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Article • May 1, 2001 • from P&J May, 2001
U.S. v. Buckendahl, No. 00-1001 (8th Cir.) (251 F.3d 753) (May 31, 2001) (Judge C. Arlen Beam) by This is another of a number of recent cases that have considered whether significant sentencing disparities resulting from different sentencing practices and charging decisions of the U.S. Attorneys Offices can constitute a …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Armenta-Castro, No. 99-4155 (10th Cir.) (227 F.3d 1255) (September 12, 2000) (Judge Michael R. Murphy) by
Article • June 1, 2000 • from P&J June, 2000
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (215 F.3d 969) (June 14, 2000) (Judge Susan P. Graber) by In this case, a divided en banc Court reversed a panel’s previous decision (reported at 173 F.3d 741 (9th Cir. 1999) (See P&J, 4/19/99) (Banuelos I), and held that significant differences in …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Bonnet-Grullon, No. 99-1321(L) (2nd Cir.) (212 F.3d 692) (May 12, 2000) (Judge Amalya Lyle Kearse) by In this case the Second Circuit held that a district court, when sentencing a defendant on a charge of illegally re-entering the country after being deported following a conviction for an aggravated …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Martinez-Ramos, No. 98-50536 (9th Cir.) (184 F.3d 1055) (July 29, 1999) (Judge Pamela Ann Rymer) by Here the Court affirmed it decision in U.S. v. Banuelos-Rodriguez, 173 F.3d at 742, that a district court has the authority under the Guidelines to grant a sentencing departure based on a …
Article • April 1, 1999 • from P&J April, 1999
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (173 F.3d 741) (April 6, 1999) (Judge Harry Pregerson) by This is a significant decision which addresses a growing problem, but one which is rarely addressed - namely, the differences in the plea bargaining policies of prosecutors’ offices all across the country. In …
Article • December 1, 1998 • from P&J December, 1998
U.S. v. Jones, No. 97-2176 (8th Cir.) (160 F.3d 473) (November 17, 1998) (Judge Roger L. Wollman) by Here the 8th Circuit endorsed the broad use of downward departures almost as a type of prophylatic remedy to deal with prosecutorial misconduct that was not serious enough to justify reversal of …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Snyder, No. CR. No. 95-10200-EFH (D.Mass.) (954 F.Supp. 19) (January 14, 1997) (Judge Edward F. Harrington) by Noteworthy quote from Judge Harrington in which he criticized the "unbridled power, unchecked by judicial scrutinity" which enables prosecutors to impose grossly disproportionate sentences by virtue of their charging decisions. QUOTE …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Snyder, No. CR. No. 95-10200-EFH (D.Mass.) (954 F.Supp. 19) (January 14, 1997) (Judge Edward F. Harrington) by This decision is actually an extraordinary sentencing memorandum written by a courageous judge who plaintively cries out once again for some sanity in the sentencing practices that exist. In this case, …