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U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman) by Defendant's sentence for interstate transportation of stolen property is vacated where the district court failed to make findings in support of its denial of a minimal role adjustment. [Editor's Note: For a …

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker) by The defendant in this case, Rafael Rodriguez, a drug “mule,” pled guilty to importing drugs from Panama. Pursuant to his plea agreement, the Government agreed not to oppose a two-level downward sentence …

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold) by Here the Court held that a downward adjustment for minor participation, pursuant to U.S.S.G. § 3B1.2(b), was permissible even though the defendant was the only participant charged in the drug crime. The …

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina) by The defendant in this case pled guilty to importing illegal drugs into the United States, but asserted that the district court improperly denied him a sentence adjustment for his minor role as …

U.S. v. Hamzat, No. 97-1987 (7th Cir.) (217 F.3d 494) (June 26, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Hamzat, No. 97-1987 (7th Cir.) (217 F.3d 494) (June 26, 2000) (Judge Diane P. Wood) by Here the Seventh Circuit reaffirmed its rule (which is followed by five other Circuits) that when a drug courier is held accountable only for the drugs he carried, he is not entitled …

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez De Varon, No. 96-5421 (11th Cir.) (175 F.3d 930) (May 14, 1999) (Judge Stanley Marcus) by Here the Court established two principles to determine whether a mitigating role adjustment under USSG § 3B1.2 is proper - namely, the defendant's role in the relevant conduct and the defendant's …

U.S. v. Snoddy, No. 97-3366 (8th Cir.) (139 F.3d 1224) (April 6, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Snoddy, No. 97-3366 (8th Cir.) (139 F.3d 1224) (April 6, 1998) (Judge Mark W. Bennett) by Can a "sole participant" in a drug crime receive a sentence adjustment under U.S.S.G. § 3B1.2(b) for being a minor participant? Here, the Eighth Circuit says "Yes - sometimes." The defendant was …

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Soto, No. 97-3002 (D.C. Cir.) (132 F.3d 56) (December 30, 1997) (Judge David S. Tatel) by The decision in this case is bound to have two dramatic results: it will encourage a raft of new lawsuits; and it will shock a lot of attorneys. Essentially, on a direct …

U.S. v. Padilla-Pena, No. 97-1297 (8th Cir.) (129 F.3d 457) (November 6, 1997) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Padilla-Pena, No. 97-1297 (8th Cir.) (129 F.3d 457) (November 6, 1997) (Judge John R. Gibson) by Here the Court held that a downward adjustment for minimal participation should be "used infrequently" and is "appropriate, for example, for someone who played no other role in a very large drug …

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Romualdi, No. 96-7113 (3rd Cir.) (101 F.3d 971) (December 11, 1996) (Judge Dolores K. Sloviter) by Last week we ruffled more than a few feathers when we said that the U.S. Postal Service was one of the largest purveyors of pornography in the world. Little did we know …

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari)

Article • November 1, 1995

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Ajmal, No. 94-1627 (2nd Cir.) (67 F.3d 12) (September 20, 1995) (Judge Frank X. Altimari) by In determining whether a defendant played a "minor role" in the commission of an offense, the Court observed that it is improper to look solely at the defendant's relative culpability compared with …