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Article • February 1, 2001 • from P&J February, 2001
Illinois v. McArthur, No. 99-1132 (U.S. Supreme Court) (531 U.S. 326; 121 S.Ct. 946) (February 20, 2001) (Justice Breyer) by Here the Court held that the police were justified in barring the defendant from re-entering his home alone while they waited for a search warrant since they had probable cause …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Drew, No. 98-3120 (D.C. Cir.) (200 F.3d 871) (January 25, 2000) (Judge Karen LeCraft Henderson) by Court held that an enhancement for physical restraint under USSG § 3A1.3 was improper where the defendant ordered the victim to leave her bedroom and walk downstairs at gunpoint, since there was …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Johnson, No. 98-30297 (9th Cir.) (187 F.3d 1129) (August 16, 1999) (Judge Warren J. Ferguson) by One of the issues addressed in this case dealt with the “restraint of victim” sentencing enhancement contained in U.S.S.G. § 3A1.3, which permits the court to impose a two-level enhancement “if a …
Article • April 1, 1999 • from P&J April, 1999
U.S. v. Anglin, No. 98-1340 (2nd Cir.) (169 F.3d 154) (March 2, 1999) (Judge Charles S. Jr. Haight) by The defendant argued on appeal, inter alia, that the district court erred in subjecting him to a two-level offense enhancement under U.S.S.G. § 2B3.1(b)(4)(B) on the ground that the teller-victims were …
Article • December 1, 1995
U.S. v. Vought, No. 94-30337 (9th Cir.) (69 F.3d 1498) (November 16, 1995) (Judge Charles E. Wiggins) by In a case of first impression, the Court rules that the reference to "victim" in § 3A1.3 refers to a victim of restraint rather than the victim of the offense of conviction. …