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Article • August 1, 2002 • from P&J August, 2002
U.S. v. Downing, No. 01-1437 (2nd Cir.) (297 F.3d 52) (July 1, 2002) (Judge Robert D. Sack) by Two of the defendants in this case, Samuel Ward and Daniel Drucker, were convicted at trial of conspiracy to commit wire fraud and securities fraud. The convictions arose out of the prosecution …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Waskom, No. 98-10128 (5th Cir.) (179 F.3d 303) (June 22, 1999) (Judge Fortunato P. Benavides) by This case deals with a frequently-litigated section of the Guidelines, namely U.S.S.G. § 2X1.1(b)(2), which provides for a three-level sentence reduction in a conspiracy case if the co-conspirators are arrested “well before” …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Onheiber, No. 98-6237 (10th Cir.) (173 F.3d 1254) (March 31, 1999) (Judge Stephen H. Anderson) by This case explains an important twist to the provisions of U.S.S.G. § 2X1.1 - which normally allows a three- level reduction in a sentence where the defendant was convicted of an "attempt" …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base …
Article • October 1, 1997 • from P&J October, 1997
U.S. v. Oates, No. 97-10442 (5th Cir.) (122 F.3d 222) (September 4, 1997) (Judge Will L. Garwood) by Court rejected use of U.S.S.G. § 2X1.1 because bank fraud was substantially complete at the time of defendant's arrest.
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Medina, No. 95-1131, No. 173 (2nd Cir.) (74 F.3d 413) (January 23, 1996) (Per Curiam) by Section 2X1.1(b)(2) provides for a three-level reduction of the base offense level in cases of a conspiracy, unless the circumstances demonstrate that the conspirators were about to complete all the acts believed …