Search | Punch and Jurists

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer) by The defendant in this case pled guilty to conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute methamphetamine, but asserted that a solution used in producing methamphetamine was improperly …

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)

Article • July 24, 2003

Filed under: Punch And Jurists, Drug Mixtures/Purity

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the defendants were convicted of selling 10 sheets of blotter paper containing 1,000 doses of LSD in violation of 21 U.S.C. § 841(a). Although the LSD alone …

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro) by Congress did not intend to include innocuous substances, such as a wax/flour mixture that looks like crack, within its definition of controlled substance analogues under 21 U.S.C. § 802(32)(A), thus defendants' convictions …

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis) by Here the Court vacated the convictions of three defendants who had pled guilty to a conspiracy to possess and distribute ecstacy, but who actually only sold a harmless mixture of vitamins, since …

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy)

Article • March 12, 2001

Filed under: Punch And Jurists, Drug Mixtures/Purity

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy) by Like its earlier decision in Chapman v. U.S., 500 U.S. 453 (19910, this case also involved the calculation of the weight of LSD for purposes of sentencing. This time the …

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Ochoa-Heredia, No. CR 99-4069-MBW (N.D.Iowa) (125 F.Supp.2d 892) (January 3, 2001) (Judge Mark W. Bennett) by Here the Court analyzed in depth the conflicting law in the Circuits on the issue of whether, in a drug case involving methamphetamine, the district court may include unusable and unmarketable mixtures …

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Cones, No. 99-1292 (7th Cir.) (195 F.3d 941) (October 28, 1999) (Judge Frank H. Easterbrook) by In this drug case the Seventh Circuit reversed as improper a six-level upward departure that had been imposed at sentencing by the district court because of the unusually high purity of the …

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sampson, No. 96-4431 (4th Cir.) (140 F.3d 585) (April 2, 1998) (Judge Diana Gribbon Motz) by Here the Court held that "flex" - a mixture of flour, wax and baking soda - was not a "controlled substance" as defined in 21 U.S.C. § 802(7). In this case, the …

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson) by Case held that alleged unmarketability of mixture containing methamphetamine did not preclude court from including that mixture in the weight of the drugs.

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Sprague, No. 96-10348 (9th Cir.) (135 F.3d 1301) (February 4, 1998) (Judge Barry Ted Moskowitz) by In this case the Court adressed the issue of calculating the weight of drugs by using waste mixtures and materials to increase the defendant's sentence. In the early days of the Guidelines, …

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by Court rejected a claim that the district court erred by attributing to the defendant the full weight of the drugs involved on the grounds that only 0.5% of the mixture was drugs …

U.S. v. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Jackson, No. 95-9558 (11th Cir.) (115 F.3d 843) (June 20, 1997) (Judge Thomas A. Clark) by This is another Guidelines case that raises an issue we haven't seen in a while - namely, whether a defendant is properly sentenced when the court uses the weight of the entire …

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Carter, No. 96-8380 (11th Cir.) (110 F.3d 759) (April 18, 1997) (Per Curiam) by Case held that district court abused its discretion in denying motion for reduction of sentence for a crime involving wet marijuana where there were witnesses who could testify as to weight of dry marijuana. …

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Trujeque, No. 96-2053 (10th Cir.) (100 F.3d 869) (November 18, 1996) (Judge Robert H. Henry) by

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Richards, No. 94-4052 (10th Cir.) (87 F.3d 1152) (June 28, 1996) (Judge Bobby R. Baldock) by The issue before the Court in this case was whether a combination of liquid by-products and methamphetamine constitute a "mixture or substance containing a detectable amount of methamphetamine" for purposes of sentencing …

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Levay, No. 94-20301 (5th Cir.) (76 F.3d 671) (March 4, 1996) (Judge James L. Dennis) by This is another one of those sick cases that exemplifies the Government's stubborn refusal to admit mistakes even though the mistake in question resulted in the imposition of a sentence that was …

U.S. v. Robins, No. 91-50286 (9th Cir.) (967 F.2d 1387) (April 6, 1992) (Judge David R. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Robins, No. 91-50286 (9th Cir.) (967 F.2d 1387) (April 6, 1992) (Judge David R. Thompson) by Calculating the weight of drugs for sentencing purposes. In this case the Court vacated a sentence that had been based on including 2,779 grams of cornmeal with only 1/10th of a gram …