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U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard) by Here, over a strong dissent from Judge Sloviter, a divided panel from the Third Circuit affirmed a four-level downward departure for a white collar millionaire criminal based on his “good works” - …

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian) by The defendant was convicted at trial of conspiracy to commit bank fraud and mail and wire fraud; and his Guideline sentencing range was 24 to 30 months. At sentencing, the district court departed …

U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner) by In this Sentencing Memorandum, Judge Gertner set forth a current and comprehensive guide to downward departure for good works under U.S.S.G. § 5H1.11 - a discouraged ground - but one which she …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch) by Here the Court totally ignored Judge Harrington's prior and highly vocal decision to recuse himself from a prior remand; and decided to replace its earlier decision with this amended (and somewhat softer) …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch) by A jury convicted William Thurston, a vice president of Damon Clinical Testing Laboratories, Inc., of conspiring to defraud the Medicare program of over five million dollars by tricking doctors into ordering medically …

U.S. v. Serafini, No. 99-3994 (3rd Cir.) (233 F.3d 758) (November 28, 2000) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Serafini, No. 99-3994 (3rd Cir.) (233 F.3d 758) (November 28, 2000) (Judge Marjorie O. Rendell) by Proving that it never hurts to be rich and powerful, the Third Circuit affirmed, over the strong dissent of Judge Rosenn, a three level downward departure granted to a state legislator who …

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Bennett, No. Crim. A. 96-503 (E.D.Pa.) (9 F.Supp.2d 513) (May 27, 1998) (Judge Edmund V. Ludwig) by In this case, Judge Bennett granted a 91 month downward departure (from a Guidelines sentencing range of 235 months to 144 months) based on a combination of (a) the defendant's exceptional …

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Crouse, No. 97-1765 (6th Cir.) (145 F.3d 786) (May 27, 1998) (Judge Eugene E. Jr. Siler) by The defendant in this oft-appealed case was convicted of producing and selling adulterated orange juice in violation of 21 U.S.C. §§ 331(a) and 333(b). His Guideline sentencing range was 30 to …

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Wilke, No. 96 CR 354 (N.D.Ill.) (995 F.Supp. 828) (January 30, 1998) (Judge Elaine E. Bucklo) by In this case, the defendant was convicted of child pornography and his Guideline sentencing range called for a minimum sentence of 21 months incarceration. He moved for a downward departure based …

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg) by In this case, the district court reduced a Guidelines sentence from 63 months to 48 months based on the defendant's "longstanding record of exemplary service to [his] community", and possible economic injury …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Decisions like this one usually don't get published. First of all, they raise the disturbing question whether law enforcement officers of our nation are accorded special treatment - even when …

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by The defendant in this case was originally convicted of the interstate shipment of adulterated orange juice, and his Guideline sentencing level was 19 - calling for a sentence of 30 to 37 …

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Grandmaison, No. 95-1674 (1st Cir.) (77 F.3d 555) (March 1, 1996) (Judge Hugh H. Bownes) by Case held that exceptional community or charitable activities may provide a basis for departure under the Guidelines.