Search | Punch and Jurists

U.S. v. Presley, No. 14-2704 (7th Cir.) (790 F.3d 699) (June 11, 2015) (Judge Richard A. Posner)

Article • December 14, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Elderly Defendants

U.S. v. Presley, No. 14-2704 (7th Cir.) (790 F.3d 699) (June 11, 2015) (Judge Richard A. Posner) by In this opinion Judge Posner addressed an issue that, far too often, is totally ignored by sentencing judges who routinely (especially in cases involving drugs, guns or pornography) impose sentences that are …

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace) by The two defendants in this case were convicted of a number of drug and gun charges; and they were sentenced, respectively, to 8,941 months (745 years, 1 month) and 8,955 months (746 …

Harmelin v. Michigan, No. 89-7272 (U.S. Supreme Court) (501 U.S. 957; 111 S.Ct. 2680) (June 27, 1991) (Justice Scalia)

Article • June 7, 2010

Filed under: Punch And Jurists, Disproportionality

Harmelin v. Michigan, No. 89-7272 (U.S. Supreme Court) (501 U.S. 957; 111 S.Ct. 2680) (June 27, 1991) (Justice Scalia) by In this case, a divided Supreme Court found that a life sentence without parole is not disproportionate to the crime of possession of 672 grams of cocaine; and it held …

Rummel v. Estelle, No. 78-6386 (U.S. Supreme Court) (445 U.S. 263; 100 S.Ct. 1133) (March 18, 1980) (Justice Rehnquist)

Article • June 7, 2010

Filed under: Punch And Jurists, Disproportionality

Rummel v. Estelle, No. 78-6386 (U.S. Supreme Court) (445 U.S. 263; 100 S.Ct. 1133) (March 18, 1980) (Justice Rehnquist) by In this case, the Court held that it did not violate the Eighth Amendment for a State to sentence a three-time offender to life in prison with the possibility of …

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell)

Article • September 19, 2005

Filed under: Punch And Jurists, Sentences - Length/Severity of

Solem v. Helm, No. 82-492 (U.S. Supreme Court) (463 U.S. 277; 103 S.Ct. 3001) (June 28, 1983) (Justice Powell) by In this case the Court overturned a life sentence without the possibility of parole imposed for a petty crime, namely uttering a "no account" check for $100 - holding that …

Hutto v. Davis, No. 81-23 (U.S. Supreme Court) (454 U.S. 370; 102 S.Ct. 703) (January 11, 1982) (Per Curiam)

Article • March 16, 2003

Filed under: Punch And Jurists, Disproportionality

Hutto v. Davis, No. 81-23 (U.S. Supreme Court) (454 U.S. 370; 102 S.Ct. 703) (January 11, 1982) (Per Curiam) by In this case, the defendant was sentenced to two consecutive terms of 20 years in prison for possession with intent to distribute nine ounces of marijuana and distribution of marijuana. …

Lockyer v. Andrade, No. 01-1127 (U.S. Supreme Court) (538 U.S. 63; 123 S.Ct. 1166) (March 5, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Disproportionality

Lockyer v. Andrade, No. 01-1127 (U.S. Supreme Court) (538 U.S. 63; 123 S.Ct. 1166) (March 5, 2003) (Justice O'Connor) by Ewing v. California, 538 U.S. 11 (2003) (Justice O’Connor) Lockyer v. Andrade, 539 U.S. 63 (2003) (Justice O’Connor) Both of these cases address the issue of whether lengthy sentences mandated …

Ewing v. California, No. 01-6978 (U.S. Supreme Court) (538 U.S. 11; 123 S.Ct. 1179) (March 5, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Disproportionality

Ewing v. California, No. 01-6978 (U.S. Supreme Court) (538 U.S. 11; 123 S.Ct. 1179) (March 5, 2003) (Justice O'Connor) by Ewing v. California, 539 U.S. 11 (2003) (Justice O’Connor) Lockyer v. Andrade, 539 U.S. 63 (2003) (Justice O’Connor) Both of these cases address the issue of whether lengthy sentences mandated …

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement) by Here the Court held that it was not an abuse of discretion for the district court to impose a 13-year upward departure to a Guideline sentence of 7 years based on the …

U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion) by

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne) by In this case the defendants argued that the district court's finding that their offenses involved over 500 grams of cocaine violated the rule announced by the Supreme Court in Apprendi because it …

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Hawkins v. Hargett, No. 98-5162 (10th Cir.) (200 F.3d 1279) (December 29, 1999) (Judge Stephanie K. Seymour) by This case speaks loudly about America’s concepts of the “evolving standards of decency” - an oft-quoted judicial platitude used to justify many puritanical decisions. The defendant in this case was convicted in …

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 - Length/Severity of

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. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court upheld six year term of supervised release.

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Tocco, No. 96-1282 (2nd Cir.) (135 F.3d 116) (January 16, 1998) (Judge Richard J. Cardamone) by There were many issues raised in this complex appeal from multiple convictions based on arson- homicide, mail fraud and witness tampering; and two of those were issues of first impression in the …

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Rostoff, No. 96-10558-WGY (D.Mass.) (966 F.Supp. 1275) (June 3, 1997) (Judge William G. Young) by At first reading, this case presented Judge Young with the opportunity to present some rather intemperate views about how the Federal Debt Collection Act (18 U.S.C. § 3001 et seq.) should be utilized …

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

Martin v. U.S., No. 95-2033 (7th Cir.) (109 F.3d 1177) (March 19, 1997) (Per Curiam) by Here the Court affirmed a sentencing error that led to a 16-month increase in prison time on the grounds that the increase was not significant - a ruling that Judge Rovner called "repugnant" to …

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Martin, No. 96-1429 (7th Cir.) (100 F.3d 46) (October 28, 1996) (Judge Joel L. Flaum) by Case held that it was an abuse of discretion to impose a sentence for a term greater than the defendant's life expectancy.

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Chabot, No. 95-1255 (2nd Cir.) (70 F.3d 259) (November 15, 1995) (Per Curiam) by Citing a 1992 D.C. Circuit case, the Second Circuit raises an interesting possibility for a downward departure motion on the basis that the sentence violates the Eighth Amendment. It notes that "unless the disproportionality …

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan)

Article • November 1, 1995

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Myers, No. 94-5502 (4th Cir.) (66 F.3d 1364) (October 4, 1995) (Judge Francis D. Jr. Murnaghan) by QUOTE OF THE WEEK - The absurdity of some of the Guideline's enormous sentences. "In my judgment, this sort of massively heavy punishment cannot be justified in a civilized society, unless …