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U.S. v. Richardson, No. 04-3472 (8th Cir.) (439 F.3d 421) (March 3, 2006) (Per Curiam)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Multiple/Multiplicious Counts

U.S. v. Richardson, No. 04-3472 (8th Cir.) (439 F.3d 421) (March 3, 2006) (Per Curiam) by The issue before the Court in this case was whether a defendant, based upon a single act of possession of a firearm, can be convicted and punished under both 18 U.S.C. § 922(g)(1) (felon …

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye) by Here the Court held that U.S.S.G. § 5G1.3(c), which allows a court to run a sentence “concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment” does not authorize a …

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy)

Article • March 24, 2004 • from P&J February, 2000

Filed under: Punch And Jurists, Credits

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy) by For some time now, the Courts of Appeal have been divided on the issue of whether a defendant who serves too much time in prison is entitled to any credit …

U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Credits

U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse) by The defendant had already served the imprisonment portion of his sentence when an earlier appeal resulted in a finding that he had served excess time in prison. On remand, he then moved …

U.S. v. Graham, No. 02-1575 (6th Cir.) (327 F.3d 460) (April 28, 2003) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Multiple/Multiplicious Counts

U.S. v. Graham, No. 02-1575 (6th Cir.) (327 F.3d 460) (April 28, 2003) (Judge Karen Nelson Moore) by A sentence that is "imposed independently" under U.S.S.G. § 5G1.2(a) does not count toward the total punishment when stacking consecutive sentences under § 5G1.2(d).

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman) by

U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas)

Article • October 9, 2002

Filed under: Punch And Jurists, Credits

U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas) by Case held that § 3585(b) authorizes the Attorney General, rather than the district court, to calculate the credit towards a term of imprisonment for any time the defendant spent in …

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown)

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

Filed under: Punch And Jurists, Credits

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown) by Here the Court held that a federal inmate is entitled to credit for time served in post-federal-sentence state incarceration under 18 U.S.C. § 3585(a), where he has been forced to serve his …

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Credits

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker) by Here the Court held that a sentencing court had authority under U.S.S.G. § 5G1.3 to adjust a sentence for time served on a state sentence, in a way that is binding on …

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken) by This decision contains an exhaustive analysis of the proper interpretation of one of those absurdly technical, difficult to interpret provisions of the Guidelines that rarely comes into play; and thus is generally …

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Credits

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright) by The defendant in this case was convicted in state court of three robberies that also formed part of the conspiracy outlined in his federal plea agreement. He was sentenced to 30 years' …

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney)

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

Filed under: Punch And Jurists, Credits

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney) by District court lacks authority under U.S.S.G. § 5G1.3(c) to "credit" defendant for the time he had served on a state parole violation sentence in a conviction for re-entry in the country following …

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl) by Here the Court explored the meaning of "fully taken into account" as used in USSG § 5G1.3(b) and held that relevant conduct can be used to determine whether a defendant's sentence must …

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Credits

Jake v. Herschberger, No. 98-2780 (7th Cir.) (173 F.3d 1059) (April 6, 1999) (Judge Daniel A. Manion) by Here the Court rejected the petitioner's contention that a state court's determination that his state sentence was to be concurrent with his prior federal sentence was binding on the BOP or entitled …

Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. Civ. 1:CV-98-1507 (M.D.Pa.) (34 F.Supp.2d 265) (February 1, 1999) (Judge William W. Caldwell) by In this case, Judge Caldwell reaffirmed his original decision (on different grounds) and ordered the BOP to grant the petitioner credit against his Federal sentence for 22 months spent in Federal custody …

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. 99-3297 (3rd Cir.) (201 F.3d 257) (January 4, 2000) (Judge Morton I. Greenberg) by Here the Court affirmed a district court's order granting relief to a defendant who was denied credit for 22 months spent on a writ ad prosequendum, which the BOP denied, it did …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by Here the Court strongly rejected the BOP's contention that USSG § 5G1.3(b) conflicted with the BOP's power to award sentencing credits under 18 USC § 3585(b), as required by the Supreme Court's …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Here the Court held that the Government should be "estopped" from refusing to credit the defendant with time spent cooperating with the Government and said that such double credits are sometimes required to …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by United States v. Dorsey, Docket No. 98-35250 (3rd Cir. 1/129/99) (Judge Caldwell) Rios v. Wiley, 29 F.Supp.2d 232 (M.D.Pa. 1998) (Judge Caldwell) Both of these cases deal with a highly technical issue: who …

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Credits

U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by Here the Court strongly rejected the BOP's contention that USSG § 5G1.3(b) conflicted with the BOP's power to award sentencing credits under 18 USC § 3585(b), as required by the Supreme Court's …