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U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard) by Here the Courtvacated a two-level sentence reduction for acceptance of responsibility and a five-level downward departure for aberrant conduct granted to a defendant who went to trial for various tax crimes, but …

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell) by Here, notwithstanding the language contained in Application Note 1(a) of U.S.S.G. § 3E1.1 (which states that “a defendant who falsely denies, or frivolously contests, relevant conduct that the court determines to be …

U.S. v. Washington, No. 02-20972 (5th Cir.) (340 F.3d 222) (July 24, 2003) (Judge F. A. Jr. Little)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Washington, No. 02-20972 (5th Cir.) (340 F.3d 222) (July 24, 2003) (Judge F. A. Jr. Little) by The defendant in this case, Troy Washington, was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He moved to suppress the evidence …

U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Yirkovsky, No. 02-1176 (8th Cir.) (338 F.3d 936) (July 31, 2003) (Judge David R. Hansen) by Defendant sought review of a decision of the United States District Court for the Northern District of Iowa, which denied defendant's motion for judgment of acquittal and convicted defendant, after a jury …

U.S. v. Wright, No. 95-8397 (11th Cir.) (133 F.3d 1412) (January 28, 1998) (Judge Emmett Ripley Cox)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Wright, No. 95-8397 (11th Cir.) (133 F.3d 1412) (January 28, 1998) (Judge Emmett Ripley Cox) by This is an important decision which appears to change radically the grounds upon which a defendant may be denied a sentence reduction for acceptance of responsibility under the provisions of U.S.S.G. § …

U.S. v. Smith, No. 95-8120 (11th Cir.) (127 F.3d 987) (October 31, 1997) (Judge Joel F. Dubina)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Smith, No. 95-8120 (11th Cir.) (127 F.3d 987) (October 31, 1997) (Judge Joel F. Dubina) by This is one of those shameful decisions that shows how an intemperate Court can create bad law - here the birth of a new, subjective standard by which the availability of the …

U.S. v. Wright, No. 95-8397 (11th Cir.) (117 F.3d 1265) (July 24, 1997) (Judge Phyllis A. Kravitch)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Wright, No. 95-8397 (11th Cir.) (117 F.3d 1265) (July 24, 1997) (Judge Phyllis A. Kravitch) by The defendant in this case was charged and convicted of possessing machine guns in violation of 18 U.S.C. § 922(o). The defendant was a member of a militia organization; and, initially, he …

U.S. v. Smith, No. 95-8120 (11th Cir.) (106 F.3d 350) (February 20, 1997) (Judge Rosemary Barkett)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Smith, No. 95-8120 (11th Cir.) (106 F.3d 350) (February 20, 1997) (Judge Rosemary Barkett) by The issue in this case was whether a defendant may be denied a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b) when he admits the factual basis for his guilt, but …

U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Smith, No. 95-8120 (11th Cir.) (101 F.3d 98) (December 5, 1996) (Judge Rosemary Barkett) by Here the Court strongly condemned the philosophy that a defendant must meekly and silently "accept any punishment that the government chooses to mete out, however incommensurate with the underlying conduct" to receive a …

U.S. v. Calhoon, No. 95-8171 (11th Cir.) (97 F.3d 518) (October 16, 1996) (Judge William W. Schwarzer)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Calhoon, No. 95-8171 (11th Cir.) (97 F.3d 518) (October 16, 1996) (Judge William W. Schwarzer) by One of the issues discussed in this case was the defendant's claim that the district court's refusal to grant him an adjustment for acceptance of responsibility after he went to trial amounted …