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U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer) by The Fourth Circuit addressed an important sentencing issue in these two consolidated cases - namely whether a defendant’s failure to raise any objections to facts stated in his presentence reports constitutes an …

U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist)

Article • September 8, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist) by In this case, the respondent inmates sued under the Freedom of Information Act (FOIA), 5 U.S.C.S. § 552, for disclosure of their presentence investigation reports after their …

U.S. v. Arroyo, No. 03-3113 (7th Cir.) (406 F.3d 881) (May 5, 2005) (Judge Joel L. Flaum)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Arroyo, No. 03-3113 (7th Cir.) (406 F.3d 881) (May 5, 2005) (Judge Joel L. Flaum) by

U.S. v. Robinson, No. 1:01-CR-131(lek) (N.D.N.Y.) (357 F.Supp.2d 523) (February 23, 2005) (Judge Lawrence E. Kahn)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Robinson, No. 1:01-CR-131(lek) (N.D.N.Y.) (357 F.Supp.2d 523) (February 23, 2005) (Judge Lawrence E. Kahn) by Many defense lawyers are reluctant to fight too hard to correct what they consider to be insignificant inaccuracies that often appear in a presentence report (PSI). They assume (understandably) that (a) raising such …

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam) by Here the Court held that the district court had erred in ruling that the defendant/inmate had no rights under the FOIA to obtain a copy of his presentence report while in prison, a ruling …

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nelson-Rodriguez, No. 00-1422 (1st Cir.) (319 F.3d 12) (February 7, 2003) (Judge Sandra L. Lynch) by Among the many issues raised in this lengthy drug conspiracy appeal, the Court addressed a claim made by Luis Caribe, one of the nine defendants whose appeals were consolidated in this case. …

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell) by Although the Court ultimately held there was no reversible eror, it did hold that when a district court intends to rely on a document other than the PSI at sentencing, it must …

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin) by In holding that the district court's failure to comply with Rule 32(c)(3)(A) of the Fed.R.Crim.P. required a remand for a new sentencing, the Court rejected the Government's argument that the defendant …

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Burke, No. 97-3620 (7th Cir.) (148 F.3d 832) (July 2, 1998) (Judge Michael S. Kanne) by Case held that for uncontroverted matters set forth in the Presentence Report, the district court need not make any independent findings of fact and may rely on the conclusions and findings in …

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Faucett, No. CR 2:97-00147-01 (S.D.W.Va.) (990 F.Supp. 471) (January 15, 1998) (Judge Charles H. II Haden) by While the brief decision in this case is neither lengthy nor precedent-setting, it does address a frequently raised issue: When is a defendant entitled to review the presentence reports of co-defendants …

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Trevino, No. 95-5359 (4th Cir.) (89 F.3d 187) (July 12, 1996) (Judge Kenneth K. Hall) by Case explored the history of disclosure of presentence reports and cited numerous cases to support its conclusion that disclosure of the presentence reports of seven government witnesses was not warranted in this …

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Petty, No. 94-30394 (9th Cir.) (80 F.3d 1384) (April 10, 1996) (Judge William W. Schwarzer) by In this case the Ninth Circuit vacated a sentence because the court had not properly determined whether the defendant and his counsel had the opportunity to read and discuss an amendment to …

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Archer, No. 93-2216 (10th Cir.) (70 F.3d 1149) (November 21, 1995) (Judge James K. Logan) by Here the Court found that the defendant had suffered no prejudice from a violation of Rule 32(a)(1), requiring the court to ascertain that the defendant and his counsel had an opportunity to …

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz)

Article • October 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Morsley, No. 94-5203 (4th Cir.) (64 F.3d 907) (August 31, 1995) (Judge Diana Gribbon Motz) by Here's another case that affirms the validity of local court rules that limit the time period within which a defendant must raise objections to his PSI Report. In this case, the local …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr)

Article • July 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that Rule 32(c)(3)(D) is not triggered by a claim of legal error - there must be a claim of some factual inaccuracy in the Presentence Report.

U.S. v. Huckaby, No. 94-41200 (5th Cir.) (43 F.3d 135) (January 12, 1995) (Judge Edith H. Jones)

Article • February 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Huckaby, No. 94-41200 (5th Cir.) (43 F.3d 135) (January 12, 1995) (Judge Edith H. Jones) by The Court articulated three compelling reasons underlying the need for confidentiality of a Presentence Report: "First, the defendant has a privacy interest in the presentence report because it reveals not only details …

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins)

Article • January 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins) by This is one of the many sentencing cases involving the pretend rules that apply at sentencing. Rule 32(c) (3)(A) provides that "before imposing sentence, the court must verify that the defendanၴ …