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U.S. v. Blackwell, No. 02-1062 (10th Cir.) (323 F.3d 1256) (March 25, 2003) (Judge Stephanie K. Seymour)

Article • April 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Victims - Official

U.S. v. Blackwell, No. 02-1062 (10th Cir.) (323 F.3d 1256) (March 25, 2003) (Judge Stephanie K. Seymour) by The Court vacated a sentence that included a three-level official victim enhancement, pursuant to U.S.S.G. § 3A1.2(a), on the grounds that the enhancement applies “only to the offense of conviction, and not …

U.S. v. Arrington, No. 01-3059 (D.C. Cir.) (309 F.3d 40) (November 5, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Arrington, No. 01-3059 (D.C. Cir.) (309 F.3d 40) (November 5, 2002) (Judge Merrick B. Garland) by In this case the defendant was convicted of using a dangerous weapon--to wit, an automobile--to forcibly assault, resist, oppose, impede, intimidate, or interfere with three United States Park police officers, in violation …

U.S. v. Lincoln, No. 01-30027 (9th Cir.) (277 F.3d 1112) (January 16, 2002) (Judge John M. Roll)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Lincoln, No. 01-30027 (9th Cir.) (277 F.3d 1112) (January 16, 2002) (Judge John M. Roll) by Here the Court held that, even though the Mandatory Victim Restitution Act (18 USC § 3663A) defines a "victim" as a "person," the legislative history and case law show that the Post …

U.S. v. Feola, No. 73-1123 (U.S. Supreme Court) (420 U.S. 671; 95 S.Ct. 1255) (March 19, 1975) (Justice Blackmun)

Article • September 17, 2001

Filed under: Punch And Jurists, Victims - Official

U.S. v. Feola, No. 73-1123 (U.S. Supreme Court) (420 U.S. 671; 95 S.Ct. 1255) (March 19, 1975) (Justice Blackmun) by Here a divided court held that 18 USC § 111 was enacted to protect both federal officers and federal functions and thus requires no more than proof of an intent …

U.S. v. Fallen, No. 99-11329 (11th Cir.) (256 F.3d 1082) (July 9, 2001) (Judge Gerald B. Tjoflat)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Victims - Official

U.S. v. Fallen, No. 99-11329 (11th Cir.) (256 F.3d 1082) (July 9, 2001) (Judge Gerald B. Tjoflat) by

U.S. v. Hudspeth, No. 98-4515 (6th Cir.) (208 U.S. 537) (March 30, 2000) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Hudspeth, No. 98-4515 (6th Cir.) (208 U.S. 537) (March 30, 2000) (Judge Martha Craig Daughtrey) by Here, as a matter of first impression, the Sixth Circuit held that the enhancement contained in USSG § 3A1.2(a), which applies if the victim was a "government officer or official" applies to …

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen) by The defendant in this case was convicted of aggravated assault on a Federal officer when he "panicked" after being approached at night by four men in a parking lot and attempted to …

U.S. v. Walker, No. 99-3071 (3rd Cir.) (202 F.3d 181) (January 20, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Walker, No. 99-3071 (3rd Cir.) (202 F.3d 181) (January 20, 2000) (Judge Edward R. Becker) by With some caustic words about the tendency of the Guidelines to force the courts to consider hair-splitting issues, the Court reversed an "official victim" enhancement under § 3A1.2(b) where an inmate assaulted …

U.S. v. Drapeau, No. 97-4163 (8th Cir.) (188 F.3d 987) (August 20, 1999) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Drapeau, No. 97-4163 (8th Cir.) (188 F.3d 987) (August 20, 1999) (Judge David R. Hansen) by Following an earlier remand, the Court concluded that the district court did not err in imposing an "official victim" enhancement under USSG § 3A1.2(a) where it found that a policeman was a …

