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Article • August 28, 2017 • from P&J August, 2017
U.S. v. DeRusse, No. 15-3302 (10th Cir.) (859 F.3d 1232) (June 20, 2017) (Judge Monroe G. McKay) by This is a decision that perfectly symbolizes the quixotic and often fickle nature of sentencing. Here, a divided panel from the Tenth Circuit affirmed sentence of time served for a defendant who …
Article • April 4, 2011 • from P&J April, 2011
U.S. v. Jacobs, No. 10-20043 (5th Cir.) (635 F.3d 778) (March 15, 2010) (Per Curiam) by In this case, Marcus Eugene Jacobs pled guilty to one count of possessing stolen mail in violation of 18 U.S.C. § 1708. In his signed plea agreement, Jacobs generally waived his right to appeal …
Article • September 1, 2009 • from P&J October, 2009
U.S. v. Dhafir, No. 05-5965-cr (2nd Cir.) (577 F.3d 411) (August 18, 2009) (Judge Barrington D. Jr. Parker) by [Editor's Note: For some commentaries on this decision, see: • "Second Circuit panel advocates 'more flexible approach' to tough guideline determinations," by Prof. Doug Berman, as posted on Sentencing Law and …
Article • June 24, 2008
Burns v. U.S., No. 89-7260 (U.S. Supreme Court) (501 U.S. 129; 111 S.Ct. 2182) (June 13, 1991) (Justice Marshall) by Court held that a district court must give "reasonable notice" that it is contemplating an upward departure in the sentencing range established by the Guidelines and must specifically identify the …
Article • June 1, 2006 • from P&J June, 2006
U.S. v. Crisp, No. 05-12304 (11th Cir.) (454 F.3d 1285) (July 7, 2006) (Judge Edward E. Carnes) by U.S. v. Martin, 455 F.3d 1227 (11th Cir. July 11, 2006) (Judge Hull) U.S. v. Crisp, 454 F.3d 1285 (11th Cir. July 7, 2006) (Judge Carnes) In these two decisions, the Eleventh …
Article • June 1, 2006 • from P&J June, 2006
U.S. v. Martin, No. 05-16645 (11th Cir.) (455 F.3d 1227) (July 11, 2006) (Judge Frank May Hull) by U.S. v. Martin, 455 F.3d 1227 (11th Cir. July 11, 2006) (Judge Hull) U.S. v. Crisp, 454 F.3d 1285 (11th Cir. July 7, 2006) (Judge Carnes) In these two decisions, the Eleventh …
Article • May 1, 2006 • from P&J May, 2006
U.S. v. Cage, No. 05-2079 (10th Cir.) (451 F.3d 585) (June 8, 2006) (Judge Carlos Lucero) by Here the Court held that a sentence of six days imprisonment and three years of supervised release for the crimes of conspiracy to distribute 500 grams or more of a mixture containing methamphetamine …