Search | Punch and Jurists

U.S. v. Warnick, No. 01-4364 (4th Cir.) (287 F.3d 299) (April 16, 2002) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Warnick, No. 01-4364 (4th Cir.) (287 F.3d 299) (April 16, 2002) (Judge Karen J. Williams) by Here the Court held that, despite the lack of any reference in USSG § 5C1.2 to offenses under 21 USC § 860, the district court erred in concluding that the defendant did …

U.S. v. Sabbeth, No. 00-1586 (2nd Cir.) (277 F.3d 94) (January 11, 2002) (Judge Jose A. Cabranes)

Article • February 1, 2002 • from P&J December, 2001

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Sabbeth, No. 00-1586 (2nd Cir.) (277 F.3d 94) (January 11, 2002) (Judge Jose A. Cabranes) by United States v. Sabbeth, 277 F.3d 94 (2nd Cir. 2002) (Judge Cabranes) United States v. McIntosh, 280 F.3d 479 (5th Cir. 2002) (Judge Barksdale) In both of these cases, and for substantially …

U.S. v. McIntosh, No. 00-50966 (5th Cir.) (280 F.3d 479) (January 16, 2002) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. McIntosh, No. 00-50966 (5th Cir.) (280 F.3d 479) (January 16, 2002) (Judge Rhesa Hawkins Barksdale) by United States v. Sabbeth, 277 F.3d 94 (2nd Cir. 2002) (Judge Cabranes) United States v. McIntosh, 280 F.3d 479 (5th Cir. 2002) (Judge Barksdale) In both of these cases, and for substantially …

U.S. v. Gracia, No. 00-2946 (7th Cir.) (272 F.3d 866) (November 19, 2001) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Gracia, No. 00-2946 (7th Cir.) (272 F.3d 866) (November 19, 2001) (Judge Harlington Jr. Wood) by The defendant in this case was one of a number of inmate incarcerated at the Federal penitentiary in Greenville, Illinois who were convicted of a number of bank fraud, wire fraud and …

U.S. v. Adams, No. 00-3411 (10th Cir.) (271 F.3d 1236) (November 27, 2001) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Offer of Proof

U.S. v. Adams, No. 00-3411 (10th Cir.) (271 F.3d 1236) (November 27, 2001) (Judge Paul J. Jr. Kelly) by This case is noted for its extended discussion of the purpose, different types and adequacy of offers of proof under Fed.R.Evid. 103(a)(2). In reviewing the standards that apply to an offer …

U.S. v. Kosmel, No. 00-4294 (7th Cir.) (272 F.3d 501) (November 29, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Kosmel, No. 00-4294 (7th Cir.) (272 F.3d 501) (November 29, 2001) (Judge Joel L. Flaum) by Here the 7th Circuit concluded that even though the Sentencing Commission had subsequently proposed an amendment to tie money laundering more closely to the underlying offense, it declined to give any weight …

U.S. v. Smith, No. 00-3129 (D.C. Cir.) (267 F.3d 1154) (October 30, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Smith, No. 00-3129 (D.C. Cir.) (267 F.3d 1154) (October 30, 2001) (Judge Harry T. Edwards) by The defendant in this case, a government employee in the District of Columbia, was accused of steering clients to a Medicaid facility in exchange for various benefits. He was convicted at trial …

U.S. v. Buckowich, No. 99-4105 (7th Cir.) (243 F.3d 1081) (March 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Buckowich, No. 99-4105 (7th Cir.) (243 F.3d 1081) (March 22, 2001) (Judge Frank H. Easterbrook) by This case involved a defendant who argued that the court should disregard her conviction for money laundering on the grounds that it was atypical money laundering conduct; and that her sentence should …

U.S. v. Diaz, No. 00-3168 (3rd Cir.) (245 F.3d 294) (March 30, 2001) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Diaz, No. 00-3168 (3rd Cir.) (245 F.3d 294) (March 30, 2001) (Judge Jane R. Roth) by This case is noted for its extended discussion of Guideline Amendment 591, which became effective on November 1, 2000, and which is significant because it changed the method of determining the proper …

