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U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein)

Article • February 27, 2017 • from P&J February, 2017

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein) by This is the third in a series of remarkable decisions sentencing decisions recently authored by Judge Weinstein, each of which demonstrate compassionate and creative ways of addressing “the excessive incarceratory terms recommended by …

U.S. v. Pruitt, No. 14-1921-cr (2nd Cir.) (813 F.3d 90) (February 1, 2016) (Judge John Gleeson)

Article • December 1, 2016 • from P&J February, 2016

Filed under: Punch And Jurists, Form AO-245B

U.S. v. Pruitt, No. 14-1921-cr (2nd Cir.) (813 F.3d 90) (February 1, 2016) (Judge John Gleeson) by In this case, Kaylon Pruitt pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). After he was sentenced to 46 months in prison, he …

U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum)

Article • March 28, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum) by In U.S. v. Thompson, 777 F.3d 368, 373 (7th Cir. June 13, 2015)(P&J, 05/25/15), Circuit Judge Richard Posner went on a tirade when blasted the mindless and senseless imposition of more and …

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne)

Article • May 25, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Sewell, No. 14-1384 (7th Cir.) (780 F.3d 839) (March 13, 2015) (Judge Michael S. Kanne) by U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (Judge Richard A. Posner) U.S. v. Sewell, 780 F.3d 839 (7th Cir. March 13, 2015) (Judge Michael S. Kanne) These two …

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis) by This decision, one of 26 separate rulings issued by Judge Garaufis that relate to the death penalty that was imposed on Ronell Wilson under the Federal Death Penalty Act, contains the Court's …

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones) by The defendant in this case pled guilty to illegal reentry into the United States after a previous deportation. At a criminal history category II, his pre-Booker Guideline sentencing range was 27-to-33 months. …

U.S. v. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy) by Defendant pled guilty to illegal reentry following deportation, and he was sentenced to 46 months imprisonment. The District Court found that the defendant's criminal history category VI did not adequately reflect the …

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy) by If the Guideline sentencing range for a particular defendant exceed 24 months, the law quite clearly requires a sentencing judge to state in open court, at the time of sentencing, its reasons …

U.S. v. Hargrett, No. 97-1205 (2nd Cir.) (156 F.3d 447) (September 29, 1998) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Hargrett, No. 97-1205 (2nd Cir.) (156 F.3d 447) (September 29, 1998) (Judge Ralph K. Jr. Winter) by Court held that permitting a defendant to appeal from a downward departure simply because the district court fails to state the reasons therefore, would impermissibly erode the jurisdictional limitation contained in …

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone) by Perhaps sparked by growing criticism that the formalities of sentencing hearings are a charade to mask the reality of "assembly line justice" (see, U.S. v. Barnes, 948 F.2d 325, 331 …

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Reyes, No. 96-1295, No. 758 (2nd Cir.) (116 F.3d 67) (June 20, 1997) (Judge Richard J. Cardamone) by Case held that, even when the district court departs downward, it must explain why it selected a particular sentence when the Guideline range exceeded 24 months; and the failure to …

U.S. v. Sanders, No. 95-5744 (6th Cir.) (95 F.3d 449) (September 12, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Sanders, No. 95-5744 (6th Cir.) (95 F.3d 449) (September 12, 1996) (Judge Karen Nelson Moore) by Here the Court vacated a restitution order imposed before the adoption of the Mandatory Victims Restitution Act, holding that the district court erred in concluding that restitution was required in all cases. …