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Article • November 2, 2015 • from P&J November, 2015
U.S. v. Anderson, No. 14-5741 (6th Cir.) (795 F.3d 613) (August 4, 2015) (Judge Gilbert S. Merritt) by The primary question addressed in this sentencing appeal was whether the defendant, Lameisha Anderson, had the requisite intent to be held responsible, under the "murder cross-reference" enhancement of U.S.S.G. § 2D1.1(d) for …
Article • April 1, 2003 • from P&J April, 2003
U.S. v. Hansen, No. Crim. No. 01-10196-NG (D.Mass.) (256 F.Supp.2d 65) (February 14, 2003) (Judge Nancy Gertner) by The defendant in this case and a co-defendant stole a vehicle, which was later used in the robbery of an armed car and in the death of an armored guard. Although defendant …
Article • February 1, 2003 • from P&J February, 2003
U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher) by Where a drug quantity finding as to reasonable foreseeability or scope of a conspiracy exposes a conspirator to a higher statutory maximum than he otherwise would face, that finding must be made …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Molina, No. 96-1260(L) (2nd Cir.) (106 F.3d 1118) (February 12, 1997) (Judge Jon O. Newman) by Court held that Judge Weinstein erred as a matter of law in holding that it was not reasonably forseeable that the defendant's co-conspirators would discharge their weapons during a robbery.
Article • January 1, 1997 • from P&J January, 1997
U.S. v. Strange, No. 96-1244 (8th Cir.) (102 F.3d 356) (December 13, 1996) (Judge Floyd R. Gibson) by Here the Court held that reasonable foreseeability "is completely immaterial" to the analysis of relevant conduct and therefore when a defendant personally participates in a drug transaction, the foreseeability of the drug …
Article • October 1, 1996 • from P&J October, 1996
U.S. v. Chalarca, No. 96-1171, No. 1942 (2nd Cir.) (95 F.3d 239) (September 12, 1996) (Judge Roger J. Miner) by This drug sentencing case focuses on the subtle distinctions between subsections (1)(A) and (1)(B) of U.S.S.G. § 1B1.3 (relevant conduct). Under subsection (1)(A) a defendant is accountable for all quantities …
Article • January 1, 1995
U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald) by While this decision is neither significant nor scintillating, it does review two important issues that arise frequently in criminal trials; namely, the introduction into evidence of "other bad acts" of the defendant …