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Article • March 1, 2007 • from P&J March, 2007
U.S. v. Clay, No. 06-10088 (11th Cir.) (483 F.3d 739) (April 3, 2007) (Judge William H. Jr. Pryor) by John Clay was convicted at trial of possession of pseudoephedrine, with reasonable cause to believe it would be used in the manufacture of methamphetamine. He was also acquitted of a more …
Article • July 1, 2005 • from P&J July, 2005
U.S. v. Hawkins, No. 02-CR-563 (JBW) (E.D.N.Y.) (380 F.Supp.2d 143) (August 8, 2005) (Judge Jack B. Weinstein) by It always amuses us how badly the Second Circuit underestimates the tenacity and the depth of conviction of Judge Jack Weinstein, perhaps the most legendary figure in the American judicial system today. …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold) by Here the Court categorically held that a district court may grant a downward departure in cases where the defendant has exhibited truly exceptional rehabilitation, even when the defendant does not accept responsibility …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Craven, No. 02-1706 (1st Cir.) (358 F.3d 11) (February 6, 2004) (Judge Jeffrey R. Howard) by Defendant's refraining from drug use and drug sales for a period of nearly two years prior to his arrest did not constitute "extraordinary rehabilitation," particularly in light of his disruptive and sometimes …
Article • March 1, 2001 • from P&J March, 2001
U.S. v. Craven, No. 00-1740 (1st Cir.) (239 F.3d 91) (February 6, 2001) (Judge Bruce M. Selya) by Here the Court observed that downward departures for presentence rehabilitation are "hen's teeth rare, and our precedent makes clear that such departures should be granted sparingly". One of the issues addressed in …