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U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman)

Article • December 1, 2012

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cassesse, No. 10-2210-cr (2nd Cir.) (685 F.3d 186) (July 11, 2012) (Judge Jon O. Newman) by Sentencing for racketeering conviction and for violation of supervised release is affirmed over defendant's contention that his twelve months of imprisonment imposed for the supervised release violation should have been subtracted from …

U.S. v. Tejada, No. 07-3419-cr (L) (2nd Cir.) (631 F.3d 614) (February 9, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Tejada, No. 07-3419-cr (L) (2nd Cir.) (631 F.3d 614) (February 9, 2011) (Judge Reena Raggi) by [Editor's Note: For a commentary on this decision, see "Abbott Hole," by Steve Statsinger, as posted on the Second Circuit Blog on February 19, 2011 at http://circuit2.blogspot.com/2011/02/abbott-hole.html as follows: "The defendant here …

Abbott v. U.S., No. 09-479 (U.S. Supreme Court) (562 U.S. 8; 131 S.Ct. 18) (November 15, 2010) (Justice Ginsburg)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

Abbott v. U.S., No. 09-479 (U.S. Supreme Court) (562 U.S. 8; 131 S.Ct. 18) (November 15, 2010) (Justice Ginsburg) by Here a unanimous Court held that defendants convicted of possession of a gun while selling drugs are subject to the five year mandatory minimum sentence on top of any other …

U.S. v. Parker, No. 08-4199-cr (2nd Cir.) (577 F.3d 143) (August 14, 2009) (Judge Reena Raggi)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Parker, No. 08-4199-cr (2nd Cir.) (577 F.3d 143) (August 14, 2009) (Judge Reena Raggi) by Sentence for drug crimes is affirmed where: 1) the district court did not err in imposing consecutive prison terms under 18 U.S.C. § 924(c)(1)(A)(i) as the Whitley/Williams rule has no bearing on this …

U.S. v. Ballard, No. 08 CR 62(JSR) (S.D.N.Y.) (599 F.Supp.2d 539) (March 2, 2009) (Judge Jed S. Rakoff)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Ballard, No. 08 CR 62(JSR) (S.D.N.Y.) (599 F.Supp.2d 539) (March 2, 2009) (Judge Jed S. Rakoff) by This is another in a series of recent decisions from the Second Circuit in which a court has refused to go along with the Government’s desire to squeeze out the maximum …

U.S. v. Williams, No. 07-2436-cr (2nd Cir.) (558 F.3d 166) (March 5, 2009) (Judge Rosemary S. Pooler)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Williams, No. 07-2436-cr (2nd Cir.) (558 F.3d 166) (March 5, 2009) (Judge Rosemary S. Pooler) by Here, the Second Circuit held that a mandatory minimum sentence for gun possession or gun use may not be stacked on top of any other greater mandatory minimum penalty for the same …

U.S. v. Easter, No. 07-2433 (7th Cir.) (553 F.3d 519) (January 16, 2009) (Per Curiam)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Easter, No. 07-2433 (7th Cir.) (553 F.3d 519) (January 16, 2009) (Per Curiam) by U.S. v. Williams, 558 F.3d 116 (2nd Cir. Mar. 3, 2009) (Judge Pooler) U.S. v. Easter, 553 F.3d 519 (7th Cir. Jan. 16, 2009) (Per Curiam) These two decisions relate to the meaning and …

U.S. v. Whitley, No. 06-0131-cr (2nd Cir.) (529 F.3d 150) (June 16, 2008) (Judge Jon O. Newman)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Whitley, No. 06-0131-cr (2nd Cir.) (529 F.3d 150) (June 16, 2008) (Judge Jon O. Newman) by A sentence imposing concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a consecutive mandatory minimum term of 10-years for discharging a firearm, …

U.S. v. Revels, No. 05-4142 (4th Cir.) (455 F.3d 448) (May 1, 2006) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Alternative Sentences

