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U.S. v. Cota-Luna, No. 17-3692 (6th Cir.) (891 F.3d 639) (June 4, 2018) (Judge Eric L. Clay)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists, Type C Plea Agreement
U.S. v. Cota-Luna, No. 17-3692 (6th Cir.) (891 F.3d 639) (June 4, 2018) (Judge Eric L. Clay) by This is a rare case in which the Court held that the District Court (District Judge John R. Adams of the N.D.Ohio) had abused its discretion in rejecting a Type-C plea agreement …
Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Based on a sentencing range subsequently lowered by the Sentencing Commission
Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito) by In the Spring of 2014, the U.S. Sentencing Commission submitted to Congress its much ballyhooed sentence reduction program for drug trafficking offenders by changing how the base offense levels in …
Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Type C Plea Agreement
Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy) by In 2013, Erik Hughes was indicted for conspiracy with intent to distribute at least 500 grams of methamphetamine and being a felon in possession of a firearm. Although Hughes’s Guideline …
U.S. v. Quintanilla, No. 16-50677 (5th Cir.) (868 F.3d 315) (August 16, 2017) (Per Curiam)
Article • October 30, 2017 • from P&J October, 2017
Filed under: Punch And Jurists, Based on a sentencing range subsequently lowered by the Sentencing Commission
U.S. v. Quintanilla, No. 16-50677 (5th Cir.) (868 F.3d 315) (August 16, 2017) (Per Curiam) by On April 30, 2014, the U.S. Sentencing Commission voted to lower the drug quantity table by two offense levels, effective as of November 1, 2014; and that quickly became known as the “drugs minus …
U.S. v. Paredes, No. 15-CR-436 (JBW) (E.D.N.Y.) (185 F.Supp.3d 287) (May 5, 2016) (Judge Jack B. Weinstein)
Article • June 13, 2016 • from P&J June, 2016
Filed under: Punch And Jurists, Disagreement With
U.S. v. Paredes, No. 15-CR-436 (JBW) (E.D.N.Y.) (185 F.Supp.3d 287) (May 5, 2016) (Judge Jack B. Weinstein) by Here Judge Weinstein took sharp issue with a specific Guideline Amendment which included all infractions for driving while ability impaired as part a defendant's criminal history and rejected that approach as likely …
Alli-Balogun v. U.S., No. 92-CR-1108 (2nd Cir.) (114 F.Supp.3d 4) (July 15, 2015) (Judge Jack B. Weinstein)
Article • August 3, 2015 • from P&J August, 2015
Filed under: Punch And Jurists, "Drugs Minus Two"
Alli-Balogun v. U.S., No. 92-CR-1108 (2nd Cir.) (114 F.Supp.3d 4) (July 15, 2015) (Judge Jack B. Weinstein) by This 77-page decision is an important ruling involving the interplay between (a) motions for a sentence reduction in certain drug cases pursuant to 18 U.S.C. § 3582(c)(2), and (b) Guideline Amendment 782, …
U.S. v. Heredia, No. 12-50331 (9th Cir.) (768 F.3d 1220) (October 8, 2014) (Judge Kim McLane Wardlaw)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Type C Plea Agreement
U.S. v. Heredia, No. 12-50331 (9th Cir.) (768 F.3d 1220) (October 8, 2014) (Judge Kim McLane Wardlaw) by Not only is this decision an excellent, up-to-date survey of the state of the law involving the now well established practice of using “fast track” plea agreements in the prosecution of illegal …
Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam)
Article • March 1, 2009 • from P&J March, 2009
Filed under: Punch And Jurists, Guideline Amendment
Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam) by In conviction for one count of conspiracy to possess with intent to distribute and to distribute an unspecified quantity of cocaine, denial of petition to reduce imprisonment pursuant to 18 U.S.C. § 3582(c)(2) is …