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Article • August 1, 1998 • from P&J August, 1998
U.S. v. Pluta, No. 97-5026 (6th Cir.) (144 F.3d 968) (May 22, 1998) (Judge Ronald Lee Gilman) by Case approved an upward departure based in part on endangering the public welfare under USSG § 5K2.14; and listed (on page 979) a number of cases where that enhancement had been approved. …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Terry, No. 96-4919 (4th Cir.) (142 F.3d 702) (April 22, 1998) (Judge Karen J. Williams) by Here the Court vacated an upward departure based on USSG § 5K2.14 (endangering the public welfare) based on the district court's analysis that the reckless driving endangered every driver in a eight …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Moses, No. 95-6066 (6th Cir.) (106 F.3d 1273) (February 13, 1997) (Judge Danny J. Boggs) by What does a judge do if she is about to sentence a defendant who she believes to be dangerously deranged, but who has already been held in pre-trial incarceration for such a …
Article • January 1, 1994
U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by Here the defendant claimed that the court erroneously applied U.S.S.G. § 5K2.14 (Public Welfare) in increasing his offense level by an additional point. He argued that § 5K2.14 is only appropriate in …