Punch and Jurists

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (362 F.3d 160) (March 24, 2004) (Judge Jon O. Newman) by In this decision, the Second Circuit affirmed two prior rulings that gave sentencing judges the authority to consider, on remand, a downward departure based on the “cumulative effects” of substantially overlapping enhancement …

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (348 F.3d 329) (September 15, 2003) (Judge Jon O. Newman) by Here the Court suggested that an accumulation of substantially overlapping sentencing enhancements can constitute a valid basis for a downward departure, even if the enhancements themselves do not constitute impermissible double counting. …

U.S. v. Jackson, No. 02-1338 (2nd Cir.) (346 F.3d 22) (October 1, 2003) (Judge Jon O. Newman) by U.S. v. Lauersen, 343 F.3d 604 (2nd Cir. 09/15/2003) (Judge Newman) U.S. v. Jackson, 346 F.3d 22 (2nd Cir. 10/01/2003) (Judge Newman) These two cases, decided two weeks apart, raise the possibility …