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U.S. v. Mercado-Flores, No. Crim.No. 14-466 (GAG) (D.Puerto Rico) ( F.Supp.3d ) (June 4, 2015) (Judge Gustavo A. Gelpi)

Article • March 28, 2016 • from P&J April, 2016

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Mercado-Flores, No. Crim.No. 14-466 (GAG) (D.Puerto Rico) ( F.Supp.3d ) (June 4, 2015) (Judge Gustavo A. Gelpi) by This is an interesting decision that proves the wisdom of always reading the statute under which your client has been indicted. Here, because of a statutory omission, a defendant who …

U.S. v. Bigley, No. 12-3022 (D.C. Cir.) (786 F.3d 11) (May 15, 2015) (Per Curiam)

Article • August 3, 2015 • from P&J August, 2015

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Bigley, No. 12-3022 (D.C. Cir.) (786 F.3d 11) (May 15, 2015) (Per Curiam) by Detective Timothy Palchak, who the Court described as an “undercover operative” from the Metropolitan Police Department in the District of Columbia, engaged in a private online chat with John Bigley, a 75 year old …

U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt)

Article • June 23, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt) by In another of a long line of brilliant and principled sentencing decisions, Judge Merritt concluded that an above-Guidelines 45 year sentence imposed on a 46 year old serial bank robber was excessive …

U.S. v. Pickard, No. 12-3142 (10th Cir.) (733 F.3d 1297) (November 5, 2013) (Judge David M. Ebel)

Article • January 20, 2014 • from P&J January, 2014

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Pickard, No. 12-3142 (10th Cir.) (733 F.3d 1297) (November 5, 2013) (Judge David M. Ebel) by In 2003, a jury convicted Defendants/Appellants William Pickard and Clyde Apperson of several drug offenses. At the trial, one of Defendants' accomplices, Gordon Todd Skinner, testified against them. Skinner had acted as …

U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson)

Article • October 17, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson) by Here the Court vacated, as procedurally unreasonable, a 192-month sentence on the grounds that the district court did not “expressly consider” 18 U.S.C. § 3553(a)(6) and its directive that sentences must …

U.S. v. Lowe, No. 10-2832 (7th Cir.) (632 F.3d 996) (January 25, 2011) (Judge William J. Bauer)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Lowe, No. 10-2832 (7th Cir.) (632 F.3d 996) (January 25, 2011) (Judge William J. Bauer) by District Judge J. Phil Gilbert of the S.D.Ill. had a “general policy” of routinely refusing to grant any motions, pursuant to 18 U.S.C. § 3583(e)(1), for early termination of supervised release, unless …

U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon)

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

Filed under: Punch And Jurists, Recidivism

U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon) by The 57-year old defendant in this case was a relatively small-time crack dealer who was convicted of distributing crack-cocaine; and his Guideline sentencing range was 168-210 months. After carefully computing …

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Recidivism

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett) by Defendant pled guilty to maintaining a drug establishment in violation of 21 U.S.C. § 856. The court gave notice of its intent to depart upward under U.S. Sentencing Guidelines Manual § 4A1.3 …

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Recidivism

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel) by The Government appealed from an order of Judge Burrage of the N.D.Okla. In which he granted an eight-level departure at sentencing, pursuant to U.S.S.G. § 2G2.4(a), asserting the departure was an abuse …

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Recidivism

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber) by Among the many issues covered in this lengthy decision was the defendant’s appeal from a two-level upward departure in his offense level, pursuant to the provisions of U.S.S.G. § 4A1.3. That vertical …

U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Recidivism

U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor) by In this case the court held that Apprendi's recidivism exception encompasses the issue of whether prior convictions arose from offenses "committed on occasions different from one another." (Id., at 155.) The court first …