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U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch)

Article • February 22, 2016 • from P&J February, 2016

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch) by In this case of first impression in the First Circuit, the Court directly addressed a question that the Supreme Court expressly left open in Setser v. U.S., 566 U.S. ___, 132 S. …

Setser v. U.S., No. 10-7387 (U.S. Supreme Court) (566 U.S. 231; 132 S.Ct. 1463) (March 28, 2012) (Justice Scalia)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Multiple Sentences

Setser v. U.S., No. 10-7387 (U.S. Supreme Court) (566 U.S. 231; 132 S.Ct. 1463) (March 28, 2012) (Justice Scalia) by This is a novel case in which the Government actually decided to oppose a Fifth Circuit decision in its favor and to support a convicted criminal in arguing that the …

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam) by Re-sentencing for violation of conditions of a supervised release is affirmed where: 1) although the district court was not authorized under 18 U.S.C. § 3584(a) at the first sentencing hearing to direct defendant's federal …

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock) by The rules regarding the timing and nature of sentences imposed on defendants who face sentencing in both federal and state courts have always been somewhat confusing - in part because of often …

U.S. v. Fifield, No. 04-30299 (9th Cir.) (432 F.3d 1056) (December 30, 2005) (Judge Marsha L. Berzon)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Fifield, No. 04-30299 (9th Cir.) (432 F.3d 1056) (December 30, 2005) (Judge Marsha L. Berzon) by In this case the Court delved into a number of complex issues regarding when and whether state and federal sentences should run concurrently or consecutively under the provisions of U.S.S.G. § 5G1.3. …

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart)

Article • August 6, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart) by The defendant in this case was charged with and convicted of both rape and felony murder on the basis of the same rape. He was sentenced to consecutive terms of …

U.S. v. Deutsch, No. 02-3235 (7th Cir.) (403 F.3d 915) (April 12, 2005) (Per Curiam)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Deutsch, No. 02-3235 (7th Cir.) (403 F.3d 915) (April 12, 2005) (Per Curiam) by

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs) by In a blunt assessment of the confused and confusing state of sentencing of defendants who are serving both a federal and a state term of imprisonment, Judge Jacobs called the situation both …

U.S. v. Rouse, No. 02-4956 (4th Cir.) (363 F.3d 256) (March 26, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Rouse, No. 02-4956 (4th Cir.) (363 F.3d 256) (March 26, 2004) (Judge William W. Jr. Wilkins) by Adding to a Circuit split on the issue, the Fourth Circuit held that because the district court took relevant conduct into account in determining defendant's offense level, it erred in not …

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart) by U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines, when the maximum sentence required by the substantive criminal statute falls short …

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans) by This multi-defendant drug conspiracy case dealt with a number of issues. The principle issue addressed dealt with the Government's adherence to the wiretap laws; and on that issue the Court held that …

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel) by Defendants convicted of drug conspiracy convictions could not show that Apprendi errors affected their substantial rights because their total length of imprisonment would not have been shorter even if they were properly …

U.S. v. Lott, No. 00-6141 (10th Cir.) (298 F.3d 970) (July 30, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Lott, No. 00-6141 (10th Cir.) (298 F.3d 970) (July 30, 2002) (Judge David M. Ebel) by Here, in an extended discussion of the meaning of "total punishment" under the Guidelines, and the impact, if any, of Apprendi on the district court's authority to impose consecutive sentences on a …

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam) by The defendant in this case was convicted of three counts of attempting to manufacture methamphetamine, and was initially sentenced to 32 years' imprisonment for each conviction, with the sentences to run concurrently. …

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis) by This is an important Guidelines case, because it is the first case we have seen that both questions and challenges the widely held (but relatively recent) assumption that U.S.S.G. § 5G1.2(d) …

U.S. v. Noble, No. 01-4287 (7th Cir.) (299 F.3d 907) (August 20, 2002) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Noble, No. 01-4287 (7th Cir.) (299 F.3d 907) (August 20, 2002) (Judge Ann Claire Williams) by Here the Court held there was no Apprenci violation where a combined consecutive sentence did not exceed the combined maximum for the two counts, but reliable evidence did not support attribution of …

U.S. v. Chase, No. 00-4803 (4th Cir.) (296 F.3d 247) (July 10, 2002) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Chase, No. 00-4803 (4th Cir.) (296 F.3d 247) (July 10, 2002) (Judge William W. Jr. Wilkins) by Although a single 360-month sentence for conspiracy exceeded the applicable statutory maximum, such error was harmless under Apprendi where the district court could have sentenced defendant to consecutive terms totaling 360 …

U.S. v. Martinez, No. 00-2900 (7th Cir.) (289 F.3d 1023) (May 13, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Martinez, No. 00-2900 (7th Cir.) (289 F.3d 1023) (May 13, 2002) (Judge Ilana Diamond Rovner) by Here the Court held that there is no Apprendi error where the district court could have imposed the same punishment simply by imposing consecutive sentences; calculation of quantity of drugs attributable to …

U.S. v. Diaz, No. 00-2188 (8th Cir.) (296 F.3d 680) (July 11, 2002) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Diaz, No. 00-2188 (8th Cir.) (296 F.3d 680) (July 11, 2002) (Judge Roger L. Wollman) by The two defendants in this case were convicted of a number of drug and related crimes and they were sentenced to terms of imprisonment of 360 months and 262 months, respectively, based …

Deal v. U.S., No. 91-8199 (U.S. Supreme Court) (508 U.S. 129; 113 S.Ct. 1993) (May 17, 1993) (Justice Scalia)

Article • May 30, 2002

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Deal v. U.S., No. 91-8199 (U.S. Supreme Court) (508 U.S. 129; 113 S.Ct. 1993) (May 17, 1993) (Justice Scalia) by The petitioner in this case was convicted of six counts of bank robbery, 18 U.S.C. § 2113(a) and (d), six counts of carrying and using a firearm during and in …