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Article • November 12, 2012 • from P&J November, 2012
U.S. v. Palomar-Martinez, No. 2:11-cr-156-MEF (M.D.Ala.) (858 F.Supp.2d 1281) (May 2, 2012) (Judge Mark E. Fuller) by This decision is noted for its extended discussion of the criteria for eligibility for a downward departure based on a defendant’s “cultural assimilation,” under U.S.S.G. § 2L1.2. By virtue of Guideline Amendment 740, …
Article • August 1, 2004 • from P&J August, 2004
U.S. v. Castillo, No. 03-20867 (5th Cir.) (386 F.3d 632) (September 22, 2004) (Judge Rhesa Hawkins Barksdale) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …
Article • August 1, 2004 • from P&J August, 2004
U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (384 F.3d 1034) (September 27, 2004) (Judge Ronald M. Gould) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …
Article • May 1, 2004 • from P&J August, 2004
U.S. v. Rivas-Gonzalez, No. 03-30167 (9th Cir.) (365 F.3d 806) (April 22, 2004) (Judge Ronald M. Gould) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …
Article • February 1, 2004 • from P&J February, 2004
U.S. v. Reyes-Campos, No. CR.03-105-N (M.D.Ala.) (293 F.Supp.2d 1252) (November 4, 2003) (Judge Myron H. Thompson) by This case is noted for its timely and exhaustive review of the case law relating to downward departures based on a defendant’s “cultural assimilation” to the United States. In this case, the defendant, …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Aguilar-Portillo, No. 02-3817 (8th Cir.) (334 F.3d 744) (July 1, 2003) (Judge Morris Sheppard Arnold) by Here the Court reversed the district court's grant of a one level sentencing departure in a drug case based on the defendant's ties to the U.S., stating that a departure based on …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Martinez-Alvarez, No. 02-CR-223 (E.D.Wisc.) (256 F.Supp.2d 917) (April 14, 2003) (Judge Lynn S. Adelman) by U.S. v. Aguilar-Portillo, 334 F.3d 744 (8th Cir. 07/01/2003) (Judge M.S. Arnold) U.S. v. Martinez-Alvarez, 256 F.Supp.2d 917 (E.D. Wisc. 2003) (Judge Adelman) For years, the courts have wrestled with ways in which …
Article • July 1, 2001 • from P&J July, 2001
U.S. v. Rodriguez-Montelongo, No. 00-51023 (5th Cir.) (263 F.3d 429) (August 23, 2001) (Judge Richard A. Schell) by This decision marks the second time that an appellate court has approved - at least in principle - the concept that a district court may grant a sentencing departure based on a …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson) by This case is noted because it recognizes still another novel ground for a downward departure under the Guidelines - one which the Court called a person’s “cultural assimilation” into American society. The Ninth …