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Article • February 1, 2007 • from P&J February, 2007
U.S. v. Acosta, No. 05-3598 (7th Cir.) (474 F.3d 999) (February 5, 2007) (Judge Ann Claire Williams) by
Article • October 1, 2002 • from P&J October, 2002
U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne) by Here the Court held that the Government is not required to prove that defendants intended to use minor to shield themselves in order to apply two-level enhancement for using a minor to …
Article • August 1, 2002 • from P&J August, 2002
U.S. v. Jimenez, No. 01-50597 (9th Cir.) (300 F.3d 1166) (August 27, 2002) (Judge Kim McLane Wardlaw) by Here the Court vacated enhancements both for using a minor to commit a crime (USSG § 3B1.4) and for obstruction of justice based on perjury at trial (USSG § 3C1.1) - holding …
Article • September 1, 2001 • from P&J September, 2001
U.S. v. Castro-Hernandez, No. 01-50192 (9th Cir.) (258 F.3d 1057) (August 6, 2001) (Judge Susan P. Graber) by The defendant in this case was arrested at the Mexican border as he attempted to enter the United States. The pickup truck that he was driving contained packages of marijuana. Defendant's three-year-old …
Article • June 1, 2001 • from P&J June, 2001
U.S. v. Murphy, No. 00-4599 (4th Cir.) (254 F.3d 511) (June 28, 2001) (Judge J. Michael Luttig) by In 1994, Congress directed the Sentencing Commission to “promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense …
Article • May 1, 2001 • from P&J May, 2001
U.S. v. McClain, No. 00-10346 (11th Cir.) (252 F.3d 1279) (May 31, 2001) (Judge Gerald B. Tjoflat) by The two defendants in this case, Ronald McClain and Desmond Tucker, pled guilty to various counts of conspiracy to commit bank fraud stemming from their use of young women to cash more …
Article • April 1, 2001 • from P&J April, 2001
U.S. v. Parker, No. 00-10118 (9th Cir.) (241 F.3d 1114) (March 1, 2001) (Judge Alfred T. Goodwin) by Here the Court vacated an enhancement pursuant to USSG § 3B1.4 for using a minor to commit the crime on the grounds that the Government had failed to present evidence to show …
Article • January 1, 2001 • from P&J January, 2001
U.S. v. Ramsey, No. 00-2316 (7th Cir.) (237 F.3d 853) (January 18, 2001) (Judge Michael S. Kanne) by The defendant in this case, Joseph Ramsey, who was 19 years old at the time he committed his crime, pled guilty to three counts of distribution of crack cocaine, and he was …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Butler, No. 98-5552 (6th Cir.) (207 F.3d 839) (March 29, 2000) (Judge Eric L. Clay) by This consolidated appeal involved two different bank robberies (both of which involved a common defendant, Courtney Butler) and two different issues - both relating to the use of the two level enhancement …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Humphrey, No. 98-8001 (10th Cir.) (208 F.3d 1190) (April 4, 2000) (Judge William J. Jr. Holloway) by In this case, the district court applied the enhancement for using a minor to commit a crime, pursuant to U.S.S.G. § 3B1.4, stating: "[T]he evidence is clear to the Court that …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court upheld the district court's decision not to apply a two-level enhancement based on USSG § 3B1.4 (Using a minor to commit a crime) because of a patent ambiguity in …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Harris, No. 97-6283 (6th Cir.) (165 F.3d 1062) (January 26, 1999) (Judge David A. Nelson) by In this case, two defendants were convicted of robbing a bank. At sentencing the district court enhanced their sentences by two levels under U.S.S.G. § 3B1.4 for using a minor to assist …