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Article • December 1, 1999 • from P&J December, 1999
U.S. v. Amster, No. 98-7625 (3rd Cir.) (193 F.3d 779) (October 7, 1999) (Judge Anthony J. Scirica) by Here the Court rejected the defendant'c claim that a prior nolo contendere plea should not be counted towards his criminal history category, citing the express language of Application Note 9 to USSG …
Article • September 1, 1998 • from P&J September, 1998
Werber v. U.S., No. 95-2668, No. 8 (2nd Cir.) (149 F.3d 172) (July 27, 1998) (Judge Dennis G. Jacobs) by Here, the Court acknowledged that the Circuit courts are split over whether a district court has authority, pursuant to USSG § 5K2.0, to depart downward to effectuate a federal sentence …
Article • May 1, 1998 • from P&J May, 1998
U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen) by Disagreeing with U.S. v. McHan, 101 F.3d 1027, 1040 (4th Cir. 1996), the Court held that a district court has the authority under § 5K2.0 to depart downward to reflect a discharged …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Hines, No. 96-3134 (10th Cir.) (133 F.3d 1360) (January 16, 1998) (Judge Michael R. Murphy) by
Article • October 1, 1997 • from P&J October, 1997
U.S. v. Messino, No. 96-1718 (7th Cir.) (122 F.3d 427) (August 20, 1997) (Judge Jesse E. Eschbach) by Court held that reversal of convictions also operated to vacate forfeitures ordered on the basis of such convictions.