Punch and Jurists

U.S. v. Cordoba-Murgas, No. 98-1280 (2nd Cir.) (233 F.3d 704) (December 5, 2000) (Judge J. Garvin Murtha) by Here a panel held that it is error for a district court to require the Government to prove certain uncharged facts at sentencing by a clear and convincing standard of proof rather …

U.S. v. Murgas, No. 95-CR-384 (N.D.N.Y.) (31 F.Supp.2d 245) (December 15, 1998) (Judge Howard G. Munson) by The defendants in this case were convicted of various drug trafficking crimes; and their suggested sentences under the Guidelines were already severe. The Government, however, wanted more; and so it asked the Court …

U.S. v. Gigante, No. 93-1260(l), No. 381 (2nd Cir.) (94 F.3d 53) (August 26, 1996) (Judge Ralph K. Jr. Winter) by Although the Second Circuit, in this case, confirmed the general proposition that a sentencing court may increase a defendant's sentence for unconvicted conduct based on proof by a preponderance …