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Article • December 1, 1999 • from P&J December, 1999
U.S. v. Cusack, No. 98 CR. 691(DLC) (S.D.N.Y.) (66 F.Supp.2d 493) (September 17, 1999) (Judge Denise Cote) by The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President …
Article • November 1, 1998 • from P&J November, 1998
U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed) by Judge Reinhardt argued that the defendant's three uncounted prior frauds (involving between $2000 and $28,000) were not "serious enough" to warrant the departure granted - and he objected to the majority's …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Sablan, No. 94-10534 (9th Cir.) (114 F.3d 913) (June 5, 1997) (Judge Edward Leavy) by This is an important Guidelines decision that flows from the Supreme Court's landmark ruling in Koon v. U.S., 135 L.Ed.2d 392 (1996); and, in the minds of the dissenting judges, it is destined …
Article • July 1, 1995
U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that a court's determination that a defendant has recidivist proclivities was sufficient to increase the defendant's criminal history category.
Article • January 1, 1994
U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher) by In this case the district court upwardly departed based on her belief that the Sentencing Commission failed to take into account the serious problem of drug offender recidivism when formulating …