Search | Punch and Jurists

U.S. v. Amedeo, No. 03-11252 (11th Cir.) (370 F.3d 1305) (May 28, 2004) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Amedeo, No. 03-11252 (11th Cir.) (370 F.3d 1305) (May 28, 2004) (Judge Norman H. Stahl) by Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to 216 months of imprisonment and eight years of supervised release after he pleaded …

U.S. v. Jarvis, No. 00-1514 (3rd Cir.) (258 F.3d 235) (July 19, 2001) (Judge Julio M. Fuentes)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Jarvis, No. 00-1514 (3rd Cir.) (258 F.3d 235) (July 19, 2001) (Judge Julio M. Fuentes) by In this case, the Third Circuit gave a broad and far-reaching interpretation of the conditions under which a district court may impose an upward departure at sentencing because a victim has suffered …

U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye) by Here the Court held that a defendant's mental illness, psychological condition, substantive abuse, or other ameliorative conditions are irrelevant to a district court's order of an upward departure based on extreme …

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Paster, No. 98-7270 (3rd Cir.) (173 F.3d 206) (April 19, 1999) (Judge Louis F. Oberdorfer) by Here the court remanded for further findings a case where the district court imposed a nine-level upward departure for extreme conduct for consideration of "proportionality" concerns raised by the coincidence of 1st …

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Davis, No. 96-5895 (6th Cir.) (170 F.3d 617) (March 22, 1999) (Judge Paul D. Borman) by This telemarketing fraud case is noted for several sentencing issues. Six defendants were charged with multiple counts of telemarketing fraud. Four of them pled guilty and were sentenced in accordance with the …

U.S. v. Jacobs, No. 97-5786 (3rd Cir.) (167 F.3d 792) (February 8, 1999) (Judge William M. Hoeveler)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Jacobs, No. 97-5786 (3rd Cir.) (167 F.3d 792) (February 8, 1999) (Judge William M. Hoeveler) by In this case the Third Circuit vacated a five level enhancement under USSG § 5K2.3 for inflicting extreme psychological injury on the grounds that the district court did not determine that the …

U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Morrison, No. 97-1370 (2nd Cir.) (153 F.3d 34) (August 13, 1998) (Judge James L. Oakes) by In this case, the Court held that a district court "was not required to grant the defendant's request for a hearing at which to cross-examine his victims in order to show that …

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by One of the issues addressed in this case was whether the enhancements permitted under U.S.S.G. § 5K2.3 (Extreme Psychological Injury) could be applied to take into account the psychological impact on the …

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Achiekwelu, No. 95-5765 (4th Cir.) (112 F.3d 747) (May 1, 1997) (Judge Francis D. Jr. Murnaghan) by Court agreed with the district court's assessment that "the intricacy and sophistication of [the defendant's] scheme were substantially in excess of the typcial fraud case that involves 'more than minimal planning'.". …

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hairston, No. 95-5771 (4th Cir.) (96 F.3d 102) (September 16, 1996) (Judge Diana Gribbon Motz) by Case held that while departures based on the extraordinary complexity of defendant's fraud are rare, they are proper if "present to such an exceptional degree that it cannot be characterized as typical …

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Neadle, No. 94-7417 (3rd Cir.) (72 F.3d 1104) (December 19, 1995) (Judge Jane R. Roth) by Court vacated upward departure based on psychological injury to victims and based on unsupported judicial conclusion that defendant's acts constributed to destruction of reputation of insurance companies.

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Price, No. 94-6141 (11th Cir.) (65 F.3d 903) (September 29, 1995) (Per Curiam) by Court held that district court did not clearly err when it imposed an upward departure based on extreme psychological injury to victims.

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court affirmed a sentence enhancement for extreme conduct and extreme pyschological injury even though the jury acquitted the defendant was acquitted of the counts that could have given rise to such injury.

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen)

Article • July 1, 1995

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Johnson, No. 94-2958 (8th Cir.) (56 F.3d 947) (June 8, 1995) (Judge David R. Hansen) by In this carjacking case, the Court held that an upward departure of 180 months (increasing defendant's sentence to 1,253 months) for unusually heinous conduct was not an abuse of discretion.

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Bond, No. 92-2266 (6th Cir.) (22 F.3d 662) (April 22, 1999) (Judge Richard F. Suhrheinrich) by Here the district court departed because it felt that the guidelines did not account properly for the extreme degree of brutality displayed by the defendants or the mental anguish suffered by the …

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang)

Article • January 1, 1994

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Hoyungowa, No. 89-10485 (9th Cir.) (930 F.2d 744) (April 16, 1991) (Judge Thomas Tang) by Case held that § 5K2.3 applies "only to the direct victim of a crime and not to others affected by the crime, such as the [direct victims'] family." (Id., at 747).