Punch and Jurists

U.S. v. O'Brien, No. 08-1569 (U.S. Supreme Court) (560 U.S. 218; 130 S.Ct. 2169) (May 24, 2010) (Justice Kennedy) by The firearm penalty provisions contained in 18 U.S.C. § 924(c)(1) provide for a series of escalating mandatory minimum sentences depending on the manner in which the basic crime is carried …

U.S. v. Lizardo, No. 04-1714 (1st Cir.) (445 F.3d 73) (April 26, 2006) (Judge Juan R. Torruella) by Defendant appealed decisions of the United States District Court for the District of Massachusetts, which convicted him of conspiring to distribute cocaine in violation of 21 U.S.C.S. § 846 and for unlawful …

U.S. v. Malouf, No. 05-2245 (1st Cir.) (466 F.3d 21) (October 13, 2006) (Judge Juan R. Torruella) by Here the Court held that the imposition of a mandatory minimum sentence based on a sentencing court’s determination of the quantity of drugs by a mere preponderance of the evidence did not …

U.S. v. Malouf, No. 03-cr-10298-NG (D.Mass.) (377 F.Supp.2d 315) (June 14, 2005) (Judge Nancy Gertner) by In this decision, Judge Gertner addressed sentencing rights where the defendant pled guilty to a drug conspiracy indictment, leaving the quantity to be determined by the judge through a jury waiver. Over government objection, …