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Handberry v. Thompson, No. 03-0047(L) (2nd Cir.) (436 F.3d 52) (January 17, 2006) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Education and Vocational Skills/Training

Handberry v. Thompson, No. 03-0047(L) (2nd Cir.) (436 F.3d 52) (January 17, 2006) (Judge Robert D. Sack) by Injunction against municipal-defendants involving a class action by inmates of city jails challenging defendants' asserted failure to provide them with educational services pursuant to state and federal law is vacated in part …

U.S. v. Bailey, No. 4:02CR3040 (D.Neb.) (369 F.Supp.2d 1090) (May 12, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Bailey, No. 4:02CR3040 (D.Neb.) (369 F.Supp.2d 1090) (May 12, 2005) (Judge Richard G. Kopf) by In this highly fact-specific case, Judge Kopf granted a downward departure and imposed a non-prison sentence on a 37 year old father who was convicted of possessing on his computer files containing child …

U.S. v. Manasrah, No. 03-CR-46 (E.D.Wisc.) (347 F.Supp.2d 634) (December 1, 2004) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Manasrah, No. 03-CR-46 (E.D.Wisc.) (347 F.Supp.2d 634) (December 1, 2004) (Judge Lynn S. Adelman) by Although this is a pre-Booker Guideline case dealing with a downward departure based on family circumstances (a ground that U.S.S.G. § 5H1.6 says is “not ordinarily relevant” in determining whether the sentence should …

U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Cooper, No. 03-2854 (3rd Cir.) (394 F.3d 172) (December 23, 2004) (Judge Richard L. Nygaard) by Here, over a strong dissent from Judge Sloviter, a divided panel from the Third Circuit affirmed a four-level downward departure for a white collar millionaire criminal based on his “good works” - …

U.S. v. Allman, No. 04-5313 (6th Cir.) (119 Fed.Appx. 751) (January 6, 2005) (Judge Deborah L. Cook)

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

Filed under: Punch And Jurists, Age

U.S. v. Allman, No. 04-5313 (6th Cir.) (119 Fed.Appx. 751) (January 6, 2005) (Judge Deborah L. Cook) by The United States District Court for the Eastern District of Tennessee convicted defendant of two firearms offenses. The district court sentenced defendant to five years probation, including six months of home detention, …

U.S. v. Robles, No. 04 Cr. 0115(VM) (S.D.N.Y.) (331 F.Supp.2d 218) (August 19, 2004) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Robles, No. 04 Cr. 0115(VM) (S.D.N.Y.) (331 F.Supp.2d 218) (August 19, 2004) (Judge Victor Marrero) by The defendant, who was convicted of possession of a gun by a convicted felon, moved for a downward departure on the grounds that he was the sole care giver to his 80-year …

U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez) by Defendant Daniel Martin pled guilty to fraud and tax evasion arising out of his participation in a scheme to defraud several food distributors and a supermarket chain of more than $1.8 million. …

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian) by The defendant was convicted at trial of conspiracy to commit bank fraud and mail and wire fraud; and his Guideline sentencing range was 24 to 30 months. At sentencing, the district court departed …

U.S. v. White, No. 02 Cr. 939(DC) (S.D.N.Y.) (301 F.Supp.2d 289) (January 30, 2004) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. White, No. 02 Cr. 939(DC) (S.D.N.Y.) (301 F.Supp.2d 289) (January 30, 2004) (Judge Denny Chin) by Defendant, who pled guilty to bank robbery, was before the court for sentencing. Defendant admitted to acting as a lookout during a violent robbery of a bank. Under the U.S. Sentencing Guidelines …

U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner) by In this Sentencing Memorandum, Judge Gertner set forth a current and comprehensive guide to downward departure for good works under U.S.S.G. § 5H1.11 - a discouraged ground - but one which she …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch) by Here the Court totally ignored Judge Harrington's prior and highly vocal decision to recuse himself from a prior remand; and decided to replace its earlier decision with this amended (and somewhat softer) …

U.S. v. Pearson, No. 02-CR-40 (E.D.Wisc.) (282 F.Supp.2d 941) (September 8, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Pearson, No. 02-CR-40 (E.D.Wisc.) (282 F.Supp.2d 941) (September 8, 2003) (Judge Lynn S. Adelman) by In this case, firmly stating that district courts “possess the discretion to avoid wreaking extraordinary destruction on dependents who rely on the defendant for their care,” Judge Adelman granted a two-level downward departure …

U.S. v. Reyes-Rodriguez, No. 02-2147 (10th Cir.) (344 F.3d 1071) (September 19, 2003) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Reyes-Rodriguez, No. 02-2147 (10th Cir.) (344 F.3d 1071) (September 19, 2003) (Judge Stephanie K. Seymour) by This is one of those decisions that raises troubling questions about the wisdom and the goals of the current U.S. policy that mandates lengthy periods of incarceration for illegal Mexican immigrants who …

U.S. v. Leon, No. 02-10077 (9th Cir.) (341 F.3d 928) (August 27, 2003) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Leon, No. 02-10077 (9th Cir.) (341 F.3d 928) (August 27, 2003) (Judge Melvin Brunetti) by Defendant was convicted of preparing false income tax returns. At sentencing, the United States District Court for the District of Nevada departed downward six levels based on defendant's family ties and responsibilities. The …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch) by A jury convicted William Thurston, a vice president of Damon Clinical Testing Laboratories, Inc., of conspiring to defraud the Medicare program of over five million dollars by tricking doctors into ordering medically …

Elliott v. U.S., No. 02-4755 (4th Cir.) (332 F.3d 753) (June 18, 2003) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Family Circumstances

Elliott v. U.S., No. 02-4755 (4th Cir.) (332 F.3d 753) (June 18, 2003) (Judge Robert Bruce King) by Here the Court reversed a downward departure of four levels based on family responsibilities that was granted to a defendant who was convicted of multiple counts of making false statements to a …

U.S. v. Colp, No. CR. A. 02-511-A (E.D.Va.) (249 F.Supp.2d 740) (March 10, 2003) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Colp, No. CR. A. 02-511-A (E.D.Va.) (249 F.Supp.2d 740) (March 10, 2003) (Judge Gerald Bruce Lee) by U.S. v. Greene, 249 F.Supp.2d 262 (S.D.N.Y. 2003) (Judge Scheindlin) U.S. v. Colp, 249 F.Supp.2d 740 (E.D.Va. 2003) (Judge Lee) Both of these cases involved significant downward departures that resulted in …

U.S. v. Smith, No. 02-1606 (2nd Cir.) (331 F.3d 292) (June 9, 2003) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Smith, No. 02-1606 (2nd Cir.) (331 F.3d 292) (June 9, 2003) (Judge Pierre N. Leval) by In this brief decision, the Second Circuit rather sharply rebuked Judge McKenna of the S.D.N.Y. for granting the defendant a downward departure based on family circumstances, pursuant to U.S.S.G. § 5H1.6. The …

U.S. v. McClatchey, No. 01-3327 (10th Cir.) (316 F.3d 1122) (January 16, 2003) (Judge Harris L. Hartz)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. McClatchey, No. 01-3327 (10th Cir.) (316 F.3d 1122) (January 16, 2003) (Judge Harris L. Hartz) by Here the Court denied a downward departure based on family circumstances to a defendant whose son suffered severe psychological diabilities - stating those facts did not by themselves constitute exceptional circumstances. Here …

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman) by The defendant in this case was convicted of offenses related to cocaine base distribution. Both he and the Government appealed. The defendant contended that evidence of defendant's possession of marijuana was improperly …