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Article • September 1, 1999 • from P&J September, 1999
U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides) by Here the Court affirmed a six-level enhancement for disruption of governmental function under USSG § 5K2.7, based on a gambling license application which failed to disclose several ownership interests, because it shielded …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Gunby, No. 94-8334 (11th Cir.) (112 F.3d 1493) (May 22, 1997) (Judge Gerald B. Tjoflat) by Here the Court stated: "Because an abuse of public trust and the disruption of a governmental function are analytically distinct, a sentencing court can apply sections 3B1.3 and 5K2.7 simultaneously. See, e.g., …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Baird, No. 96-1342 (3rd Cir.) (109 F.3d 856) (March 19, 1997) (Judge Edward R. Becker) by This decision is probably the Granddady of cases dealing with a disruption of a Governmental function - although it is also noted because it deals extensively with the issue of whether a …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Horton, No. 95-3708 (7th Cir.) (98 F.3d 313) (October 21, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case pled guilty to making a bomb threat against a Federal building (in violation of 18 U.S.C. § 844(e)) - one day after a bomb destroyed the Alfred …
Article • June 1, 1995
U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by Court affirmed an upward departure in this Medicaid case under § 5K2.7 because the defendants not only disrupted the efficient administration of Medicaid, it also undermined the public's confidence in government.