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U.S. v. Rooney, No. CR-04-55-B-W (D.Me.) (370 F.Supp.2d 310) (January 11, 2005) (Judge John A. Jr. Woodcock)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Rooney, No. CR-04-55-B-W (D.Me.) (370 F.Supp.2d 310) (January 11, 2005) (Judge John A. Jr. Woodcock) by Although this is a pre-Booker decision that was just published, it is noted because of its detailed discussion of the Guidelines’ “lesser harms” defense that is contained in U.S.S.G. § 5K2.11. That …

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby) by This is a pre-Booker Guidelines case that is noted as a vivid example of the difference between a mandatory Guideline system and an advisory one; and the facts of this case probably accurately …

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell) by Here, in granting a 4-level downward departure, Judge Cassell presented a lengthy apologia in defense of the Feeney Amendment and his conclusion that nothing in that legislation restricts the ability of a …

U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop) by Under U.S.S.G. § 5K2.11 (a “Policy Statement” that is entitled “Lesser Harms”), a sentencing court is permitted to depart downward from the otherwise applicable sentencing range under two separate and distinct circumstances: …

U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Mason, No. CRIM. 99-162(RWR) (D.D.C.) (90 F.Supp.2d 1) (December 22, 1999) (Judge Richard W. Roberts) by Here the Court granted a downward departure based on a combination of factors, including the lesser harms provisions of USSG § 5K2.11, holding that the various factors were present to a degree …

U.S. v. Grewal, No. 96-751 (D.N.J.) (2 F.Supp.2d 612) (April 14, 1998) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Grewal, No. 96-751 (D.N.J.) (2 F.Supp.2d 612) (April 14, 1998) (Judge Stephen M. Orlofsky) by Court held that a departure under § 5K2.11 is typically inappropriate where the defendant could have pursued other means of avoiding the greater harm rather than committing a crime. Court denied a sentence …

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Webb, No. 97-3059 (D.C. Cir.) (134 F.3d 403) (February 3, 1998) (Judge Douglas Ginsburg) by Here, the Court rejected the defendant's argument that the crimes at issue did not cause or threaten the harm or evil sought to be prevented by the law proscribing the offense at issue, …

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Hunter, No. Cr. No. 97-37-N (M.D.Ala.) (980 F.Supp. 1439) (October 28, 1997) (Judge Myron H. Thompson) by In this case the Court examined, and rejected, a series of arguments made by a defendant who sought a downward sentencing departure based on his severe drug dependence. Although U.S.S.G. § …

U.S. v. Clark, No. 97-1132, No. 366 (2nd Cir.) (128 F.3d 122) (November 6, 1997) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Clark, No. 97-1132, No. 366 (2nd Cir.) (128 F.3d 122) (November 6, 1997) (Judge Jon O. Newman) by Court vacated a sentence because the district court relied only on the first paragraph of Sec. 5K2.11 and failed to consider wether the crime "may not threaten the harm sought …

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Barajas-Nunez, No. 95-1643 (6th Cir.) (91 F.3d 826) (August 6, 1996) (Judge Karen Nelson Moore) by Here the Court held that the district court had not erred in determining that a departure was warranted under § 5K2.11 because the defenant perceived that his girlfriend was in grave danger …

U.S. v. Adams, No. 93-3058 (11th Cir.) (74 F.3d 1093) (February 12, 1996) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Adams, No. 93-3058 (11th Cir.) (74 F.3d 1093) (February 12, 1996) (Judge Richard Mills) by Here the district court reduced the defendants' base offense levels by ten levels, stating: "The gravamen of the Adams' unlawful scheme is fraud and misapplication of RTC funds. It is difficult to conceive …

U.S. v. Carvell, No. 95-1606 (1st Cir.) (74 F.3d 8) (January 19, 1996) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Carvell, No. 95-1606 (1st Cir.) (74 F.3d 8) (January 19, 1996) (Judge Sandra L. Lynch) by This case raises a novel approach to a request for a downward departure, and explores an interesting interplay between the provisions of U.S.S.G. § 5H1.4 (which prohibits downward departures for drug "dependence" …

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey)

Article • June 1, 1995

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Here's an interesting case that points out the inadequacy of medical care in Federal prisons. The defendant, a 450 pound individual with chronic asthma, was given a downward departure under §§ 5K2.11 …

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett)

Article • April 1, 1995

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett) by This case is cited because it discusses in some detail the rarely used provision of the Guidelines, § 5K2.11, which permits downward departures for "lesser harms", i.e. where the conduct may not …

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez)

Article • January 1, 1994

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by Here the Court stated that it was "reluctant" to concude that a defendant who possessed a sawed-off shotgun for the purpose of protecting his family qualified him for a "lesser harms" sentence …