Search | Punch and Jurists

U.S. v. Farr, No. 04-3502 (7th Cir.) (419 F.3d 621) (August 17, 2005) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Farr, No. 04-3502 (7th Cir.) (419 F.3d 621) (August 17, 2005) (Judge Joel L. Flaum) by The defendant was convicted of bank fraud and related crimes; and he was sentenced to 27 months in prison and five years of supervised release. Upon his release from prison, the Probation …

U.S. v. Addonizio, No. 78-156 (U.S. Supreme Court) (442 U.S. 178; 99 S.Ct. 2235) (June 4, 1979) (Justice Stevens)

Article • September 17, 2004

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Addonizio, No. 78-156 (U.S. Supreme Court) (442 U.S. 178; 99 S.Ct. 2235) (June 4, 1979) (Justice Stevens) by In this case, the petitioner requested the sentencing court, by means of a motion under 28 U.S.C. § 2255, to reduce his sentence on the theory that subsequent developments had …

U.S. v. Torres, No. 00-5209 (3rd Cir.) (251 F.3d 138) (May 22, 2001) (Judge Richard L. Nygaard)

Article • June 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Torres, No. 00-5209 (3rd Cir.) (251 F.3d 138) (May 22, 2001) (Judge Richard L. Nygaard) by Each week, out of the 70-odd new criminal decisions published by the Federal courts, there are, on average and by our count, some 10% of those cases that involve claims by defendants …

Zakiya v. Reno, No. Civ.A. 98-1516-AM (E.D.Va.) (52 F.Supp.2d 629) (May 4, 1999) (Judge Leonie M. Brinkema)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

Zakiya v. Reno, No. Civ.A. 98-1516-AM (E.D.Va.) (52 F.Supp.2d 629) (May 4, 1999) (Judge Leonie M. Brinkema) by The petitioner in this case was convicted of tax evasion and was sentenced to 16 months in prison, a $25,000 fine and three years of supervised release. He began his sentence on …

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Lippitt, No. 98-2385 (7th Cir.) (180 F.3d 873) (June 16, 1999) (Judge Joel L. Flaum) by In the words of the Court, this case "is a challenge to the district court's decision to add forty-seven months to Kenneth Lippitt's prison term for failing to pay a criminal fine …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Washington, No. 96-50359 (9th Cir.) (172 F.3d 1116) (April 12, 1999) (Judge Edward Leavy)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Washington, No. 96-50359 (9th Cir.) (172 F.3d 1116) (April 12, 1999) (Judge Edward Leavy) by In its previous decision vacating the sentence that was imposed, the Court stated: "We therefore vacate Washington's sentence and remand for the limited purpose of recalculating his base offense level under section 2J1.2, …

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. West, No. Crim. No. 94-0102 (JHG) (D.D.C.) (31 F.Supp.2d 7) (December 21, 1998) (Judge Joyce Hens Green) by Apparently not satisfied with its already virtually unbounded control over the lives of probationers, the Probation Office in this case made the novel request to extend the defendant's period of …

U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Hicks, No. 96-3288 (10th Cir.) (146 F.3d 1198) (June 9, 1998) (Judge Deanell R. Tacha) by This is another case that deals with the authority of the district courts to resentence a defendant on counts that were never challenged, after a successful appeal on some of the original …

U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Watkins, No. 97-2224 (11th Cir.) (147 F.3d 1294) (July 28, 1998) (Judge Joel F. Dubina) by In this case the Eleventh Circuit joined a majority of Circuits in holding that the district court had the authority, following a successful Bailey appeal to resentence the defendant on the remaining …

U.S. v. Johnson, No. 97-3360 (8th Cir.) (144 F.3d 1149) (May 22, 1998) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Johnson, No. 97-3360 (8th Cir.) (144 F.3d 1149) (May 22, 1998) (Judge Diana E. Murphy) by Citing Texas v. McCullough, 475 U.S. 134 (1986), the Court held that the imposition of a more stringent sentence upon resentencing is not improper when it is based on newly obtained information …

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Rhodes, No. 97-3131 (D.C. Cir.) (145 F.3d 1375) (June 19, 1998) (Judge David S. Tatel) by Clarifying its earlier decision in U.S. v. Whren, the D.C.Circuit held that on a remand the defendant could raise new issues which were based on facts that were not even existing at …

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza) by This is an interesting drug case in which the Fifth Circuit first vacated a drug conviction for possession with intent to distribute because the Government had failed to prove anything but simple …

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley) by Court upheld the authority of Probation Officers to file petitions to revoke supervised release. In the May 19, 1997 issue of Punch and Jurists (Vol. 4, No. 20) we reported on a case, …

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart) by Here the Court held that the district court lacked jurisdiction to modify the original sentence imposed, even though the district court granted the defendant's motion to stay entry of the judgment and …

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Bridges, No. 96-30963 (5th Cir.) (116 F.3d 1110) (June 27, 1997) (Judge Carl E. Stewart) by Although many cases show that when the Government wants to have a previously imposed sentence increased the courts will jump through hoops to stretch the law, this case shows that when a …

U.S. v. Smith, No. 96-3415 (10th Cir.) (116 F.3d 857) (June 27, 1997) (Judge Deanell R. Tacha)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Smith, No. 96-3415 (10th Cir.) (116 F.3d 857) (June 27, 1997) (Judge Deanell R. Tacha) by Here the Court held that "Precluding the district court from reconsidering the entire sentence after one count of conviction is vacated would be inconsistent with the purposes and structure of the U.S. …

U.S. v. Layman, No. 96-4500 (4th Cir.) (116 F.3d 105) (June 24, 1997) (Judge William W. Jr. Wilkins)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Layman, No. 96-4500 (4th Cir.) (116 F.3d 105) (June 24, 1997) (Judge William W. Jr. Wilkins) by Court held that a sentence is "imposed" when it is pronounced orally at the sentencing hearing; and it thereafter be only be corrected within 7 days for artithemetical, technical or other …

U.S. v. Sjeklocha, No. 96-2642 (11th Cir.) (114 F.3d 1085) (May 30, 1997) (Judge Max Rosenn)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Sjeklocha, No. 96-2642 (11th Cir.) (114 F.3d 1085) (May 30, 1997) (Judge Max Rosenn) by Case held that information that Government had attempted to sell arms to same foreign country that defendant had did not give sentencing court authority to reduce sentence under provisions of old Rule 35(a).

U.S. v. Davis, No. 96-1721 (3rd Cir.) (112 F.3d 118) (April 23, 1997) (Judge Jane A. Restani)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Davis, No. 96-1721 (3rd Cir.) (112 F.3d 118) (April 23, 1997) (Judge Jane A. Restani) by United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg) United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch) United States v. Davis, 112 F.3d 118 (3rd Cir. …