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U.S. v. Hendrickson, No. CR 13-4110-MWB (N.D.Iowa) (25 F.Supp.3d 1166) (June 11, 2014) (Judge Mark W. Bennett)
Article • February 16, 2015 • from P&J February, 2015
Filed under: Punch And Jurists, Drug Addiction
U.S. v. Hendrickson, No. CR 13-4110-MWB (N.D.Iowa) (25 F.Supp.3d 1166) (June 11, 2014) (Judge Mark W. Bennett) by
U.S. v. Eversole, No. 06-5215 (6th Cir.) (487 F.3d 1024) (May 31, 2007) (Judge David M. Lawson)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Drug Addiction
U.S. v. Eversole, No. 06-5215 (6th Cir.) (487 F.3d 1024) (May 31, 2007) (Judge David M. Lawson) by This is another sentencing case in which a divided panel from the Sixth Circuit upheld a within-Guidelines sentence of 327 months (27-¼ years) imposed on a 44-year old drug addict who pled …
Payton v. Woodward, No. 00-99000 (9th Cir.) (346 F.3d 1204) (October 20, 2003) (Judge Richard A. Paez)
Article • December 1, 2003 • from P&J December, 2003
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
Payton v. Woodward, No. 00-99000 (9th Cir.) (346 F.3d 1204) (October 20, 2003) (Judge Richard A. Paez) by The United States Supreme Court remanded an appeal by respondent warden to the court for further consideration of its affirmance of the district court's grant of petitioner inmate's 28 U.S.C.S. § 2254 …
U.S. v. Ruiz, No. 01 CR.864 (S.D.N.Y.) (246 F.Supp.2d 263) (November 27, 2002) (Judge Gerard E. Lynch)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Ruiz, No. 01 CR.864 (S.D.N.Y.) (246 F.Supp.2d 263) (November 27, 2002) (Judge Gerard E. Lynch) by The defendant in this case was convicted by a jury of two counts of conspiring to import the controlled substance methylenedioxymethamphetamine (commonly known as ecstasy) in violation of 21 U.S.C. § 963 …
U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien)
Article • December 1, 2002 • from P&J December, 2002
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien) by Here the Court held that a district court does not have the authority to grant a downward departure based on the use of the INS of forms that erroneously advised the defendant …
U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent)
Article • January 1, 2001 • from P&J January, 2001
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by Here the Court held that a defendant must be "substantially less culpable than the average participant" to qualify as a minor participant under USSG § 3B1.2 - rather than to evaluate his …
U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella)
Article • February 1, 2000 • from P&J February, 2000
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella) by Here the Court affirmed the denial of a minimal role-in-the-offense sentence adjustment to three seamen who were transporting cocaine since they were not convicted of conspiracy, but possession, which made their knowledge …
U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett) by This is an interesting case dealing with the permissible grounds for denying a defendant a sentence reduction based on a mitigating role in the offense, pursuant to the provisions of U.S.S.G. § …
U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Beltran, No. 96-3085 (8th Cir.) (122 F.3d 1156) (September 11, 1997) (Judge David R. Hansen) by One of the claims made by the defendant in this appeal was that the district court (Judge Clark) had erred by refusing to grant him a mitigating role downward departure under § …
U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Edwards, No. 95-3165 (D.C. Cir.) (98 F.3d 1364) (October 29, 1996) (Judge Karen LeCraft Henderson) by The defendant claimed that the district court failed to make the necessary finding of relative culpability required by the Court's holding in U.S. v. Caballero, 936 F.3d 1292 (D.C.Cir. 1991). In that …
U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner)
Article • October 1, 1996 • from P&J October, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Miranda-Santiago, No. 95-1301 (1st Cir.) (96 F.3d 517) (September 19, 1996) (Judge Nancy Gertner) by Another Guidelines case - and another reversal for Judge Fuste. Here he gets chastised, among other things, for blindly accepting the Government's position by denying a defendant a sentence reduction pursuant to U.S.S.G. …
U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Walters, No. 94-30616 (5th Cir.) (87 F.3d 663) (June 26, 1996) (Judge E. Grady Jolly) by Here's another case that addresses the growing efforts by defendants to mitigate the onerous sentences that the Government seeks to impose though its indiscriminate use of money laundering charges in virtually every …
U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by In this case a licensed gun dealer who sold more than 100 guns to others who then resold them was denied a two-level adjustment as a minor participant under § 3B1.2(b). On …
U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam)
Article • August 1, 1995
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Atanda, No. 94-20736 (5th Cir.) (60 F.3d 196) (July 24, 1995) (Per Curiam) by This case deals with the right to obtain a reduction of sentence under U.S.S.G. § 3B1.2 (Mitigating Role). The defendant pled guilty to (a) a conspiracy to defraud the Government by obtaining false payments …
U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg)
Article • July 1, 1995
Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence
U.S. v. Cruz-Flores, No. 94-1480, No. 1320 (2nd Cir.) (56 F.3d 461) (June 5, 1995) (Judge Wilfred Feinberg) by Even though the Sentencing Commission had not taken into account the use by the INS of confusing Forms I-294, no departure could be granted on the basis of such forms since …