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U.S. v. Bollinger, No. 17-1728 (8th Cir.) (893 F.3d 1123) (July 2, 2018) (Judge Steven M. Colloton)

Article • September 24, 2018 • from P&J September, 2018

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Bollinger, No. 17-1728 (8th Cir.) (893 F.3d 1123) (July 2, 2018) (Judge Steven M. Colloton) by

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner) by This is a rare sentencing case that proves that it’s never too late to seek appellate review of a sentence. Here, the defendant, Terry Taylor, was originally sentenced in 2005 to a …

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne)

Article • July 13, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Warner, No. 14-1330 (7th Cir.) (792 F.3d 847) (July 10, 2015) (Judge Michael S. Kanne) by Can a really rich defendant buy his way out of prison in the year 2015? That’s essentially the essence of the question that the Seventh Circuit addressed in this case; and it …

U.S. v. Dowell, No. 13-4576 (4th Cir.) (771 F.3d 162) (November 13, 2014) (Judge Paul W. Grimm)

Article • February 2, 2015 • from P&J February, 2015

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Dowell, No. 13-4576 (4th Cir.) (771 F.3d 162) (November 13, 2014) (Judge Paul W. Grimm) by

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs) by Sentence to five years’ probation and assessing $45,398 in restitution for offenses arising from his malfeasance as an air monitor for asbestos abatement projects is vacated and remanded for re-sentencing because the …

U.S. v. Scott, No. 12-3131 (8th Cir.) ( F.3d ) (October 22, 2013) (Judge William J. Riley)

Article • November 4, 2013 • from P&J November, 2015

Filed under: Punch And Jurists, Parsimony Principle or Clause

U.S. v. Scott, No. 12-3131 (8th Cir.) ( F.3d ) (October 22, 2013) (Judge William J. Riley) by In 18 U.S.C. § 3553(a), Congress directed that sentencing courts “shall impose a sentence sufficient, but not greater than necessary” to comply with the purposes set forth in paragraph (2) of that …

U.S. v. Reingold, No. 11-2826-cr (2nd Cir.) (731 F.3d 204) (September 26, 2013) (Judge Reena Raggi)

Article • October 7, 2013 • from P&J October, 2013

Filed under: Punch And Jurists, Child Pornography

U.S. v. Reingold, No. 11-2826-cr (2nd Cir.) (731 F.3d 204) (September 26, 2013) (Judge Reena Raggi) by U.S. v. Reingold, No. 11-2826-cr (2nd Cir. Sept. 26, 2013) (Judge Reena Raggi) U.S. v. C.R., No. 09-CR-155 (E.D.N.Y. Sept, 26, 2013) (Judge Jack Weinstein) In the December 16, 2011 issue of P&J, …

U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (972 F.Supp.2d 457) (September 26, 2013) (Judge Jack B. Weinstein)

Article • October 7, 2013 • from P&J October, 2013

Filed under: Punch And Jurists, Child Pornography

U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (972 F.Supp.2d 457) (September 26, 2013) (Judge Jack B. Weinstein) by U.S. v. Reingold, No. 11-2826-cr (2nd Cir. Sept. 26, 2013) (Judge Reena Raggi) U.S. v. C.R., No. 09-CR-155 (E.D.N.Y. Sept, 26, 2013) (Judge Jack Weinstein) In the December 16, 2011 issue of P&J, …

U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore) by U.S. v. Howley, 707 F.ed 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …

U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton) by U.S. v. Howley, 707 F.3d 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton) U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore) In these two …

U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Child Pornography

U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black) by This case is noted for its brilliant and comprehensive analysis of one of the most frequently used, but most contentious, provisions of the Guidelines dealing with the receipt of child …

U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Child Pornography

U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam) by The defendant in this case, David Craig, pled guilty to four counts of producing child pornography in violation of 18 U.S.C. § 2251(a). Because Craig’s total offense level was 43, his guidelines sentence for …

U.S. v. Broxmeyer, No. 10-5283-cr (2nd Cir.) (699 F.3d 265) (August 28, 2012) (Judge Reena Raggi)

Article • December 1, 2012

Filed under: Punch And Jurists, Child Pornography

U.S. v. Broxmeyer, No. 10-5283-cr (2nd Cir.) (699 F.3d 265) (August 28, 2012) (Judge Reena Raggi) by In a conviction of a former high school athletic coach for attempting to produce child pornography and possessing child pornography, district court's imposition of a 30-year prison sentence is affirmed where: 1) defendant …

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Oehne, No. 11-2286-cr (2nd Cir.) (698 F.3d 118) (October 25, 2012) (Per Curiam) by In appeal from a judgment of conviction and sentence of 540 months' imprisonment for the production and distribution of child pornography, judgment is affirmed where: 1) district court did not err in determining that …

U.S. v. Zauner, No. 12-1007 (8th Cir.) (688 F.3d 426) (August 16, 2012) (Judge Diana E. Murphy)

Article • November 12, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Parsimony Principle or Clause

U.S. v. Zauner, No. 12-1007 (8th Cir.) (688 F.3d 426) (August 16, 2012) (Judge Diana E. Murphy) by This case is noted for Judge Bright's dissent in which he argued that an 18 year sentence for child pornography was both excessive and erroneous because it was not sufficiently based on …

U.S. v. White Twin, No. 11-3206 (8th Cir.) (682 F.3d 773) (June 27, 2012) (Judge William Duane Benton)

Article • July 9, 2012 • from P&J July, 2012

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. White Twin, No. 11-3206 (8th Cir.) (682 F.3d 773) (June 27, 2012) (Judge William Duane Benton) by

U.S. v. Bistline, No. 10-3106 (6th Cir.) (665 F.3d 758) (January 9, 2012) (Judge Raymond M. Kethledge)

Article • February 6, 2012 • from P&J February, 2012

Filed under: Punch And Jurists, Substantive Reasonableness

U.S. v. Bistline, No. 10-3106 (6th Cir.) (665 F.3d 758) (January 9, 2012) (Judge Raymond M. Kethledge) by Here the Court held that the child pornography guidelines, which are based upon a patchwork of congressional enactments and directives to the Commission, were entitled to even more deference than those issued …

U.S. v. Jayyousi, No. 08-10494 (11th Cir.) (657 F.3d 1085) (September 19, 2011) (Judge Joel F. Dubina)

Article • October 3, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Substantive Reasonableness

U.S. v. Jayyousi, No. 08-10494 (11th Cir.) (657 F.3d 1085) (September 19, 2011) (Judge Joel F. Dubina) by Here a divided panel from the 11th Circuit vacated, as too lenient, the 17½ year sentence imposed on Jose Padilla after his conviction on various terrorism crimes in Florida, calling the sentence …

U.S. v. Preacely, No. 09-2580-cr (2nd Cir.) (628 F.3d 72) (December 21, 2010) (Judge J. Clifford Wallace)

Article • December 27, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Preacely, No. 09-2580-cr (2nd Cir.) (628 F.3d 72) (December 21, 2010) (Judge J. Clifford Wallace) by This is another sentencing decision involving the appropriate sentence for a low-level crack dealer who was arrested in possession of 14.4 grams of crack cocaine and 1.32 grams of marijuana. The distinguishing …

U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner)

Article • September 6, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner) by Defendant's drug conspiracy sentence is affirmed where 1) the district court did not err in calculating the base offense level for defendant’s conviction in Count Two, conspiracy to launder money, by considering …