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U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina) by This decision marks the fourth time that the Eleventh Circuit has reviewed the sentence of probation repeatedly imposed by Judge U.W. Clemon of the N.D.Ala. on Kenneth Livesay, the former chief information …

U.S. v. Cavera, No. 05-4591-cr (2nd Cir.) (550 F.3d 180) (December 4, 2008) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Cavera, No. 05-4591-cr (2nd Cir.) (550 F.3d 180) (December 4, 2008) (Judge Guido Calabresi) by In this en banc decision, the Second Circuit upheld an unusual upward departure from the sentencing range recommended by the Guidelines in a firearms trafficking case where the illegal guns were destined for …

U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin) by The defendant, Heriberto Arroyo, a former police officer in Worcester, MA, was convicted by a jury on two different drug conspiracy counts. At sentencing, the district court departed upward from a Guideline range …

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin) by In explaining his reasons for imposing a below-Guidelines sentence in a white collar crime case, Judge Gwin set forth a comprehensive analysis of the four mandated purposes of sentencing as enunciated in 18 …

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh) by Gus Gardellini was clearly the beneficiary of the softer and more pliable sentencing approach that is gradually beginning to trickle down to the lower courts in the wake of the Supreme Court’s …

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein) by This is a short, but notable and potentially very useful, sentencing decision in which Judge Weinstein explained his reasons for departing from a Guidelines sentence of 235 months to a …

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero) by This decision is principally noted for Judge Marrero’s his extended discussion of some of the “vexing difficulties” that judges confront when attempting to formulate a just sentence for a defendant who cooperates …

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker)

Article • October 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker) by While the Apprendi/Booker/Gall line of cases has unquestionably done much to eliminate some of the irrationality from the rigid sentencing scheme that existed during the mandatory era of the Guidelines, there …

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane) by Here the Court imposed a non-Guidelines sentence of probation in a child pornography case due to the defendant’s extremely poor health and the complexity of his needs for medical care which “override …

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block) by Judge Block started this remarkably blunt and thought-provoking sentencing decision with the following words: “I have sentenced Lennox and Lester Parris today to a term of incarceration of 60 months in the …

U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner) by Here Judge Gertner discussed the Guidelines failure to address the concept of "similarly situated" defendants (which she described as a "clear flaw") in a case involving 21 defendants arrested in a single drug sweep …

U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff) by The defendant in this case, Richard P. Adelson, the former president of Impath, Inc., a publicly-traded cancer diagnosis company, was charged with a number of counts of conspiracy, securities fraud, …