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U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons)

Article • March 7, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons) by This case presented a rather convoluted question regarding whether U.S.S.G. §1B1.10(b)(2) permits a defendant, who originally received a below-guidelines sentence attributable to both assistance and non-assistance factors, to receive a subsequent sentence …

U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton)

Article • October 29, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Poverty of the Defendant

U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton) by This amended decision raises (but virtually ignores) lots of interesting questions about whether the district court imposed a significantly higher sentence on the defendant because he could not pay any restitution to …

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Winebarger, No. 11-1905 (3rd Cir.) (664 F.3d 388) (December 23, 2011) (Judge Marjorie O. Rendell) by There are three different provisions of the law that relate to sentence reductions based on a defendant’s cooperation with - or “substantial assistance to” - the Government, namely: ∙ U.S.S.G. § 5K1.1 …

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher) by When considering a departure for post-sentence substantial assistance, the district court may consider other factors in order to ensure that the sentence ultimately imposed accords with the purposes of sentencing that Congress …

U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons)

Article • January 24, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Grant, No. 07-3831 (6th Cir.) (636 F.3d 803) (January 11, 2011) (Judge Julia Smith Gibbons) by Here a divided en banc court debated, but did not fully resolve, the issue of whether and to what extent a district court may consider factors beyond substantial assistance in ruling on …

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner) by In addition to sentence reductions for substantial assistance based on U.S.S.G. § 5K1.1, Rule 35(b)of the Fed.R.Crim.P. addresses two other types of Government motions to reduce a defendant’s sentence based upon substantial …

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Burns, No. 04-2901 (8th Cir.) (577 F.3d 887) (August 20, 2009) (Judge Roger L. Wollman) by Here, on remand from the Supreme Court, the Eighth Circuit finally approved as “not substantively unreasonable” a downward departure under U.S.S.G. 5K1.1 far beyond what the prosecutors had requested for the defendant’s …

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Grant, No. 07-3831 (6th Cir.) (567 F.3d 776) (June 9, 2009) (Judge Gilbert S. Merritt) by Here a divided panel held that, when considering a Government motion to reduce a defendant’s sentence pursuant to Fed.R.Crim.P. 35(b), the district court may consider factors beyond just the defendant’s substantial assistance. …

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby) by U.S. v. Poland, 533 F.Supp.2d 199 (D.Me. Feb. 4, 2008) (Judge Hornby) U.S. v. Park, 533 F.Supp.2d 474 (S.D.N.Y. Feb. 11, 2008) (Judge Chin) On December 1, 2007, Rule 35(b)(1) of the Fed.R.Crim.P. …

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin) by Here Judge Chin of the S.D.N.Y. ruled that amended Rule 35(b)(1) of the Fed.R.Crim.P. now permits a sentencing court to enlarge a sentence reduction based on factors unrelated to the …

U.S. v. Doe, No. 02-50445 (9th Cir.) (351 F.3d 929) (December 9, 2003) (Judge James C. Mahan)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Doe, No. 02-50445 (9th Cir.) (351 F.3d 929) (December 9, 2003) (Judge James C. Mahan) by This case addresses the scope of permissible factors that may be considered by a court in deciding whether to grant a Government motion to reduce a sentence pursuant to Rule 35(b) of …

U.S. v. Ahlers, No. 01-2570 (1st Cir.) (305 F.3d 54) (September 30, 1992) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Ahlers, No. 01-2570 (1st Cir.) (305 F.3d 54) (September 30, 1992) (Judge Bruce M. Selya) by In this case the Court held that a Government motion, pursuant to U.S.S.G. § 5K1.1, for a downward departure to reflect a defendant's substantial assistance does not remove the constraint of a …

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by Here the Court held that, while there are no limitations on what factors a court may consider in deciding not to grant a Rule 35(b) sentence reduction, the only factor it may consider in …