U.S. v. Cefaratti, No. 99-3455 (3rd Cir.) (221 F.3d 502) (August 14, 2000) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Cefaratti, No. 99-3455 (3rd Cir.) (221 F.3d 502) (August 14, 2000) (Judge Dolores K. Sloviter) by Here the Court rejected a claim that the district court had erred by sentencing the defendant under USSG § 2S1.2 for a money laundering conviction under 18 USC § 1957 on the …

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by United States v. Ford, 184 F.3d 566 (6th Cir. 1999) (Judge Gibson) United States v. Smith, 186 F.3d 290 (3rd Cir. 1999) (Judge Weiss) Both of these cases deal with one of …

U.S. v. Smith, No. 98-6377 (3rd Cir.) (186 F.3d 290) (August 9, 1999) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Smith, No. 98-6377 (3rd Cir.) (186 F.3d 290) (August 9, 1999) (Judge Joseph F. Jr. Weis) by United States v. Ford, 184 F.3d 566 (6th Cir. 1999) (Judge Gibson) United States v. Smith, 186 F.3d 290 (3rd Cir. 1999) (Judge Weiss) Both of these cases deal with one …

U.S. v. Woods, No. 98-1884WM (8th Cir.) (159 F.3d 1132) (November 5, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Woods, No. 98-1884WM (8th Cir.) (159 F.3d 1132) (November 5, 1998) (Judge Richard S. Arnold) by In this case the Eighth Circuit affirmed the district court's downward departure, achieved by the court's refusal to apply the severe money laundering Guidelines to a defendant, because the Court did not …

U.S. v. Partlow, No. 97-50617 (9th Cir.) (159 F.3d 1218) (November 18, 1998) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Application Instructions

U.S. v. Partlow, No. 97-50617 (9th Cir.) (159 F.3d 1218) (November 18, 1998) (Judge Edward Leavy) by The Court emphasized that § 1B1.1(b) requires the sentencing court to "determine the base offense level and apply any specific offender characteristics . . . Contained in the particular guideline in Chapter Two …

U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith) by This is one of those illegal campaign contribution prosecutions by the Office of Independent Counsel which shows how the Government continues to fight to expand the parameters of the high-penalty money laundering …

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Casey, No. 97-4222 (8th Cir.) (158 F.3d 993) (October 21, 1998) (Judge C. Arlen Beam) by In this case the Court explored the meaning of "atypical case" as used in USSG § 1B1.2(a) and, while it held that this was not an "atypical case", it also held that …

U.S. v. Arce, No. 96-20983 (5th Cir.) (118 F.3d 335) (July 18, 1997) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Information - Use of

U.S. v. Arce, No. 96-20983 (5th Cir.) (118 F.3d 335) (July 18, 1997) (Judge Carolyn Dineen King) by This is one of the rare cases that discusses the broad reach of § 1B1.4. The defendant in this case received an upward sentence departure in large part because the court considered, …

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Clay, No. 96-5017 (6th Cir.) (117 F.3d 317) (June 27, 1997) (Judge Allen E. Norris) by For a well-reasoned contrary view, see U.S. v. Saavedra, 148 F.3d 1311 (11th Cir. 1998). Here the Court held that in determining the offense guideline, a sentencing court may properly consider the …

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner) by Judge Gertner never disappoints. In this decision she again shows that a thoughtful and concerned judge can still exercise a great deal of discretion under the Guidelines. Here, the defendant was found guilty of …

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (96 F.3d 637) (September 25, 1996) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Versaglio, No. 95-1238, No. 509 (2nd Cir.) (96 F.3d 637) (September 25, 1996) (Judge Jon O. Newman) by After two prior panels disagreed on proper Guideline for criminal contempt under 18 U.S.C. § 401, Court reconciled two decisions by holding that appropriate guideline was for misprision of felony, …