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U.S. v. Martinez, No. 10CR3576-LAB (S.D.Cal.) (126 F.Supp.3d 1179) (August 21, 2015) (Judge Larry Alan Burns)
Article • July 11, 2016 • from P&J July, 2016
Filed under: Punch And Jurists, Guideline Amendment 782
U.S. v. Martinez, No. 10CR3576-LAB (S.D.Cal.) (126 F.Supp.3d 1179) (August 21, 2015) (Judge Larry Alan Burns) by This decision is noted as a good example of the problems inmates face with retroactive sentence reductions under Guideline Amendment 782; here the defendant received a 1 month sentence reduction on his 120 …
U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman)
Article • November 1, 2010
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman) by Defendant's sentence for various firearms and narcotics offenses is affirmed where the sentence did not violate the Ex Post Facto Law clause because defendant’s sentencing range under the unamended Sentencing Guidelines would …
U.S. v. Morgan, No. 02-50603 (9th Cir.) (376 F.3d 1002) (July 23, 2004) (Judge Susan P. Graber)
Article • August 1, 2004 • from P&J August, 2004
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Morgan, No. 02-50603 (9th Cir.) (376 F.3d 1002) (July 23, 2004) (Judge Susan P. Graber) by Defendant challenged her convictions by the United States District Court for the Central District of California on charges of bank fraud and making false statements to a federally insured financial institution. Co-defendant …
U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien)
Article • August 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien) by Here the Court held that Guideline Amendment 632, which replaced the 16-level increase in offense level previously mandated for illegal reentry defendants with aggravated felonies with an 8 to 16 level increase …
U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Hasan, No. 99-2102 (8th Cir.) (205 F.3d 1072) (February 29, 2000) (Judge George G. Fagg) by In this decision, a divided Eighth Circuit panel affirmed Judge Kopf's earlier decision, reported at 41 F.Supp.2d 1004 (D.Neb. 1999), which was reviewed in the 6/21/99 issue of P&J. Essentially, in that …
U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf) by The Court held that when a defendant appeals a sentence based on a retroactive amendment to the Guidelines, the court has the authority to consider a downward departure based on new circumstances, such …
U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch) by In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended …
U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Jordan, No. 98-1113 (1st Cir.) (162 F.3d 1) (November 25, 1998) (Judge Sandra L. Lynch) by In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended …
Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
Jones v. U.S., No. 97-5202 (6th Cir.) (161 F.3d 397) (November 30, 1998) (Judge R. Guy Jr. Cole) by In this case, almost one year after the defendant's sentencing, the Sentencing Commission issued Amendment 500 which amended the application notes to § 3B1.1. According to the Commission, the amendment "clarifies" …
U.S. v. Comstock, No. 97-4399 (8th Cir.) (154 F.3d 845) (September 3, 1998) (Judge David R. Hansen)
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Comstock, No. 97-4399 (8th Cir.) (154 F.3d 845) (September 3, 1998) (Judge David R. Hansen) by Case held that the sentencing court's use of a subsequent version of the Guidelines, rather than the version in effect when the defendant committed his crime, violated the Ex Post Facto Clause …
U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Vautier, No. 96-2256 (11th Cir.) (144 F.3d 756) (June 24, 1998) (Judge Frank May Hull) by Case held that a sentencing court's power to reduce a sentence based on a Guideline Amendment is discretionary. After the defendant filed to motion to have his sentence reduced on the basis …
U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Marmolejos, No. 96-1735 (3rd Cir.) (140 F.3d 488) (April 2, 1998) (Judge Marjorie O. Rendell) by At issue in this case was Guideline Amendment 518 which became effective on November 1, 1995 and whether that Amendment merely clarified, or substantively changed, the method of calculating the weight or …
U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken)
Article • March 1, 1998 • from P&J March, 1998
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Mihm, No. 97-1535 (8th Cir.) (134 F.3d 1353) (January 27, 1998) (Judge James B. Loken) by The issue in this case was whether a defendant, who qualified for a resentencing under the retroactive application of Guideline Amendment 516 (dealing with the weight of marijuana plants), was also eligible …
U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld)
Article • December 1, 1997 • from P&J December, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Stockdale, No. 96-30199 (9th Cir.) (126 F.3d 1066) (November 20, 1997) (Judge Andrew J. Kleinfeld) by Case held that a defendant is not entitled to retroactive application of the safety valve provisions of the law when he is resentenced due to amendments to the drug weight equivalency tables.
U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Wyatt, No. 96-1830 (8th Cir.) (115 F.3d 606) (June 9, 1997) (Judge David R. Hansen) by This case reviews an important factor that must be considered by the courts when a defendant makes a motion for a sentence reduction after the Sentencing Commission has subsequently lowered the penalties …
U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Coleman, No. 93-00011-05-CR-W-9-6 (W.D.Mo.) (958 F.Supp. 452) (March 27, 1997) (Judge Howard F. Sachs) by The defendant in this case was a mere 21 years old at the time of his sentencing; and he received a sentence of life imprisonment for an assortment of drug charges. After his …
U.S. v. Cothran, No. 96-8191 (11th Cir.) (106 F.3d 1560) (March 11, 1997) (Judge James C. Hill)
Article • March 1, 1997 • from P&J March, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Cothran, No. 96-8191 (11th Cir.) (106 F.3d 1560) (March 11, 1997) (Judge James C. Hill) by Case held that on a resentencing based on Guideline Amendment 516 the district court is not free, under 18 USC § 3582(c)(2) to reexamine the factual determination of the number of marijuana …
U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam) by This is another case that considers some of the factors that should be considered by a court in appeals, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10, based on retroactive amendments to …
U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold)
Article • February 1, 1997 • from P&J February, 1997
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold) by Here the Court held that it was improper for the district court to revise certain factual findings that were made at the original sentencing hearing and use those revised findings as the …
U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity
U.S. v. Torres, No. 96-2024 (10th Cir.) (99 F.3d 360) (October 30, 1996) (Judge Wade Brorby) by United States v. Mullanix, 99 F.3d 323 (9th Cir. 1996) (Judge Nelson) United States v. Torres, 99 F.3d 360 (10th Cir. 1996) (Judge Brorby) Both of these cases deal with Guideline Amendment No. …
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