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Article • May 27, 2013 • from P&J May, 2013
U.S. v. Zavala-Marti, No. 11-1283 (1st Cir.) (715 F.3d 44) (May 13, 2013) (Judge Kermit A. Lipez) by This case is noted as a good example of a sentencing gone badly awry. Not only did the First Circuit find that “the general sentence of life imprisonment imposed on the [defendant] …
Article • November 14, 2011 • from P&J November, 2011
U.S. v. Lewis, No. 10-4460 (3rd Cir.) (660 F.3d 189) (October 18, 2011) (Judge Marjorie O. Rendell) by Here the Court held that the ten-year sentencing enhancement under 18 U.S.C. § 3147 for committing a crime while on pretrial release has the effect of increasing the statutory maximum for an …
Article • January 1, 2004 • from P&J January, 2004
Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen) by Here, as a matter of first impression for the Eighth Circuit, the Court joined with the Second, Fourth, Sixth and Seventh Circuits in holding that a second, uncharged drug type cannot be …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Gibson, No. 02-2051 (7th Cir.) (356 F.3d 761) (January 28, 2004) (Judge Michael S. Kanne) by In July of 1999, James Gibson, the defendant in this case, was indicted on eight counts stemming from his activities as owner and president of a company engaged in the sale of …