U.S. v. Adelman, No. 98-1228 (2nd Cir.) (168 F.3d 84) (February 19, 1999) (Judge J. Garvin Murtha)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Adelman, No. 98-1228 (2nd Cir.) (168 F.3d 84) (February 19, 1999) (Judge J. Garvin Murtha) by Here the Court affirmed a three-level official victim enhancement under § 3A1.2, finding the threats were motivated by the intended victim's position. The defendant appealed his sentenced following his plea of guilty …

U.S. v. Martin, No. 98-6089 (10th Cir.) (163 F.3d 1212) (December 31, 1998) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Martin, No. 98-6089 (10th Cir.) (163 F.3d 1212) (December 31, 1998) (Judge Paul J. Jr. Kelly) by Case held, as a matter of first impression, that a local police detective deputized to participate in a federal narcotics investigation was a "federal officer" within the meaning of the statute …

U.S. v. Mack, No. 97-4039 (6th Cir.) (159 F.3d 208) (October 15, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Mack, No. 97-4039 (6th Cir.) (159 F.3d 208) (October 15, 1998) (Judge Ronald Lee Gilman) by Case held that a former prison security guard was an "official holding a high-level decision-making or sensitive position" within the meaning of § 2C1.7(b)(1)(B) and that 8-level enhancement of sentence was proper.

U.S. v. Walker, No. 97-7368 (3rd Cir.) (149 F.3d 238) (July 24, 1998) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Walker, No. 97-7368 (3rd Cir.) (149 F.3d 238) (July 24, 1998) (Judge Richard L. Nygaard) by In this case, the panel focused on whether the victim was titled a corrections officer, whether he spent a significant amount of time guarding prisoners, and whether he was guarding prisoners at …

U.S. v. Cole, No. 97-1323 (2nd Cir.) (135 F.3d 114) (January 14, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Cole, No. 97-1323 (2nd Cir.) (135 F.3d 114) (January 14, 1998) (Per Curiam) by The defendant in this case sent threatening letters to the President and a Senator. After his conviction under 18 U.S.C. § 876, he appealed arguing that the district court should not have applied a …

U.S. v. Drapeau, No. 96-3374 (8th Cir.) (121 F.3d 344) (July 28, 1997) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Drapeau, No. 96-3374 (8th Cir.) (121 F.3d 344) (July 28, 1997) (Judge Frank J. Magill) by Court reversed sentence enhancement based on U.S.S.G. § 3A1.2(a) because the firebomb that the defendant caused to be thrown at a police car - not a policeman - so the policeman was …

U.S. v. Polk, No. 96-40836 (5th Cir.) (118 F.3d 286) (July 17, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Polk, No. 96-40836 (5th Cir.) (118 F.3d 286) (July 17, 1997) (Judge Carl E. Stewart) by Here the Court held that an enhancement under USSG § 3A1.2(a) (Official Victim) was properly applied to a crime of solicitation and attempt to blow up an IRS building, even though the …

Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram)

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

Filed under: Punch And Jurists, Victims - Official

Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram) by Ah, the fickle standards of criminal justice! Not too long ago, the Second Circuit ruled, in United States v. Matthews, 106 F.3d 1092 (2nd Cir. 1997), that the defendant could …

U.S. v. Grubbs, No. 96-351-CR (S.D.Fla.) (953 F.Supp. 396) (January 27, 1997) (Judge Norman C. Jr. Roettger)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Grubbs, No. 96-351-CR (S.D.Fla.) (953 F.Supp. 396) (January 27, 1997) (Judge Norman C. Jr. Roettger) by This somewhat amusing musing involved the sad tail of an Assistant U.S. Attorney who was on her way home for the weekend on Friday evening in Miami. While waiting for a train …

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Matthews, No. 96-1419, No. 750 (2nd Cir.) (106 F.3d 1092) (January 3, 1997) (Judge Dennis G. Jacobs) by In 1995, Lewis Matthews was a tenant at the Kenmore Hotel, the largest single-room occupancy hotel in New York City. A handyman, employed by a private maintenance firm, was repairing …