Search | Punch and Jurists

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye) by Here the Court held that U.S.S.G. § 5G1.3(c), which allows a court to run a sentence “concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment” does not authorize a …

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman) by

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken) by This decision contains an exhaustive analysis of the proper interpretation of one of those absurdly technical, difficult to interpret provisions of the Guidelines that rarely comes into play; and thus is generally …

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Caraballo, No. 98-2339 (1st Cir.) (200 F.3d 20) (December 29, 1999) (Judge Norman H. Stahl) by Here the Court explored the meaning of "fully taken into account" as used in USSG § 5G1.3(b) and held that relevant conduct can be used to determine whether a defendant's sentence must …

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by United States v. Dorsey, Docket No. 98-35250 (3rd Cir. 1/129/99) (Judge Caldwell) Rios v. Wiley, 29 F.Supp.2d 232 (M.D.Pa. 1998) (Judge Caldwell) Both of these cases deal with a highly technical issue: who …

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Florence, No. 97-2194 (1st Cir.) (143 F.3d 11) (May 4, 1998) (Judge Bruce M. Selya) by In a case dealing with the 1993 version of § 5G1.3, the Court approves the imposition of a 96 month consecutive sentence to various State sentences as a "reasonable incremental punishment.". Before …

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Oser, No. 95-1107 (3rd Cir.) (107 F.3d 1080) (March 6, 1997) (Judge Dolores K. Sloviter) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Kimble, No. 95-30253 (9th Cir.) (107 F.3d 712) (February 19, 1997) (Judge A. Wallace Tashima) by Here the Court explored the meaning of the "fully taken into account language" of USSG § 5G1.3(b) for purposes of determining when and whether a new Federal sentence must be imposed concurrent …

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Fuentes, No. 94-4916 (11th Cir.) (107 F.3d 1515) (March 25, 1997) (Judge Gerald B. Tjoflat) by United States v. Oser, 107 F.3d 1080 (3rd Cir. 1997) (Judge Sloviter) United States v. Schaefer, 107 F.3d 1280 (7th Cir. 1997) (Judge Coffey) United States v. Fuentes, 107 F.3d 1515 (11th …

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McHan, No. 94-5464 (4th Cir.) (101 F.3d 1027) (December 4, 1996) (Judge Paul V. Niemeyer) by Fourth Circuit reversed a downward departure concluding that the Sentencing Commission had adequately considered whether to allow sentencing reductions for previously discharged terms of imprisonment and determined such reductions inappropriate. One of …

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by This decision contains a detailed analysis of USSG § 5G1.3(c), particularly in the context of the district court's belief that it did not have the authority to give any credit for a …

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hill, No. 94-5120 (4th Cir.) (59 F.3d 500) (July 25, 1995) (Judge William W. Jr. Wilkins) by Here's a decision written by Judge Wilkens, the former Chairman of the Sentencing Guidelines Commission, on the purpose and intent of Guidelines § 5G1.3, so it will probably be cited frequently. …

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam)

Article • August 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. McCormick, No. 94-1376 (2nd Cir.) (58 F.3d 874) (June 29, 1995) (Per Curiam) by The case discusses U.S.S.G. § 5G1.3, which the court says is "one of the most complex provisions of the Sentencing Guidelines." The defendant was prosecuted in two separate Federal districts for a single pattern …

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker)

Article • July 1, 1995

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Whiteley, No. 94-1416 (2nd Cir.) (54 F.3d 85) (April 24, 1995) (Judge John M. Jr. Walker) by This case involves § 5G1.3 of the Guidelines, which deals with the imposition of sentences on a defendant subject to an undischarged term of imprisonment and the meaning of the phrase …