Search | Punch and Jurists

U.S. v. Gallo-Vasquez, No. 01-2708 (7th Cir.) (284 F.3d 780) (March 27, 2002) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Gallo-Vasquez, No. 01-2708 (7th Cir.) (284 F.3d 780) (March 27, 2002) (Judge Joel L. Flaum) by In this case the Government appealed the district court's grant of a four-level departure to the defendant based on his statue as a deportable alien. In agreeing that the district court had …

U.S. v. Martinez-Ramos, No. 98-50536 (9th Cir.) (184 F.3d 1055) (July 29, 1999) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Martinez-Ramos, No. 98-50536 (9th Cir.) (184 F.3d 1055) (July 29, 1999) (Judge Pamela Ann Rymer) by The Court stated: "we join the Sixth and Seventh Circuits in holding that deportable status may not be a ground for downward departure from the applicable guideline range for aliens who are …

U.S. v. Young, No. 97-1455 (2nd Cir.) (143 F.3d 740) (May 12, 1998) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Young, No. 97-1455 (2nd Cir.) (143 F.3d 740) (May 12, 1998) (Judge John F. Keenan) by Here the Second Circuit reversed the grant of a one-level downward departure granted to a defendant who was a naturalized citizen, where the district court gad reasoned that the case was atypical …

U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Bakeas, No. CRIM. 96-10184-NG (D.Mass.) (987 F.Supp. 44) (November 14, 1997) (Judge Nancy Gertner) by In this case Judge Gertner, sua sponte, granted a downward departure to a resident alien to avoid the harsh and questionable policies of the Bureau of Prisons that deny community confinement status to …

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Zapata, No. 96-1573, No. 609 (2nd Cir.) (135 F.3d 844) (January 30, 1998) (Judge Wilfred Feinberg) by Here the Court rejected the defendant's contention that the Attorney General's Memorandum recommending sentence reductions for aliens who consent to deportation mandates such a reduction in all cases. The issue in …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Status as an Alien

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

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

Filed under: Punch And Jurists, Status as an Alien

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by Despite citing nine unpublished decisions that have approved the practice, the Court relied on U.S. v. Clase-Espinal, 115 F.3d 1054 (1st Cir. 1997) to hold that a waiver related to alienage …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by The defendant in this case was convicted of unlawful reentry into the United States after a previous felony conviction and deportation; and the Government wanted to impose the full 16-level enhancement called for …

U.S. v. Farouil, No. 96-2227 (7th Cir.) (124 F.3d 838) (August 26, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Farouil, No. 96-2227 (7th Cir.) (124 F.3d 838) (August 26, 1997) (Judge Ilana Diamond Rovner) by Back in 1992, Judge Korman ruled, in U.S. v. Restrepo, 802 F.Supp 781 (E.D.N.Y. 1992), that due to the harsh collateral consequences and the more severe disabilities that an alien faced in …

U.S. v. Gonzalez-Portillo, No. 96-3382 (7th Cir.) (121 F.3d 1122) (August 29, 1997) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Gonzalez-Portillo, No. 96-3382 (7th Cir.) (121 F.3d 1122) (August 29, 1997) (Judge Ilana Diamond Rovner) by The Court stated that: "Because all crimes covered by § 2L1.2 involve illegal presence in the United States by aliens, deportability was certainly accounted for in the guideline. [Thus], the district court …

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ramnath, No. CR-96-0012 (CPS) (E.D.N.Y.) (958 F.Supp. 99) (February 27, 1997) (Judge Charles P. Sifton) by Here the Court granted a downward departure to an alien who consented to deportation, even though the Government objected due to the defendant's failure to plead guilty. The Court held that the …

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Flores-Uribe, No. 96-30156 (9th Cir.) (106 F.3d 1485) (February 18, 1997) (Judge Pamela Ann Rymer) by Here the court held that the district court lacks jurisdiction under 8 U.S.C. § 1252a(d)(1) to order deportation absent a request by the U.S. Attorney with the concurrence of the Commissioner of …

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Charry Cubillos, No. 95-50237 (9th Cir.) (91 F.3d 1342) (September 9, 1996) (Judge Jerome Farris) by In this case, the defendant argued that the departure was warranted by "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." …

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Simalavong, No. Crim. No. 2:95-CR-50-01-02 (D.Vt.) (924 F.Supp. 610) (October 12, 1995) (Judge William K. III Sessions) by In this just published 1995 ruling, Judge Sessions granted the Canadian defendants a downward departure under U.S.S.G. § 5K2.0, based on the defendants' alien status, in order to enable the …

U.S. v. Ebolum, No. 95-5070 (6th Cir.) (72 F.3d 35) (December 21, 1995) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Ebolum, No. 95-5070 (6th Cir.) (72 F.3d 35) (December 21, 1995) (Judge Karen Nelson Moore) by The Court stated: "Absent any credible argument or evidence to the contrary, we must assume that the Sentencing Commission took deportable alien status into account when formulating a guideline that applies almost …