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U.S. v. MacPherson, No. 08-1829-cr (CON) (2nd Cir.) (590 F.3d 215) (December 30, 2009) (Per Curiam)

Article • March 8, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Pimentel Letters

U.S. v. MacPherson, No. 08-1829-cr (CON) (2nd Cir.) (590 F.3d 215) (December 30, 2009) (Per Curiam) by In this case, the defendant argued that the government violated a Pimentel-like non-binding plea agreement by advocating for a sentence higher than the estimate contained in the agreement. In the majority opinion, the …

U.S. v. Allen, No. 07 Cr. 235 (SAS) (S.D.N.Y.) (550 F.Supp.2d 494) (April 30, 2008) (Judge Shira A. Scheindlin)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Pimentel Letters

U.S. v. Allen, No. 07 Cr. 235 (SAS) (S.D.N.Y.) (550 F.Supp.2d 494) (April 30, 2008) (Judge Shira A. Scheindlin) by In U.S. v. Pimentel, 932 F.2d 1029 (2nd Cir. May 2, 1991), the Second Circuit sharply criticized a plea-bargaining tactic used by many prosecutors that had the effect of sand-bagging, …

U.S. v. Eschman, No. 00-1395 (7th Cir.) (227 F.3d 886) (September 14, 2000) (Judge Ann Claire Williams)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Eschman, No. 00-1395 (7th Cir.) (227 F.3d 886) (September 14, 2000) (Judge Ann Claire Williams) by

U.S. v. Scheele, No. 99-30388 (9th Cir.) (231 F.3d 492) (November 2, 2000) (Judge Stephen Reinhardt)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Scheele, No. 99-30388 (9th Cir.) (231 F.3d 492) (November 2, 2000) (Judge Stephen Reinhardt) by This case presents a compelling argument for the minority view among the Circuits that there are burden of proof limits on the uninhibited use of "judicial estimates" when determining the amount of drugs …

U.S. v. Payne, No. 99-3458 (7th Cir.) (226 F.3d 792) (September 1, 2000) (Judge Ilana Diamond Rovner)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Payne, No. 99-3458 (7th Cir.) (226 F.3d 792) (September 1, 2000) (Judge Ilana Diamond Rovner) by

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Garcia-Sanchez, No. 97-30157 (9th Cir.) (189 F.3d 1143) (September 3, 1999) (Judge Alfred T. Goodwin) by Here the Court held that in order to determine the appropriate sentence for a member of a conspiracy the court must make an individualized assessment of the defendant's agreement with the conspiracy. …

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Johnson, No. 98-2517 (7th Cir.) (185 F.3d 765) (July 16, 1999) (Judge Diane P. Wood) by This case deals with a common sentencing problem: How does one fight the prevalent practice of using “estimates” or “averages” at sentencing hearings to determine the amount of drugs, or money, or …

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Flowal, No. 97-5412 (6th Cir.) (163 F.3d 956) (December 29, 1998) (Judge Damon J. Keith) by Here the Court remanded a drug case for resentencing because the weight of the drugs adopted by the district court required the imposition of a life sentence - whereas 11 grams less …

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum) by In this case a large number of drug sales were at issue, there was evidence befoire the court about the typical purity of the drug in question, and a sample of six …

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong)

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

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. August, No. 95-30220 (9th Cir.) (86 F.3d 151) (June 11, 1996) (Judge Saundra Brown Armstrong) by

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. CR 92-0007 (E.D.N.Y.) (895 F.Supp. 460) (August 4, 1995) (Judge Jack B. Weinstein) by Following a remand from the Second Circuit in a case reported at 998 F.2d 84, Judge Weinstein took pains to justify his methodology for attributing large quantities of drugs to the defendants …

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum)

Article • January 1, 1995

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Henderson, No. 94-3324 (7th Cir.) (58 F.3d 1145) (June 20, 1995) (Judge Joel L. Flaum) by In rendering its decision, the Court warned that "at some point a court's estimation will seem less like a restrained approximation and more like unsupported evidence." (Id., at 1152). Here the Court …

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Shonubi, No. 92-1607, No. 1307 (2nd Cir.) (998 F.2d 84) (June 30, 1993) (Judge Richard J. Cardamone) by In this case, the defendant, Shonubi, had made eight trips to Nigeria for the purpose of obtaining heroin to import into the United States. On the day he was caught, …

U.S. v. Pimentel, No. 90-1537 (2nd Cir.) (932 F.2d 1029) (May 2, 1991) (Judge James L. Oakes)

Article • January 1, 1994

Filed under: Punch And Jurists, Pimentel Letters

U.S. v. Pimentel, No. 90-1537 (2nd Cir.) (932 F.2d 1029) (May 2, 1991) (Judge James L. Oakes) by In this case, two defendants who had been arrested after trafficking one kilogram of cocaine were convicted of a narcotics conspiracy. According to § 2D1.4 of the November 1989 revision of the …

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya)

Article • January 1, 1994

Filed under: Punch And Jurists, Estimates/Averages - Use of

U.S. v. Sepulveda, No. 92-1362 (1st Cir.) (15 F.3d 1161) (December 20, 1993) (Judge Bruce M. Selya) by In this case a witness had testified that he made approximately 80 drug-buying trips. The smallest amount of drugs he recalled buying was four ounces, or about 110 grams, and the largest …