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U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Brown, No. 07-CR-874 (KAM) (E.D.N.Y.) (606 F.Supp.2d 306) (March 9, 2009) (Judge Kiyo A. Matsumoto) by In a decision that provides a lot of insights into the purposes of, and the burdens of proof under, Fed.R.Evid. 609(a)( and (b), Judge Kiyo Matusmoto presented a studious analysis of her …

U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman) by Time and again, Judge Lynn Adelman has shown that a fair and just sentence under the Guidelines cannot be achieved simply by following the rigid mandates of the Guidelines. So, in this case, …

U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay) by The specific issue before the Court in this case was whether a state conviction for being a minor in possession of alcohol is "countable" under § 4A1.2(c) of the Guidelines for purposes …

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Lopez-Zamora, No. 03-50304 (9th Cir.) (392 F.3d 1087) (December 29, 2004) (Judge M. Margaret McKeown) by The defendant in this case appealed his sentence for attempted entry into the United States after having been deported, arguing that the district court had erred by not recognizing its discretion to …

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica) by Here the Court held that a criminal sentence served in a halffway house qualified as a "prior sentence of imprisonment" under U.S.S.G. § 4A1.1 for the purpose of calculating the defendant's criminal …

U.S. v. Hiruko, No. 03 CR 1124 (JG) (E.D.N.Y.) (320 F.Supp.2d 26) (June 9, 2004) (Judge John Gleeson)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Hiruko, No. 03 CR 1124 (JG) (E.D.N.Y.) (320 F.Supp.2d 26) (June 9, 2004) (Judge John Gleeson) by Defendants were charged with conspiracy and substantive counterfeiting offenses. One defendant moved to suppress counterfeit money allegedly seized from the floor in the back seat of the car that he was …

U.S. v. Agostini, No. S1700CR237(VM) (S.D.N.Y.) (280 F.Supp.2d 260) (September 8, 2003) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Agostini, No. S1700CR237(VM) (S.D.N.Y.) (280 F.Supp.2d 260) (September 8, 2003) (Judge Victor Marrero) by In a decision that underscores the often-disparate treatment accorded to evidence of past crimes, the Court held that defense counsel would not be permitted to cross-examine the victim of an alleged assult about two …

U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner) by The defendant in this case pled guilty to unlawful re-entry of a deported alien, in violation of 8 U.S.C. § 1326 and urged a sentence at the low end of the applicable …

U.S. v. Greger, No. 02-3739 (8th Cir.) (339 F.3d 666) (August 6, 2003) (Judge Laurie Smith Camp)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Greger, No. 02-3739 (8th Cir.) (339 F.3d 666) (August 6, 2003) (Judge Laurie Smith Camp) by A district court has the authority to depart downward both horizontally in a defendant's criminal history category and vertically in his offense level to account for overrepresentation of his crimnal history based …

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Camejo, No. 01-1572 (6th Cir.) (333 F.3d 669) (June 26, 2003) (Judge Joseph M. Hood) by Here the Court held that the district court had erred in concluding that it was without authority to grant the defendant credit for a two-year, pre-offense incarceration as an immigration “hold,” since …

U.S. v. Joaquin, No. 01-3134 (D.C. Cir.) (326 F.3d 1287) (May 2, 2003) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Joaquin, No. 01-3134 (D.C. Cir.) (326 F.3d 1287) (May 2, 2003) (Judge David S. Tatel) by In this case, when imposing its sentence of the defendant for illegal possession and distribution of crack cocaine, the district court denied defendant's motion for a downward departure under U.S.S.G. § 4A1.3, …

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (240 F.Supp.2d 872) (January 7, 2003) (Judge Lynn S. Adelman) by Here the Court reduced the defendant's criminal history category by one level after finding that his past convictions (two of which were more than 20 years old and were for relatively minor crimes) …

U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams) by Ralph Angle was convicted of receiving and possessing child pornography and using interstate commerce to entice a child under 18 years old to engage in a sex act. He was originally sentenced …

U.S. v. Carlson, No. Crim. H-99-178 (S.D.Tex.) (236 F.Supp.2d 686) (June 28, 2002) (Judge Lynn N. Hughes)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Carlson, No. Crim. H-99-178 (S.D.Tex.) (236 F.Supp.2d 686) (June 28, 2002) (Judge Lynn N. Hughes) by Here the Court granted a suppression motion because, inter alis, a Customs agent’s affidavit in support of a search warrant lacked probable cause, was grossly misleading, contained material false representations and relied …

U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith) by In a conviction for illegal presence in the U.S., an upward sentence departure under U.S.S.G. § 4A1.3 was proper, based on past "lenient" treatment of defendant's criminal conduct including three DWI convictions …

U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan) by The defendant in this case, Ronald Moore, sold small quantities of crack cocaine to an undercover police officer on eight separate occasions before he was arrested. Moore pled guilty; and, based on …

U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans) by Here the Court held that, on some issues, the Guidelines replace a sentencing judge's reasoning about a defendant's past conduct and his future likelihood of recidivism; and here the court crossed that …

U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull) by District court erroneously departed downward in sentencing defendant after a drug conspiracy conviction, where departures for factual circumstances (defendant's criminal history, diminished capacity, and disparity of other suspects' sentences) were inappropriate as …

U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore) by Here the Court held that no reduction in a defendant's criminal history points is permitted under USSG § 4A1.3 - thus precluding any “safety-valve” sentence reduction for any defendants who have more …

U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley) by United States v. Smith, 278 F.3d 605 (6th Cir. 2002) (Judge Marbley) United States v. Penn, No. 00-6314 (6th Cir. 3/13/2002) (Judge Moore) Both of these cases deal with the application of …