Punch and Jurists

U.S. v. Skys, No. 09-5204-cr (2nd Cir.) (637 F.3d 146) (February 23, 2011) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Rock and Roll," by Steve Statsinger, as posted on the Second Circuit Blog on February 27, 2011 at http://circuit2.blogspot.com/2011/02/rook-and-roll.html as follows: "In August …

U.S. v. Ware, No. 07-5222-cr(L) (2nd Cir.) (577 F.3d 442) (August 18, 2009) (Judge Amalya Lyle Kearse) by Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district …

U.S. v. Anthony, No. 00-5622 (6th Cir.) (280 F.3d 694) (February 12, 2002) (Judge Nathaniel R. Jones) by The defendant in this case was convicted for giving false statements to a federal investigator and leading a cover-up effort in violation of 18 U.S.C. 1001. At sentencing, the district court imposed …

U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams) by Here, adopting the position taken by the 2nd and 3rd Circuits, a divided Court held that the "otherwise extensive" enhancement under USSG § 3B1.1(a) should be defined primarily or solely by the …

U.S. v. Luca, No. 98-10041 (9th Cir.) (183 F.3d 1018) (July 7, 1999) (Judge James K. Jr. Singleton) by One of the issues addressed in this case was a four-level enhancement based on the district court's conclusion that the defendant was an organizer or leader of a criminal enterprise that …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Case affirmed an aggravating role sentence adjustment even though the Government did not identify five other participants, reasoning that defendant's activity was the "functional equivalent". In this case the court focuses on …

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by In this case the court focuses on the meaning of "otherwise extensive" in § 3B1.1(a). It holds that even though the Government did not identify five participants, a headcount is not necessarily …