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U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez) by Defendant Daniel Martin pled guilty to fraud and tax evasion arising out of his participation in a scheme to defraud several food distributors and a supermarket chain of more than $1.8 million. …

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman) by The defendant in this case was convicted of offenses related to cocaine base distribution. Both he and the Government appealed. The defendant contended that evidence of defendant's possession of marijuana was improperly …

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero) by In this case the Court held that the defendant was not entitled to a sentence departure based on “extraordinary physical impairment” due to his affliction with Gorlin Syndrome (recurrent jaw cysts) and other …

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Physical Condition

U.S. v. Gee, No. 99-2348 (7th Cir.) (226 F.3d 885) (September 11, 2000) (Judge Ann Claire Williams) by The two defendants in this case, William Norris and Jim Gee, were found guilty by a jury of numerous counts of mail fraud, wire fraud, conspiracy and other related crimes for their …

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford) by Here the Court remanded for further findings a downward departure based on a series of ailments suffered by the defendant because the district court made no effort to ascertain whether the Bureau …

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Lacy, No. 98-10185 (D.Mass.) (99 F.Supp.2d 108) (May 19, 2000) (Judge Nancy Gertner) by Here the court granted a series of downward departures, including one based on an extraordinary physical condition and one based on the court's disagreement with the Government's estimate of the quantity of drugs involved. …

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Herman, No. 98-1391 (2nd Cir.) (172 F.3d 205) (March 30, 1999) (Judge Joseph M. McLaughlin) by In this case the defendant had accumulated some 20 prior convictions, making him a career offender. At sentencing, Judge Wood stressed that she believed there was a chance "albeit slim" that the …

U.S. v. McDougal, No. LR-CR-95-173 (E.D.Ark.) (16 F.Supp.2d 1047) (June 26, 1998) (Judge George Jr. Howard)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. McDougal, No. LR-CR-95-173 (E.D.Ark.) (16 F.Supp.2d 1047) (June 26, 1998) (Judge George Jr. Howard) by United States v. Costello, 16 F.Supp.2d 36 (D.Mass. 1998) (Judge Gertner) United States v. McDougal, 16 F.Supp. 1047 (E.D.Ark. 1998) (Judge Howard) The common theme in both of these cases is that the …

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Russell, No. 96-1309 (6th Cir.) (156 F.3d 687) (September 23, 1998) (Judge Nathaniel R. Jones) by In this case, the Sixth Circuit held that a defendant's deafness, without more, would never constitute an "extraordinary physical impairment" warranting a downward departure from the sentencing range prescribed by the Sentencing …

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Emerson, No. 95-30006 (C.D.Ill.) (995 F.Supp. 941) (March 10, 1998) (Judge Richard Mills) by Not surprisingly, Judge Mills denied a downward departure in this case based on the defendant's age (unspecified), his post conviction rehabilitation efforts, and his physical condition (sleep apnea); but the case is noted principally …

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Gigante, No. CR 93-368 (JBW) (E.D.N.Y.) (989 F.Supp. 436) (January 5, 1998) (Judge Jack B. Weinstein) by This well publicized case shows another aspect of unpublished decisions. The case involved the sentencing of the 69-year old reputed head of the Genovese crime family who had long warded off …

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner) by What sets this case apart from the norm (and shows a great deal about the mentality of District Judge Mills) were the following facts, as recited by the Seventh Circuit: "Tyler contracted …

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Collins, No. 96-5039 (10th Cir.) (122 F.3d 1297) (August 5, 1997) (Judge Deanell R. Tacha) by Court discussed, at note 6, availability of departure based on defendant's physical condition. This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Court affirmed a downward departure on the basis of the defendant's kidney failure and charitable good works. Decisions like this one usually don't get published. First of all, they raise …

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 94-1743 (6th Cir.) (71 F.3d 539) (November 20, 1995) (Judge Cornelia G. Kennedy) by Case held that defendant's diagnosis of depression following arrest and conviction does not warrant a downward departure. This case involves a physician charged and convicted on a number of counts of improperly …

U.S. v. Fisher, No. 94-4108 (10th Cir.) (55 F.3d 481) (May 4, 1995) (Judge John L. Jr. Kane)

Article • July 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Fisher, No. 94-4108 (10th Cir.) (55 F.3d 481) (May 4, 1995) (Judge John L. Jr. Kane) by This is a sick case that shows how hard it is to get a downward departure for "extraordinary physical impairment" under § 5H1.4 of the Guidelines. This defendant was a paraplegic, …

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey)

Article • June 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Here's an interesting case that points out the inadequacy of medical care in Federal prisons. The defendant, a 450 pound individual with chronic asthma, was given a downward departure under §§ 5K2.11 …

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner)

Article • April 1, 1995

Filed under: Punch And Jurists, Physical Condition

U.S. v. Altman, No. 94-1108, No. 253 (2nd Cir.) (48 F.3d 96) (February 16, 1995) (Judge Roger J. Miner) by Case held that an "extraordinary physical impairment" required by USSG § 5H1.4 for a downward departure requires a medical condition that the Bureau of Prisons is unable to accommodate (Id., …

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Physical Condition

U.S. v. LeBlanc, No. 93-1847 (1st Cir.) (24 F.3d 340) (May 24, 1994) (Judge Juan R. Torruella) by Here the First Circuit upheld the district court's refusal to depart because "there was no indication . . . that [defendants's] life would be threatened or shortened by virtue of being incarcerated... …