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U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman) by The central issue before the Court in this case was whether the district court had properly applied the Guidelines’ complicated “grouping rules” contained in U.S.S.G. § 3D1.1-5 in the sentencing of Ricardo …

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker) by The issue before the Court in this case was whether offenses that are similar in nature but arise from discrete circumstances and were committed two years apart can be grouped when sentencing …

U.S. v. Descent, No. 01-14735 (11th Cir.) (292 F.3d 703) (May 28, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Descent, No. 01-14735 (11th Cir.) (292 F.3d 703) (May 28, 2002) (Per Curiam) by Guideline Amendment 634, among other things, added the following application note to USSG § 2S1.1: "In a case in which the defendant is convicted of a count of laundering funds and a count for …

U.S. v. Bartley, No. 98-4317 (4th Cir.) (230 F.3d 667) (October 26, 2000) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Bartley, No. 98-4317 (4th Cir.) (230 F.3d 667) (October 26, 2000) (Judge Diana Gribbon Motz) by Here, over the dissent of Judge Wilkinson, the Court held that to prevent double counting the same offense conduct the district court erred by not grouping the defendant's money laundering charges with …

U.S. v. Fitzgerald, No. 99-1548 (2nd Cir.) (232 F.3d 315) (November 15, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Fitzgerald, No. 99-1548 (2nd Cir.) (232 F.3d 315) (November 15, 2000) (Per Curiam) by In this case the Second Circuit addressed for the first time the question of whether fraud and tax evasion counts should be grouped under the Guidelines. Consistent with the holdings of several other district …

U.S. v. Syrax, No. 99-50753 (9th Cir.) (235 F.3d 422) (December 13, 2000) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Syrax, No. 99-50753 (9th Cir.) (235 F.3d 422) (December 13, 2000) (Judge A. Wallace Tashima) by In this decision, the Ninth Circuit highlighted the growing disagreements among the Circuits on the question of whether money laundering counts should be grouped with other counts of conviction as “closely related …

U.S. v. Green, No. 99-1788 (8th Cir.) (225 F.3d 955) (September 13, 2000) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Green, No. 99-1788 (8th Cir.) (225 F.3d 955) (September 13, 2000) (Judge Robert W. Pratt) by The defendant in this case did not plead guilty to a violation of either concealment or reinvestment money laundering under 18 U.S.C. § 1956, but instead pleaded guilty to a violation of …

U.S. v. McClendon, No. 98-9557 (11th Cir.) (195 F.3d 598) (October 6, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. McClendon, No. 98-9557 (11th Cir.) (195 F.3d 598) (October 6, 1999) (Per Curiam) by In this case the Eleventh Circuit joined a minority of Circuits in holding that the grouping of fraud and money laundering counts is appropriate under U.S.S.G. § 3D1.2(d), listing cases on both sides of …

U.S. v. Rice, No. 98-51054 (5th Cir.) (185 F.3d 326) (August 12, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Rice, No. 98-51054 (5th Cir.) (185 F.3d 326) (August 12, 1999) (Judge Reynaldo G. Garza) by Here the Fifth Circuit held that the district court erred in failing to group the defendant's drug-related counts and his money-laundering counts for sentencing purposes, since it had the effect of impermissibly …

U.S. v. Pitts, No. 97-4616 (4th Cir.) (176 F.3d 239) (May 4, 1999) (Judge Joseph R. Goodwin)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Pitts, No. 97-4616 (4th Cir.) (176 F.3d 239) (May 4, 1999) (Judge Joseph R. Goodwin) by In this case former FBI agent Earl Edwin Pitts pled guilty to one count of conspiracy to commit espionage and one count of attempted espionage in violation of 18 U.S.C.§ 794. On …

U.S. v. Napoli, No. 98-1124 (2nd Cir.) (179 F.3d 1) (April 28, 1999) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Napoli, No. 98-1124 (2nd Cir.) (179 F.3d 1) (April 28, 1999) (Judge Sonia Sotomayor) by Here the Court held that fraud and money laundering counts should not be grouped under USSG § 3D1.2 particularly § 3D1.2(d) because they measure monetary harm differently - a decision that reflects deep …

U.S. v. Vitale, No. 98-5072 (3rd Cir.) (159 F.3d 810) (November 6, 1998) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Vitale, No. 98-5072 (3rd Cir.) (159 F.3d 810) (November 6, 1998) (Judge Dolores K. Sloviter) by The Court held: "This court dealt with a comparable situation in United States v. Astorri, 923 F.2d 1052 (3d Cir. 1991), where defendant, a stockbroker who defrauded various vulnerable investors, pled guilty …

U.S. v. Riddick, No. 97-1367 (3rd Cir.) (156 F.3d 505) (September 25, 1998) (Judge Jane A. Restani)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Riddick, No. 97-1367 (3rd Cir.) (156 F.3d 505) (September 25, 1998) (Judge Jane A. Restani) by Here the Court held that the district court erred by using the Guidelines applicable to CCE offenses (which resulted in 33 years) rather than Guideline applicable to drug offenses near a school …

U.S. v. Williams, No. 97-4296 (6th Cir.) (154 F.3d 655) (September 10, 1998) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Williams, No. 97-4296 (6th Cir.) (154 F.3d 655) (September 10, 1998) (Judge Eugene E. Jr. Siler) by This case is noted for its discussion of the "grouping rules" contained in U.S.S.G. § 3D1.2. As explained in the Introductory Commentary to § 3D, "some offenses that may be charged …

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Grouping

U.S. v. O'Kane, No. 97-3020 (8th Cir.) (155 F.3d 969) (September 9, 1998) (Judge David R. Hansen) by In this case the defendant O'Kane defrauded his employer of over $300,000 worth of baseball cards and used some of his profit from the sale of those cards to purchase various items …

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills) by On a remand from the Seventh Circuit, the court held that the proper Guidelines section for grouping mail fraud and money laundering counts was § 3D1.2(d), not § 3D1.2(b) as the defendant contended.

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Rudolph, No. 96-5716 (3rd Cir.) (137 F.3d 173) (February 23, 1998) (Judge Dolores K. Sloviter) by The defendant in this case was a former INS agent who was convicted of bribery and the sale of false "green cards." One of his challenges to his sentence was that the …

U.S. v. Wilson, No. 97-1626 (7th Cir.) (131 F.3d 1250) (December 22, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Wilson, No. 97-1626 (7th Cir.) (131 F.3d 1250) (December 22, 1997) (Judge Ilana Diamond Rovner) by This is an interesting case that follows a resentencing of the defendant after his earlier 51-month sentence was vacated by the Seventh Circuit in a decision reported at 98 F.3d 281 (7th …

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson) by The Court noted that "the Sentencing Commission has made it clear that possession of the weapon at the site of the offense conduct is not a strict requirement for a sentence …

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by The district court in this case refused to group the defendant's mail fraud and money laundering convictions as closely related counts under U.S.S.G. § 3D1.2, instead applying § 3D1.4, which resulted in …