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U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch) by Here the Court addressed the proper method of determining whether to apply the fencing enhancement for being “in the business of receiving and selling stolen property,” as provided in U.S.S.G. § …

U.S. v. Maung, No. 00-10296 (11th Cir.) (267 F.3d 1113) (September 25, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Maung, No. 00-10296 (11th Cir.) (267 F.3d 1113) (September 25, 2001) (Judge Edward E. Carnes) by This case is noted for its detailed review of the law relating to the so-called “fencing enhancement” contained in U.S.S.G. § 2B6.1(b)(2) (a provision that deals with Motor Vehicle Identification Numbers). Under …

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Coviello, No. 99-1756 (1st Cir.) (225 F.3d 54) (September 7, 2000) (Judge Kermit A. Lipez) by Here the Court affirmed the use of the so-called "fencing enhancement" under USSG § 2B1.1(b)(4)(B) - for being in the business of receiving and selling stolen property - even where the business …

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Myers, No. 98-60775 (5th Cir.) (198 F.3d 160) (December 9, 1999) (Judge Reynaldo G. Garza) by In affirming a four-level enhancement under the "fencing enhancement" provisions of U.S.S.G. § 2B1.1(b)(4)(B), the Court stated that such an enhancement "is intended as a 'punishment for fences, people who buy and …

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (142 F.3d 160) (April 21, 1998) (Judge Jane R. Roth) by This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB …

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB …

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Collins, No. 96-2475 (8th Cir.) (104 F.3d 143) (January 9, 1997) (Judge Diana E. Murphy) by "There is sufficient support in the record for the district court's decision to impose the four level increase under U.S.S.G. SS 2B1.1(b)(4)(B). Truman's Auction in Tallequah Oklahoma was a business which received …

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Payseno, No. 96-2390 (8th Cir.) (104 F.3d 191) (January 8, 1997) (Judge Diana E. Murphy) by Here the Court affirmed the imposition of a fencing enhancement under § 2B1.1(b)(4)(B) because the Court found that the defendant received and sold stolen goods for profit over an extended period of …

U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. McMinn, No. 96-1592 (1st Cir.) (103 F.3d 216) (January 13, 1997) (Judge Conrad K. Cyr) by This decision considered the so-called "in the business of receiving and selling stolen property" ("ITB") enhancement contained in § 2B1.1(b)(4)(B). The defendant argued that it was error for the district court to …

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Sutton, No. 95-40184 (5th Cir.) (77 F.3d 91) (February 16, 1996) (Judge Harold R. Jr. DeMoss) by In this case the court discusses the "in the business" enhancement in the context of the defendant's claim that the enhancement only applies to "professional fences whose lifetime vocation involves the …