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Article • May 1, 2001 • from P&J May, 2001
U.S. v. Rosario, No. Crim. No. 00-645 (E.D.Pa.) (134 F.Supp.2d 661) (March 12, 2001) (Judge Marvin Katz) by In denying the defendant's request for a downward departure based on U.S.S.G. § 5K2.16, he Court noted that to grant a departure under that section, "a court must find 1) that the …
Article • February 1, 2001 • from P&J February, 2001
U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple) by Here the Court affirmed that a defendant is not entitled to a sentence reduction for voluntary disclosure of the offense under USSG § 5K2.16 if the district court finds that the disclosure …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Ekeland, No. 98-3588 (7th Cir.) (174 F.3d 902) (April 21, 1999) (Judge Michael S. Kanne) by The defendant in this case pled guilty to one count of mail fraud, arising out of his activities as a purchasing agent for a subsidiary of Kraft Foods through which he funneled …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Aerts, No. 96-3649 (7th Cir.) (121 F.3d 277) (July 28, 1997) (Judge Joel L. Flaum) by Court held that voluntary admission of a role in a previous bank robbery did not qualify for a sentence departure under § 5K2.16, since that was a type of public crime not …
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Soskin, No. 95-20467 (7th Cir.) (100 F.3d 1377) (November 26, 1996) (Judge Daniel A. Manion) by The Court stated: "Nowhere does § 922(j) or § 922(k) provide that notification of the police constitutes a defense. Nor does the regulation Soskin cites, 27 C.F.R., support his instruction." (Id., at …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Besler, No. 96-1220 (7th Cir.) (86 F.3d 745) (June 21, 1996) (Judge Walter J. Cummings) by Court remanded a sentence where a downward departure had been granted for voluntary disclosure of the offense due to inadequate findings by the district court. This case is cited because it reviews …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Brownstein, No. 95-50046 (9th Cir.) (79 F.3d 121) (March 21, 1996) (Judge Otto R. Jr. Skopil) by After robbing two federally insured banks, the defendant in this case voluntarily notified police and confessed to the crimes. At sentencing he sought a sentence reduction based on U.S.S.G. § 5K2.16. …