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Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman) by In a case that shows how easy it is to use the bait-and-switch technique in negotiating a plea agreement, the Sixth Circuit held that the prosecutor did not breach the plea agreement …

U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Redemann, No. 03-CR-71 (E.D.Wisc.) (295 F.Supp.2d 887) (December 4, 2003) (Judge Lynn S. Adelman) by This case is noted for Judge Adelman’s thought-provoking analysis of a sentencing departure based on his finding that several of the primary purposes of sentencing had previously been satisfied, a factor that thus …

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch) by Here the Court revisited Judge Harrington’s controversial decision in which he refused to sentence a defendant to a “draconian” Guideline sentence that was ten times greater than the applicable state sentence because …

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Brown, No. 99-6152 (11th Cir.) (224 F.3d 1237) (August 18, 2000) (Judge Charles R. Wilson) by Here the Court held that a sentencing court may consider the rehabilitative needs of a defendant when imposing or determining the length of a term of imprisonment upon mandatory or permissive revocation …

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Aguillard, No. 99-13358 (11th Cir.) (217 F.3d 1319) (July 5, 2000) (Per Curiam) by Here, agreeing with six other Circuits, the Court held that a district court may take into account the availability of rehabilitative programs to increase the length of a sentence upon revocation of supervised release. …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by In this case the Eighth Circuit affirmed a prison sentence of 262 months (21 years and ten months) imposed on a 21-year old Mexican citizen for a drug crime. The defendant’s only prior criminal …

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Alatorre, No. 99-1773 (8th Cir.) (207 F.3d 1078) (March 29, 2000) (Per Curiam) by Quote from an article in the Buffalo Criminal Law Review by two law professors who strongly criticized the Guidelines' as "disfunctional" due to their failure to achieve "honest, wise or equal sentences". QUOTE OF …

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam) by Here the Court rejected a challenge to a sentence on the grounds that the sentence violated the Congressional mandate set forth in 28 USC § 994(g) that the Guidelines must minimize the likelihood that …

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Jones, No. 97-1344 (8th Cir.) (145 F.3d 959) (May 27, 1998) (Judge John B. Jones) by Quote from Judge Bright about the inherent unfairness of sentencing a drug mule, who had a diminished capacity, to a 30 year sentence while some of the drug kingpins got lesser sentences. …

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Coleman, No. 96-1823 (6th Cir.) (138 F.3d 616) (March 11, 1998) (Judge Nathaniel R. Jones) by This decision is one more indication of the racial overtones behind much of the crack-cocaine prosecution policies of the Government. ATF Special Agent Joseph Secrete decided that the best way to pad …

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Campbell, No. CR. 92-0234-04 (JHG) (D.D.C.) (985 F.Supp. 158) (November 25, 1997) (Judge Joyce Hens Green) by QUOTE OF THE WEEK - The Sentencing Guidelines - Are they a "failed experiment" under which the "inflexible prosecutorial mind" dictates the sentencing parameters? "[G]iven the frequency with which the guidelines …

Douglas v. DeBruyn, No. IP 96-0656-C H/G (S.D.Ind.) (936 F.Supp. 572) (July 10, 1996) (Judge David F. Hamilton)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

Douglas v. DeBruyn, No. IP 96-0656-C H/G (S.D.Ind.) (936 F.Supp. 572) (July 10, 1996) (Judge David F. Hamilton) by Speaking of notable one-liners, in this case Judge Hamilton sums up the prevailing wisdom of the American policy that ignores the problem of preparing hoards of inmates for their release back …

U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Cosgrove, No. 92-5078 (11th Cir.) (73 F.3d 297) (January 22, 1996) (Judge Emmett Ripley Cox) by In this case, three defendants pled guilty pursuant to cooperation agreements with the Government. At sentencing, the Government recommended sentences of 66, 84 and 60 months, reflecting the defendants' relative culpability and …

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker)

Article • June 1, 1995

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker) by In this case the issue raised on appeal was the legality of the district court's "practice" to decrease all sentences based on substantial assistance to authorities by three levels. The Third Circuit …

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker)

Article • June 1, 1995

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. King, No. 93-2087 (3rd Cir.) (53 F.3d 589) (April 29, 1995) (Judge Edward R. Becker) by In this case the issue raised on appeal was the legality of the district court's "practice" to decrease all sentences based on substantial assistance to authorities by three levels. The Third Circuit …

U.S. v. Gaind, No. 91 Cr 859 (VLB) (S.D.N.Y.) (829 F.Supp. 669) (September 13, 1993) (Judge Vincent L. Broderick)

Article • January 1, 1994

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Gaind, No. 91 Cr 859 (VLB) (S.D.N.Y.) (829 F.Supp. 669) (September 13, 1993) (Judge Vincent L. Broderick) by The defendant in this case was convicted of making false statements in connection with contracts that he had, through his business, obtained with the EPA. The defendant's business was effectively …