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U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein)

Article • July 16, 2018 • from P&J July, 2018

Filed under: Punch And Jurists, Imprisonment

U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein) by Once again, District Judge Jack Weinstein of the E.D.N.Y. has added to his huge legacy of memorable and prophetic sentencing decisions - this time with a brilliant treatise on, and a telling indictment …

U.S. v. Reyes-Ceja, No. 11-50167 (9th Cir.) (712 F.3d 1284) (April 1, 2013) (Judge Andrew J. Kleinfeld)

Article • July 15, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Imprisonment

U.S. v. Reyes-Ceja, No. 11-50167 (9th Cir.) (712 F.3d 1284) (April 1, 2013) (Judge Andrew J. Kleinfeld) by This decision pushes the use of the two-level enhancement set forth in U.S.S.G. § 4A1.1(d) for committing an offense “while under” any “criminal justice sentence” beyond all sensibility. Here, after the defendant, …

U.S. v. Dotson, No. 12-2945 (7th Cir.) (712 F.3d 369) (April 4, 2013) (Judge Richard A. Posner)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Inoperable Firearms

U.S. v. Dotson, No. 12-2945 (7th Cir.) (712 F.3d 369) (April 4, 2013) (Judge Richard A. Posner) by Here the Court held that a gun is a gun for purposes of prosecution as a felon in possession of a firearm even though the gun was inoperable because of "significant damage, …

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Rivera, No. 04-5480-cr (2nd Cir.) (415 F.3d 284) (July 18, 2005) (Judge John M. Jr. Walker) by Here the Second Circuit joined five other circuits in holding that an inoperable firearm falls within the definition of a firearm under 18 U.S.C. § 921(a)(3). “Firearm” is defined by the …

U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam) by

U.S. v. Vega, No. 03-13329 (11th Cir.) (365 F.3d 988) (April 8, 2004) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Vega, No. 03-13329 (11th Cir.) (365 F.3d 988) (April 8, 2004) (Judge Eugene E. Jr. Siler) by Joining with the Sixth Circuit, the Eleventh Circuit held that the United States Sentencing Commission exceeded its authority in providing an enhancement for crimes involving semi-automatic weapons legally possessed under the …

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Imprisonment

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by More and more, we are beginning to see massive efforts by our Government to hide outright or to disguise beyond recognition the real repercussions and the true costs (both economic and …

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Definitions

U.S. v. Merino, No. 98-50037 (9th Cir.) (190 F.3d 956) (September 13, 1999) (Judge Andrew J. Kleinfeld) by The defendant in this case pled guilty to to unlawful transportation of hazardous waste and unlawful storage of hazardous waste. His landlord spent $15,775 removing waste, some of which was classified as …

U.S. v. Rivard, No. 98-1369, No. 1168 (2nd Cir.) (184 F.3d 176) (July 13, 1999) (Per Curiam)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Imprisonment

U.S. v. Rivard, No. 98-1369, No. 1168 (2nd Cir.) (184 F.3d 176) (July 13, 1999) (Per Curiam) by Here the Court held that placement on a state's daily interrupt status, during which he was released from prison on weekdays for work release, but required to stay in prison on weekends, …

U.S. v. Elkins, No. 97-3426 (7th Cir.) (176 F.3d 1016) (May 12, 1999) (Judge John L. Coffey)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Imprisonment

U.S. v. Elkins, No. 97-3426 (7th Cir.) (176 F.3d 1016) (May 12, 1999) (Judge John L. Coffey) by Here the Court squarely affirmed that "imprisonment", at least in the context of the Guidelines, denotes time actually spent in a penal institution, and does not include time spent in community or …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Definitions

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by Despite precedent to the contrary, the defendant's claim that an enhancement under USSG § 2K2.1(b)(4) applies only when the firearm had already been "stolen" prior to the defendant's taking possession of …

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Non-violent offenses

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel) by Gavis v. Crabtree, 28 F.Supp.2d 1264 (D.Or. 1998) (Judge Haggerty) Hicks v. Brooks, 28 F.Supp.2d 1268 (D.Colo. 1998) (Judge Daniel) It is hard to find a more vigilant protagonist of prisoners' rights in …

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Non-violent offenses

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of …

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Definitions

U.S. v. Akintobi, No. 97-50452 (9th Cir.) (159 F.3d 401) (October 22, 1998) (Judge Robert Boochever) by Here the Court held that, although the money laundering statute does not define the word "proceeds", fraudently obtained, albeit untimately valuless, checks can be proceeds that will support a money laundering conviction.

U.S. v. Askari, No. 95-1662 (3rd Cir.) (151 F.3d 131) (August 7, 1998) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Non-violent offenses

U.S. v. Askari, No. 95-1662 (3rd Cir.) (151 F.3d 131) (August 7, 1998) (Judge Edward R. Becker) by The most significant aspect of this case is its reference to proposed Guideline Amendment 583 which is designed to refine and clarify the standard for determining "non-violent" offenses in order to resolve …

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Definitions

U.S. v. Casiano, No. 96-1256 (3rd Cir.) (113 F.3d 420) (May 7, 1997) (Judge Dolores K. Sloviter) by The law says that anyone who uses or carries a firearm during and in relation to a crime of violence shall be sentenced to a mandatory term of imprisonment of five years, …

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Definitions

U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum) by The defendant in this case pled guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h); and the plea agreement specified that the object of the conspiracy was …

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by Case ordered a remand to determine whether the defendant was properly claissified as a career offender, based on his argument that mere possession did not constitute a "controlled substance offense". This case …

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Allen, No. 93-5536 (4th Cir.) (50 F.3d 294) (March 31, 1995) (Judge M. Blane Michael) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner)

Article • May 1, 1995

Filed under: Punch And Jurists, Definitions

U.S. v. Joseph, No. 94-1668 (7th Cir.) (50 F.3d 401) (March 14, 1995) (Judge Richard A. Posner) by United States v. Allen, 50 F.3d 292 (4th Cir. 1995) United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) Here are two cases that discuss the meaning of the phrase "related …