Search | Punch and Jurists

U.S. v. Woodard, No. 98-30045 (9th Cir.) (172 F.3d 717) (April 8, 1999) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Woodard, No. 98-30045 (9th Cir.) (172 F.3d 717) (April 8, 1999) (Judge William W. Schwarzer) by In its decision, the Court also abbrogated its earlier decision in U.S. v. Dunn, 80 F.3d 402 (9th Cir. 1996), which it said had no longer any force after the LaBonte decision. …

U.S. v. Robinson, No. 96-3647 (8th Cir.) (119 F.3d 663) (July 10, 1997) (Judge John F. Nangle)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Robinson, No. 96-3647 (8th Cir.) (119 F.3d 663) (July 10, 1997) (Judge John F. Nangle) by Citing its earlier decision in U.S. v. Fountain, 83 F.3d 946 (8th Cir. 1996), the Court affirmed that Guideline Amendment 506 is invalid because it conflicts with the plain language of 28 …

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by In its ruling, the Court relied on on its prior holding in U.S. v. Hernandez, 79 F.3d 584 (7th Cir. 1996) and the Supreme Court's ruling in U.S. v. LaBonte. Case held …

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Branham, No. 95-5213 (6th Cir.) (97 F.3d 835) (October 4, 1996) (Judge Ann Aldrich) by United States v. Branham, 97 F.3d 835 (6th Cir. 1996) United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § 4B1.1 …

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. McQuilkin, No. 95-2092 (3rd Cir.) (97 F.3d 723) (October 15, 1996) (Judge Anthony J. Scirica) by United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996) United States v. Branham, 97 F.3d 835 (6th Cir. 1996) In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § …

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Fountain, No. 95-2264 (8th Cir.) (83 F.3d 946) (May 1, 1996) (Judge C. Arlen Beam) by In this case the Eighth Circuit joins a growing number of courts that have held that the Sentencing Commission exceeded its statutory authority by defining, in Guideline Amendment No. 506, "offense statutory …

U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Hernandez, No. 95-1143 (7th Cir.) (79 F.3d 584) (March 18, 1996) (Judge Ilana Diamond Rovner) by This case involves one of those emerging technical Guidelines' issues that incites people to scream "Ay Caramba"! Here, the Seventh Circuit joins a growing number of courts that have recently held that …

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Novey, No. 95-6249 (10th Cir.) (78 F.3d 1483) (March 15, 1996) (Judge David M. Ebel) by Here's another example of the courts jumping on the bandwagon and determining that Guideline Amendment 506 as enacted is invalid. The defendant pled guilty to making a false statement to the Postal …

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Thompson, No. 92-2601 (RCL) (D.D.C.) (917 F.Supp. 22) (February 23, 1996) (Judge Royce C. Lamberth) by Case refused to grant a sentencing reduction on the basis of Guideline Amendment 506 on the grounds that the amendment was invalid and exceeded Congress's authority. This decision comes on a remand …

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Benson, No. 02-20184-TU (W.D.Tenn.) (917 F.Supp. 543) (November 22, 1995) (Judge Jerome Turner) by In this case an inmate filed a pro se motion under 18 U.S.C. § 3582(c)(2) seeking a reduction of his sentence based on the provisions of Amendment No. 506. The Court concluded that the …

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. North, No. 91-14019-CR (S.D.Fla.) (914 F.Supp. 533) (January 11, 1996) (Judge Shelby Highsmith) by The defendant in this case was sentenced to 100 months imprisonment as a career offender under the enhancement provisions of 21 U.S.C. § 841(b)(1)(D). Six months after he was sentenced, the Sentencing Commission adopted …

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. LaBonte, No. 95-1538 (1st Cir.) (70 F.3d 1396) (December 6, 1995) (Judge Bruce M. Selya) by This decision, later reversed by the Supreme Court, upheld the validity of Guideline Amendment 506. The pedagogic Judge Selya starts this opinion by observing that the Federal Sentencing Guidelines have loosed "a …

U.S. v. Robinson, No. 94-CR-80659-DT-02 (E.D.Mich.) (906 F.Supp. 1136) (November 27, 1995) (Judge Patrick J. Duggan)

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

Filed under: Punch And Jurists, Offense Statutory Maximum

U.S. v. Robinson, No. 94-CR-80659-DT-02 (E.D.Mich.) (906 F.Supp. 1136) (November 27, 1995) (Judge Patrick J. Duggan) by In this case, the Defendant pled guilty to the possession of crack cocaine and the Probation Department determined that the appropriate offense level was a 32 - calling for a sentencing range of …