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U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein)

Article • February 27, 2017 • from P&J February, 2017

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein) by This is the third in a series of remarkable decisions sentencing decisions recently authored by Judge Weinstein, each of which demonstrate compassionate and creative ways of addressing “the excessive incarceratory terms recommended by …

U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum) by In U.S. v. Thompson, 777 F.3d 368, 373 (7th Cir. June 13, 2015)(P&J, 05/25/15), Circuit Judge Richard Posner went on a tirade when blasted the mindless and senseless imposition of more and …

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne) by U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (Judge Richard A. Posner) U.S. v. Sewell, 780 F.3d 839 (7th Cir. March 13, 2015) (Judge Michael S. Kanne) These two …

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis) by This decision, one of 26 separate rulings issued by Judge Garaufis that relate to the death penalty that was imposed on Ronell Wilson under the Federal Death Penalty Act, contains the Court's …

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones) by The defendant in this case pled guilty to illegal reentry into the United States after a previous deportation. At a criminal history category II, his pre-Booker Guideline sentencing range was 27-to-33 months. …

U.S. v. Williams, No. 05-11318 (11th Cir.) (431 F.3d 767) (November 30, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Appellate Jurisdiction/Review

U.S. v. Williams, No. 05-11318 (11th Cir.) (431 F.3d 767) (November 30, 2005) (Per Curiam) by

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. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy) by Defendant pled guilty to illegal reentry following deportation, and he was sentenced to 46 months imprisonment. The District Court found that the defendant's criminal history category VI did not adequately reflect the …

O'Sullivan v. Boerckel, No. 97-2048 (U.S. Supreme Court) (526 U.S. 838; 119 S.Ct. 1728) (June 7, 1999) (Justice O'Connor)

Article • January 21, 2002

Filed under: Punch And Jurists, Appellate Jurisdiction/Review

O'Sullivan v. Boerckel, No. 97-2048 (U.S. Supreme Court) (526 U.S. 838; 119 S.Ct. 1728) (June 7, 1999) (Justice O'Connor) by Here the Court held that before a state prisoner files a Federal habeas petition, he or she must "give the state courts one full oportunity to resolve any constitutional issues …

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy) by If the Guideline sentencing range for a particular defendant exceed 24 months, the law quite clearly requires a sentencing judge to state in open court, at the time of sentencing, its reasons …

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. Hargrett, No. 97-1205 (2nd Cir.) (156 F.3d 447) (September 29, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Hargrett, No. 97-1205 (2nd Cir.) (156 F.3d 447) (September 29, 1998) (Judge Ralph K. Jr. Winter) by Court held that permitting a defendant to appeal from a downward departure simply because the district court fails to state the reasons therefore, would impermissibly erode the jurisdictional limitation contained in …

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 …