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Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Post Gall/Kimbrough

Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett) by Here the court categorically rejected the “new” 18:1 ratio that Congress has adopted for crack cocaine crimes, after noting that the Govt had been unable to present “a single scintilla of . . . …

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Feemster, No. 06-2059 (8th Cir.) (572 F.3d 455) (July 13, 2009) (Judge Lavenski R. Smith) by It is now more than nine years since the Supreme Court’s landmark sentencing decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) - a decision that dramatically altered forever sentencing practices …

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Gully, No. CR 08-3005-MWB (N.D.Iowa) (619 F.Supp.2d 633) (May 18, 2009) (Judge Mark W. Bennett) by When Congress enacted the Anti-Drug Abuse Act of 1986, it established what has come to be known as a 100-to-1 quantity ratio between the two forms of cocaine. Largely in response to …

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith) by The issue before the en banc Third Circuit in this case was whether a sentence of probation and house arrest imposed on a wealthy confessed tax cheat was reasonable under the standards …

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith) by The technical issue before the Court in this case was: what is the proper standard of appellate review of sentences in the somewhat rare circumstances where the appellant (in this case …

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

Spears v. U.S., No. 08-5721 (U.S. Supreme Court) (555 U.S. 261; 129 S.Ct. 840) (January 21, 2009) (Per Curiam) by In the aftermath of the Supreme Court’s landmark decision in U.S. v. Booker, 543 U.S. 220 (2005) (which held that the Federal Sentencing Guidelines were advisory only), few Circuits have …

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam)

Article • December 1, 2008 • from P&J January, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam) by Lawrence Nelson was convicted of one count of conspiracy to distribute and to possess with intent to distribute more than 50 grams of cocaine base. The District Court calculated Nelson's …

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard) by Here, after two prior reversals and two prior remands from the Supreme Court, the First Circuit finally grudgingly approved a 30-month sentence in a Medicare fraud case due to the post-Gall command …

U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley) by After the United States Supreme Court vacated the Court's prior ruling. reported at 469 F.3d 1166 (8th Cir. Dec. 5, 2006), and remanded the case for reconsideration of defendant's sentence in light …

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson) by On remand from the Supreme Court at 128 S.Ct. 1060 in light of Kimbrough v. U.S., the Eighth Circuit reversed its previous ruling reported at 439 F.3d 826 (8th Cir. Mar. 3, …