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U.S. v. Hernandez, No. 09-1421-cr (2nd Cir.) (604 F.3d 48) (May 5, 2010) (Judge Dennis G. Jacobs)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Different Judge

U.S. v. Hernandez, No. 09-1421-cr (2nd Cir.) (604 F.3d 48) (May 5, 2010) (Judge Dennis G. Jacobs) by Defendant's drug conspiracy sentence is vacated where the district court evidently started with an assumption, invalid after so long an interval, that the baseline for the re-sentencing was the sentence imposed in …

U.S. v. Paul, No. 08-30125 (9th Cir.) (561 F.3d 970) (April 2, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Paul, No. 08-30125 (9th Cir.) (561 F.3d 970) (April 2, 2009) (Per Curiam) by In an earlier, unpublished decision reported at U.S. v. Paul, 239 Fed. Appx. 353 (9th Cir. Aug. 17, 2007) (P&J, 07/16/07) (“Paul !”), a panel from the Ninth Circuit reversed a within-Guidelines sentence of …

U.S. v. DeMott, No. 05-4285-cr(L) (2nd Cir.) (513 F.3d 55) (January 15, 2008) (Per Curiam)

Article • February 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Different Judge

U.S. v. DeMott, No. 05-4285-cr(L) (2nd Cir.) (513 F.3d 55) (January 15, 2008) (Per Curiam) by Order resentencing defendant following his guilty plea to conspiring to distribute and possess with intent to distribute over one thousand kilograms of marijuana is vacated where the court violated: 1) defendant's right to be …

U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, Different Judge

U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter) by For a summary of this decision, see "2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure," by Mark Hamblett, as published in the New York Law …

U.S. v. Cole, No. 06-0226-cr (2nd Cir.) (496 F.3d 188) (August 9, 2007) (Judge Peter W. Hall)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Different Judge

U.S. v. Cole, No. 06-0226-cr (2nd Cir.) (496 F.3d 188) (August 9, 2007) (Judge Peter W. Hall) by In this case, the district court sua sponte imposed an above-Guidelines sentence, departing 12 months above the highest end of the Guidelines range that it found applicable. As Cole correctly notes, a …

U.S. v. Lence, No. 05-30236 (9th Cir.) (466 F.3d 721) (October 25, 2006) (Judge Diarmuid F. O'Scannlain)

Article • November 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Different Judge

U.S. v. Lence, No. 05-30236 (9th Cir.) (466 F.3d 721) (October 25, 2006) (Judge Diarmuid F. O'Scannlain) by Defendant appealed his 33-month prison sentence, imposed by the United States District Court for the District of Montana following a remand for resentencing under Booker. Defendant's sentence was the third sentence imposed …

U.S. v. Lence, No. 05-30236 (9th Cir.) (455 F.3d 1047) (July 27, 2006) (Judge Diarmuid F. O'Scannlain)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Different Judge

U.S. v. Lence, No. 05-30236 (9th Cir.) (455 F.3d 1047) (July 27, 2006) (Judge Diarmuid F. O'Scannlain) by After attorney and CPA John Lence was convicted for his role in a bank fraud, Montana’s Chief Judge Molloy sentenced him to 24 months. The government appealed the sentence, and the Ninth …

U.S. v. Atondo-Santos, No. 04-10095 (9th Cir.) (385 F.3d 1199) (October 6, 2004) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Atondo-Santos, No. 04-10095 (9th Cir.) (385 F.3d 1199) (October 6, 2004) (Judge Alfred T. Goodwin) by The defendant in this case pled guilty to one count of possession with intent to distribute of 117 pounds of cocaine and one count of importation of cocaine. His Guideline sentencing range …