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U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam) by In a case of first impression for the Fifth Circuit, the Court rejected the defendant’s contention that drugs held for personal use should not be used to calculate his sentence because they were not …

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise) by Robert Jansen, the appellant/inmate in this case, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2255, alleging that his trial counsel was ineffective for failing to argue at sentencing …

U.S. v. Gill, No. 01-6538 (6th Cir.) (348 F.3d 147) (October 31, 2003) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Gill, No. 01-6538 (6th Cir.) (348 F.3d 147) (October 31, 2003) (Judge David M. Lawson) by Here the Court held that simple possession of illegal drugs for personal use is not conduct that is "relevant" to the charge of possession with intent to distribute a controlled substance for …

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy) by Here the Court held that the district court’s ruling that all drugs seized from a drug addict were intended for distribution was “clearly erroneous” since it was plausible that some of the …

U.S. v. Williams, No. 92 CR 1131 (E.D.N.Y.) (146 F.Supp.2d 249) (May 30, 2001) (Judge I. Leo Glasser)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Williams, No. 92 CR 1131 (E.D.N.Y.) (146 F.Supp.2d 249) (May 30, 2001) (Judge I. Leo Glasser) by Here, on remand from the 2nd Circuit, Judge Glasser took sharp issue with that court's ruling that he should have excluded from his drug quantity assessment all drugs that the defendant …

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi) by Here the Second Circuit joined with the Seventh, Eighth and Ninth Circuits in holding that when sentencing a defendant for possession of drugs with intent to distribute it is improper to include in …

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold) by In this case,q divided panel from the the Eighth Circuit joined with decisions from the 2nd, 7th and 9th Circuits in holding that when calculating the base offense level under U.S.S.G. § …

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White) by This case is particularly noted for Justice Black's dissent, in which he observed: "The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too familiar …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by Case held that drugs which a defendant bought and possessed for personal consumption rather than to sell could not be used as uncharged drug-related misconduct to enhance his sentence. United States v. …

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wyss, No. 97-4221 (7th Cir.) (147 F.3d 631) (June 25, 1998) (Judge Richard A. Posner) by United States v. Perulena, 146 F.3d 1332 (11th Cir. 1998) (Judge Tjoflat) United States v. Wyss, 147 F.3d 631 (7th Cir. 1998) (Judge Posner) Both of these cases raise interesting (and winning) …

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Wright, No. 96-4559 (4th Cir.) (131 F.3d 1111) (December 19, 1997) (Judge J. Michael Luttig) by United States v. Wright, 131 F.3d 1111 (4th Cir. 1997) (Judge Luttig) The defendant in this case was arrested while in possession of a 3.25 gram rock (or 1/10th of an ounce) …

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Hunt, No. 96-50639 (5th Cir.) (129 F.3d 739) (November 17, 1997) (Judge Emilio M. Garza) by Court vacated a drug conviction for distribution on the grounds that the Government failed to prove anything but simple possession. This is an interesting drug case in which the Fifth Circuit first …

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Antonietti, No. 94-2393 (11th Cir.) (86 F.3d 206) (June 26, 1996) (Judge Joel F. Dubina) by Rejecting the Ninth Circuit's view in U.S. v. Kipp, 10 F.3d 1463, the 11th Circuit holds that drugs held for personal consumption are properly included as relevant conduct in determining the defendant's …

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Lamarr, No. 94-5532 (4th Cir.) (75 F.3d 964) (February 15, 1996) (Judge Sam J. III Ervin) by Case held that possession of 5.72 grams of crack was sufficient to sustain a conviction of possession with intent to distribute - a conclusion supported in large part based on a …

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry)

Article • December 1, 1995

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Kissick, No. 95-6055 (10th Cir.) (69 F.3d 1048) (November 6, 1995) (Judge Robert H. Henry) by This case involves an oft-overlooked defense to claim that a defendant should be classified as a "career offender" under § 4B1 of the Guidelines. One of the provisions of that section says …

U.S. v. Snook, No. 94-4004 (7th Cir.) (60 F.3d 394) (July 26, 1995) (Judge Michael S. Kanne)

Article • August 1, 1995

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Snook, No. 94-4004 (7th Cir.) (60 F.3d 394) (July 26, 1995) (Judge Michael S. Kanne) by For a different view when the case involves only possession with intent to distribute (and not conspiracy), see U.S. v. Wyss, 147 F.3d 631 (7th Cir. 1998). Case held that drugs which …

U.S. v. Kipp, No. 92-30302 (9th Cir.) (10 F.3d 1463) (December 2, 1993) (Judge A. Wallace Tashima)

Article • January 1, 1994

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Kipp, No. 92-30302 (9th Cir.) (10 F.3d 1463) (December 2, 1993) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to possession with intent to distribute approximately 117.25 grams of cocaine. In the plea agreement, the parties expressly reserved the right to argue the amount …