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U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Restitution, Punch And Jurists

U.S. v. Cadet, No. 10-4220-cr (2nd Cir.) (664 F.3d 27) (December 20, 2011) (Judge Jose A. Cabranes) by Tax preparer's conviction on 16 counts of aiding and assisting in the preparation of false federal income tax returns is affirmed, except with respect to certain aspects of the sentence which are …

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Restitution, Punch And Jurists

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes) by Here, a divided en banc court held that Blakely and Booker are inapplicable to both restitution and to forfeiture issues, stating in part: "Because, in our view, restitution under the VWPA and …

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Carruth, No. 04-3568 (8th Cir.) (418 F.3d 900) (August 15, 2005) (Judge Diana E. Murphy) by Defendant pled guilty to conspiracy to make and possess counterfeit commercial checks. The United States District Court for the Eastern District of Arkansas sentenced defendant to time served (approximately six months) and …

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner) by [*NOTE: The prior related decision in this case was originally incorrectly reported sub nom. U.S. v. MuffLEman, 327 F.Supp.2d 79 (D.Mass. Jul6 26, 2004) - not MuffELman (which is the correct spelling). …

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 04-4277 (10th Cir.) (428 F.3d 1300) (November 16, 2005) (Judge Paul J. Jr. Kelly) by

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell) by Here the Court concluded that the Sixth Amendment right to a jury trial, "as expansively interpreted in Blakely, does not extend to restitution awards. Two separate justifications support this conclusion. First, restitution is …

U.S. v. Patrick V., No. 03-2138 (1st Cir.) (359 F.3d 3) (February 19, 2004) (Judge Frank M. Coffin)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Patrick V., No. 03-2138 (1st Cir.) (359 F.3d 3) (February 19, 2004) (Judge Frank M. Coffin) by Here the Court upheld a huge restitution order against a juvenile offender, after summarily dismissing his concerns that such an order was so burdensome as to be inimical with the rehabilitative …

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker) by

U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Behrman, No. 00-2563 (7th Cir.) (235 F.3d 1049) (December 22, 2000) (Judge Frank H. Easterbrook) by

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Restitution, Punch And Jurists

U.S. v. Blackburn, No. CIV 99-40135 (D.S.D.) (105 F.Supp.2d 1067) (July 6, 2000) (Judge Lawrence L. Piersol) by This is the first case we have seen in which a court granted a downward departure on its own motion so the court could impose a sentence of probation rather than a …

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Restitution, Punch And Jurists

U.S. v. Szarwark, No. 98-1968 (7th Cir.) (168 F.3d 993) (February 18, 1999) (Judge William J. Bauer) by In this case the defendant, a lawyer, stole money from the law firm Barnes & Thornburg, where he was a partner. He accomplished this crime by sending legitimate bills to clients but …

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Restitution, Punch And Jurists

Blaik v. U.S., No. 94-8323 (11th Cir.) (161 F.3d 1341) (December 4, 1998) (Judge John C. Godbold) by The decision reminds us of the story of the chap who got lost in Georgia. His plight was explained to a native Georgian who, after pondering the problem for some time, finally …

U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Restitution, Punch And Jurists

U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay) by This case is about a Government scam fueled by pomposity and pretense. Here, the sole victim of the defendant's criminal conduct met with a bevy of Government officials before the defendant …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Restitution, Punch And Jurists

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Court rejected a two level acceptance of responsibility where lower court relied on factors unrelated to defendant's guilt, including belief that a longer sentence would damage his law practice and thus constitute …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Restitution, Punch And Jurists

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Here the Ninth Circuit joins the Second, Fourth, Sixth and Seventh Circuits in holding that a sentencing judge may not grant a downward departure under U.S.S.H. § 5K2.0 in order to facilitate …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder)

Article • July 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder) by Case held that while a check kiter is entitled to a reduction for any funds actually available in the accounts on which the checks were drawn, he is not entitled to a …