U.S. v. Revels, No. 05-4142 (4th Cir.) (455 F.3d 448) (May 1, 2006) (Judge J. Harvie III Wilkinson) by Here the Court discussed at some length the concept of admissions and the impact of an alternative sentence during the Blakely-Booker interregnum. Here are the basics from the start of the …

U.S. v. Booker, No. 04-3152 (D.C. Cir.) (436 F.3d 238) (February 3, 2006) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Alternative Sentences

U.S. v. Booker, No. 04-3152 (D.C. Cir.) (436 F.3d 238) (February 3, 2006) (Judge David B. Sentelle) by In this case, the defendant Charles Booker (no relation to the defendant in the Supreme Court’s Booker case) was convicted and sentenced for distribution of crack and constructive possession of a gun. …

U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Shaw, No. 00-4649 (4th Cir.) (313 F.3d 219) (December 16, 2002) (Judge William B. Jr. Traxler) by U.S. v. Cordero, 313 F.3d 161 (3rd Cir. 2002) (Judge McKee) U.S. v. Shaw, 313 F.3d 219 (4th Cir. 2002) (Judge Traxler) Both of these cases address an interesting question: when …

U.S. v. Cordero, No. 01-2437 (3rd Cir.) (313 F.3d 161) (December 17, 2002) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cordero, No. 01-2437 (3rd Cir.) (313 F.3d 161) (December 17, 2002) (Judge Theodore A. McKee) by U.S. v. Cordero, 313 F.3d 161 (3rd Cir. 2002) (Judge McKee) U.S. v. Shaw, 313 F.3d 219 (4th Cir. 2002) (Judge Traxler) Both of these cases address an interesting question: when a …

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam) by The defendant in this case, who was originally sentenced to three years of probabtion, appealed her sentence of 24 months in prison, imposed by the United States District Court for the Northern District of …

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin) by Here the Court held that the letter grade of an offense used in 18 USC § 3559 and USSG § 5D1,2(a) to determine the length of a term of supervised release is …

U.S. v. Outen, No. 97-1103 (2nd Cir.) (286 F.3d 622) (April 12, 2002) (Judge Sonia Sotomayor)

Article • April 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Outen, No. 97-1103 (2nd Cir.) (286 F.3d 622) (April 12, 2002) (Judge Sonia Sotomayor) by In this case, the Second Circuit addressed what it termed "two important questions arising from the Supreme Court's landmark decision in Apprendi . . . and this circuit's application of that decision to …

U.S. v. Fowlkes, No. 4:01CR000163-01 GH (E.D.Ark.) (183 F.Supp.2d 1136) (January 18, 2002) (Judge George Jr. Howard)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Fowlkes, No. 4:01CR000163-01 GH (E.D.Ark.) (183 F.Supp.2d 1136) (January 18, 2002) (Judge George Jr. Howard) by This decision addresses one of those classic conflicts between two inconsistent provisions of Federal sentencing law, namely 18 U.S.C. §§ 3561(a)(1) and 3553(e). Section 3561(a)(1) [and U.S.S.G. § 5B1.1(b)(1)] provide that a …

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs) by A mere six days after the Second Circuit released its long-awaited, but disappointingly timorous, en banc decision in U.S. v. Thomas, No. 98-1051 (2nd Cir. 12/12/2001) (see P&J, 11/26/01), a panel of …

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam) by Although supervised release is now an obligatory component of virtually every Federal sentence, it is sometimes amazing how much confusion reigns at sentencing about some very basic issues - including the scope and permissible …

U.S. v. Barragan, No. 00-30335 (9th Cir.) (263 F.3d 919) (August 29, 2001) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Barragan, No. 00-30335 (9th Cir.) (263 F.3d 919) (August 29, 2001) (Judge Arthur L. Alarcon) by The defendant in this case argued that the district court plainly erred under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), by sentencing …

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott) by Here the Court held that a sentence of supervised release in excess of the statutory maximum based on a determination of the quantity of drugs by a preponderance of the evidence was …