Punch and Jurists

U.S. v. Burgos, No. 00-13779 (11th Cir.) (276 F.3d 1284) (December 21, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that the Guidelines do not authorize a sentencing court to penalize a defendant for refusing to cooperate with the Government in a criminal investigation unrelated to the offense …

U.S. v. Rivera, No. 98-1651(L) (2nd Cir.) (196 F.3d 144) (November 22, 1999) (Judge John M. Jr. Walker) by Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That provision …

U.S. v. Rivera (Walden), No. 98-1651(L) (2nd Cir.) (201 F.3d 99) (November 22, 1999) (Judge John M. Jr. Walker) by Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That …

U.S. v. Nunez-Rodriguez, No. 95-1887 (1st Cir.) (92 F.3d 14) (August 14, 1996) (Judge Conrad K. Cyr) by This decision contains a detailed review of a frequently recurring and important issue: Can a defendant qualify for an "acceptance of responsibility" sentence reduction under § 3E1.1 of the Guidelines without becoming …

U.S. v. Klotz, No. 91-1149 (7th Cir.) (943 F.2d 707) (September 9, 1991) (Judge Frank H. Easterbrook) by Here the Court held that USSG § 5K1.2 (Refusal to Assist) applies only to departures from the otherwise applicable Guideline range; and thus does is irelevant to the imposition of sentences within …