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U.S. v. Johnson, No. 08-2296-cr (2nd Cir.) (558 F.3d 193) (February 25, 2009) (Per Curiam)
Article • April 1, 2009 • from P&J April, 2009
Filed under: Punch And Jurists, Application Notes
U.S. v. Johnson, No. 08-2296-cr (2nd Cir.) (558 F.3d 193) (February 25, 2009) (Per Curiam) by Conviction and sentence for being a felon in possession of a firearm is affirmed where the district court's application of a sentencing enhance under the United States Sentencing Guidelines and reliance on the application …
U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez)
Article • November 1, 2003 • from P&J November, 2003
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Laboy, No. 02-1865 (1st Cir.) (351 F.3d 578) (December 9, 2003) (Judge Kermit A. Lipez) by The defendant in this case, Victor “Papito” Laboy, was one of a number of the members of the Latin Gangsta’ Disciples (“LGD”) street gang from Lawrence, MA who were prosecuted for selling …
U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall)
Article • October 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Egge, No. 98-30322 (9th Cir.) (223 F.3d 1128) (September 15, 2000) (Judge Cynthia Holcomb Hall) by Here the Ninth Circuit affirmed its prior rulings that customers who are solely end users of drugs sold are not "participants" in a criminal activity within the meaning of the enhancement provided …
U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)
Article • December 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by In this case Judge Gertner held that the victims of a prostitution ring, none of whom were included in the indictment, were not "participants" with the leader of the prostitution ring for purposes …
U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by Here the Court affirmed that persons who are not indicted or tried, but who are nonetheless criminally responsible for defendant's crime, are "participants" of the crime within the meaning of USSG …
U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Martinez, No. 97-2111 (6th Cir.) (181 F.3d 794) (June 23, 1999) (Judge Leroy J. Jr. Contie) by The defendant contended that the district court erred in enhancing his sentence under U.S.S.G. § 3B1.1(c) because the record indicated that he was merely a delivery person and a conduit for …
U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Graham, No. 97-3138 (D.C. Cir.) (162 F.3d 1180) (December 22, 1998) (Judge Judith W. Rogers) by The defendant in this case, a reputed member of a notorious gang in Washington, D.C., was charged with the usual variety of drug crimes. He was convicted and, at sentencing, the district …
U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley)
Article • January 1, 1999 • from P&J January, 1999
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Mann, No. 96-50609 (5th Cir.) (161 F.3d 840) (November 23, 1998) (Judge Thomas M. Reavley) by Here the Court rejected a Government claim that three participants should have received a four-level increase under USSG § 3B1.1(a) absent a finding of criminal responsibility, stating that knowing what is going …
U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Del Toro-Aguilera, No. 97-1193 (8th Cir.) (138 F.3d 340) (March 5, 1998) (Judge Donald R. Ross) by This case notes an interesting limitation on the use of the three-level sentence enhancement referred to in U.S.S.G. § 3B1.1(b) for being a "manager or supervisor" of a criminal activity. The …
U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Patel, No. 96-3331 (7th Cir.) (131 F.3d 1195) (December 10, 1997) (Judge Ilana Diamond Rovner) by In this case, the defendant objected to a recommendation contained in the Presentence Report that he was a manager of a cocaine business. After a sentencing hearing, the district court concluded that …
U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Mankiewicz, No. 96-2594 (7th Cir.) (122 F.3d 399) (August 8, 1997) (Judge Kenneth F. Ripple) by Court rejected expansion of enhancement to a type of "leadership role" that was not supported by a "real and direct" influence.
U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold) by Case held that "fronting" (i.e., allowing co-conspirators to buy drugs on credit) is not alone sufficient to justify the imposition of a sentence enhancement for being a leader or organizer.
Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson)
Article • October 1, 1996 • from P&J October, 1996
Filed under: Punch And Jurists, Leader, Manager, Organizer
Green v. U.S., No. 93-4109 (6th Cir.) (65 F.3d 546) (September 20, 1995) (Judge David A. Nelson) by Case held that sentencing court did not err in determining that defendant acted as organizer, despite his contention that he acted alone, since the PSI Report indicated that other family members were …
U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs)
Article • May 1, 1996 • from P&J May, 1996
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Bazel, No. 95-5117 (6th Cir.) (80 F.3d 1140) (April 11, 1996) (Judge Danny J. Boggs) by The sole question raised on this appeal was whether the defendant met the requirements set out both in 18 U.S.C. § 3553(f)(4) and U.S.S.G. § 5C1.2(4) and therefore was eligible for a …
U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)
Article • January 1, 1996 • from P&J January, 1996
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by In this case an adjustment of four levels for being a "leader" in a drug conspiracy is set aside, even though the Presentence Report concluded that the defendant was a leader and even …
U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney)
Article • December 1, 1995
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Brinkworth, No. 95-1272 (2nd Cir.) (68 F.3d 633) (October 19, 1995) (Judge J. Daniel Mahoney) by Case held that it was not necessary to hold an evidentiary hearing to determine whether a defendant was an organizer or leader. United States v. Brinkworth, 68 F.3d 633 (2nd Cir. 1995) …
U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari)
Article • November 1, 1995
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Jimenez, No. 94-1464 (2nd Cir.) (68 F.3d 49) (October 13, 1995) (Judge Frank X. Altimari) by Case held that court is required to impose sentence enhancement, based on defendant's managerial role, after explicitly finding that defendant was manager of drug conspiracy. After the defendant received a sentence of …
U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood)
Article • October 1, 1995
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood) by This case discusses the split among Circuits regarding the meaning of § 3B1.1 prior to the adoption of Amendment No. 500 on Nov. 1, 1993. That amendment made clear that for an …
U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya)
Article • September 1, 1995
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya) by This multi-issue sentencing decision by the pedantic Judge Selya is cited for its holding that it is "pellucid" that a defendant's sentence can be increased, under U.S.S.G. § 3B1.1, for being a …
U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson)
Article • August 1, 1995
Filed under: Punch And Jurists, Leader, Manager, Organizer
U.S. v. Braun, No. 94-3847 (8th Cir.) (60 F.3d 451) (July 13, 1995) (Judge Floyd R. Gibson) by Case upheld an enhancement for leadership of defendant's employees, even though none of those employees were charged with criminal activity and none of them benefited from the illegal speculation that occurred. Here …
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