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Article • July 16, 2018 • from P&J July, 2018
U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein) by Once again, District Judge Jack Weinstein of the E.D.N.Y. has added to his huge legacy of memorable and prophetic sentencing decisions - this time with a brilliant treatise on, and a telling indictment …
Article • July 15, 2013 • from P&J July, 2013
U.S. v. Reyes-Ceja, No. 11-50167 (9th Cir.) (712 F.3d 1284) (April 1, 2013) (Judge Andrew J. Kleinfeld) by This decision pushes the use of the two-level enhancement set forth in U.S.S.G. § 4A1.1(d) for committing an offense “while under” any “criminal justice sentence” beyond all sensibility. Here, after the defendant, …
Article • July 1, 2003 • from P&J July, 2003
Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by More and more, we are beginning to see massive efforts by our Government to hide outright or to disguise beyond recognition the real repercussions and the true costs (both economic and …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Rivard, No. 98-1369, No. 1168 (2nd Cir.) (184 F.3d 176) (July 13, 1999) (Per Curiam) by Here the Court held that placement on a state's daily interrupt status, during which he was released from prison on weekdays for work release, but required to stay in prison on weekends, …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Elkins, No. 97-3426 (7th Cir.) (176 F.3d 1016) (May 12, 1999) (Judge John L. Coffey) by Here the Court squarely affirmed that "imprisonment", at least in the context of the Guidelines, denotes time actually spent in a penal institution, and does not include time spent in community or …