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Kansas v. Carr, No. 14-449 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 633) (January 20, 2016) (Justice Scalia)

Article • December 26, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Severance

Kansas v. Carr, No. 14-449 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 633) (January 20, 2016) (Justice Scalia) by In this consolidated appeal, the Supreme Court addressed whether the Supreme Court of Kansas had erred when it vacated the death sentences of three different defendants in two separate cases. …

U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch)

Article • February 22, 2016 • from P&J February, 2016

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch) by In this case of first impression in the First Circuit, the Court directly addressed a question that the Supreme Court expressly left open in Setser v. U.S., 566 U.S. ___, 132 S. …

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam)

Article • May 1, 2008 • from P&J May, 2008

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam) by Re-sentencing for violation of conditions of a supervised release is affirmed where: 1) although the district court was not authorized under 18 U.S.C. § 3584(a) at the first sentencing hearing to direct defendant's federal …

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock) by The rules regarding the timing and nature of sentences imposed on defendants who face sentencing in both federal and state courts have always been somewhat confusing - in part because of often …

U.S. v. Fifield, No. 04-30299 (9th Cir.) (432 F.3d 1056) (December 30, 2005) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Fifield, No. 04-30299 (9th Cir.) (432 F.3d 1056) (December 30, 2005) (Judge Marsha L. Berzon) by In this case the Court delved into a number of complex issues regarding when and whether state and federal sentences should run concurrently or consecutively under the provisions of U.S.S.G. § 5G1.3. …

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart)

Article • August 6, 2005

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Whalen v. U.S., No. 97-8165 (U.S. Supreme Court) (445 U.S. 684; 100 S.Ct. 1432) (April 16, 1980) (Justice Stewart) by The defendant in this case was charged with and convicted of both rape and felony murder on the basis of the same rape. He was sentenced to consecutive terms of …

U.S. v. Deutsch, No. 02-3235 (7th Cir.) (403 F.3d 915) (April 12, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Deutsch, No. 02-3235 (7th Cir.) (403 F.3d 915) (April 12, 2005) (Per Curiam) by

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs) by In a blunt assessment of the confused and confusing state of sentencing of defendants who are serving both a federal and a state term of imprisonment, Judge Jacobs called the situation both …

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Severance

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart) by This is a rare decision in which a conviction was reversed because the court found that the defendant was “clearly prejudiced” when she was jointly tried alongside an absent co-defendant, who absconded …

U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Vasquez, No. 03-1763 (2nd Cir.) (389 F.3d 65) (November 10, 2004) (Judge Jon O. Newman) by The central issue before the Court in this case was whether the district court had properly applied the Guidelines’ complicated “grouping rules” contained in U.S.S.G. § 3D1.1-5 in the sentencing of Ricardo …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner)

Article • June 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Severance

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner) by Multiple defendants, charged with racketeering and weapons offenses under 18 U.S.C. § 1962 and 18 U.S.C. § 924(c), murder in aid of racketeering 18 U.S.C. § 1959(a), and related offenses, moved generally …

U.S. v. Rouse, No. 02-4956 (4th Cir.) (363 F.3d 256) (March 26, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Rouse, No. 02-4956 (4th Cir.) (363 F.3d 256) (March 26, 2004) (Judge William W. Jr. Wilkins) by Adding to a Circuit split on the issue, the Fourth Circuit held that because the district court took relevant conduct into account in determining defendant's offense level, it erred in not …

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart) by U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines, when the maximum sentence required by the substantive criminal statute falls short …

U.S. v. McCarter, No. 01-21203 (5th Cir.) (316 F.3d 536) (December 27, 2002) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Severance

U.S. v. McCarter, No. 01-21203 (5th Cir.) (316 F.3d 536) (December 27, 2002) (Judge Patrick E. Higginbotham) by Here, with unusually sharp words that impugned the motives of the prosecutor, the Court vacated a drug conviction on the grounds that the district court had abused its discretion in failing to …

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans) by This multi-defendant drug conspiracy case dealt with a number of issues. The principle issue addressed dealt with the Government's adherence to the wiretap laws; and on that issue the Court held that …

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Tolbert, No. 01-50656 (5th Cir.) (306 F.3d 244) (September 12, 2002) (Judge Robert M. Parker) by The issue before the Court in this case was whether offenses that are similar in nature but arise from discrete circumstances and were committed two years apart can be grouped when sentencing …

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Lott, No. 00-6141 (10th Cir.) (310 F.3d 1231) (November 5, 2002) (Judge David M. Ebel) by Defendants convicted of drug conspiracy convictions could not show that Apprendi errors affected their substantial rights because their total length of imprisonment would not have been shorter even if they were properly …

U.S. v. Lott, No. 00-6141 (10th Cir.) (298 F.3d 970) (July 30, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Lott, No. 00-6141 (10th Cir.) (298 F.3d 970) (July 30, 2002) (Judge David M. Ebel) by Here, in an extended discussion of the meaning of "total punishment" under the Guidelines, and the impact, if any, of Apprendi on the district court's authority to impose consecutive sentences on a …

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam) by The defendant in this case was convicted of three counts of attempting to manufacture methamphetamine, and was initially sentenced to 32 years' imprisonment for each conviction, with the sentences to run concurrently. …

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis) by This is an important Guidelines case, because it is the first case we have seen that both questions and challenges the widely held (but relatively recent) assumption that U.S.S.G. § 5G1.2(d) …