 F.3d 204) (August 8, 2012) (Judge Jed S. Rakoff)

Article • December 1, 2012

Filed under: Punch And Jurists, Substantial Assistance

S.E.C. v. Apuzzo, No. 11-696-cv (2nd Cir.) (689 F.3d 204) (August 8, 2012) (Judge Jed S. Rakoff) by In a suit brought by the Securities and Exchange Commission, alleging that defendant aided and abetted securities laws violations through his role in a fraudulent accounting scheme, district court's grant of defendant's …

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell) by There are three different provisions of the law that relate to sentence reductions based on a defendant’s cooperation with - or “substantial assistance to” - the Government, namely: ∙ U.S.S.G. § 5K1.1 …

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher) by When considering a departure for post-sentence substantial assistance, the district court may consider other factors in order to ensure that the sentence ultimately imposed accords with the purposes of sentencing that Congress …

Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Post Gall/Kimbrough

Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett) by Here the court categorically rejected the “new” 18:1 ratio that Congress has adopted for crack cocaine crimes, after noting that the Govt had been unable to present “a single scintilla of . . . …

U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons)

Article • January 24, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons) by Here a divided en banc court debated, but did not fully resolve, the issue of whether and to what extent a district court may consider factors beyond substantial assistance in ruling on …

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner) by In addition to sentence reductions for substantial assistance based on U.S.S.G. § 5K1.1, Rule 35(b)of the Fed.R.Crim.P. addresses two other types of Government motions to reduce a defendant’s sentence based upon substantial …

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman) by Here, on remand from the Supreme Court, the Eighth Circuit finally approved as “not substantively unreasonable” a downward departure under U.S.S.G. 5K1.1 far beyond what the prosecutors had requested for the defendant’s …

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (586 F.3d 1176) (November 10, 2009) (Per Curiam)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Amezcua-Vasquez, No. 07-50239 (9th Cir.) (586 F.3d 1176) (November 10, 2009) (Per Curiam) by In a ruling marked by the strong dissent of 7 judges, the full court declined to grant a rehearing en banc of a prior decision that was described as “the first published opinion . …