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U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson)
Article • March 22, 2010 • from P&J March, 2010
Filed under: Punch And Jurists, Within-Guidelines Sentence
U.S. v. Mendoza-Mendoza, No. 08-5007 (4th Cir.) (597 F.3d 212) (March 5, 2010) (Judge J. Harvie III Wilkinson) by The Circuits continue to engage in fantastical debates about phantom distinctions and imaginary differences that they perceive exist in sentences imposed by the district courts; and the result of those highly …
U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam)
Article • September 1, 2009 • from P&J September, 2009
Filed under: Punch And Jurists, Within-Guidelines Sentence
U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam) by Here the Court declined to reconsider en banc an earlier decision which held that a within-Guidelines sentence was substantively unreasonable - over the dissent of five judges who were concerned about the precedential impact …
Rita v. U.S., No. 06-5754 (U.S. Supreme Court) (551 U.S. 338; 127 S.Ct. 2456) (June 21, 2007) (Justice Breyer)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Presumption of Reasonableness
Rita v. U.S., No. 06-5754 (U.S. Supreme Court) (551 U.S. 338; 127 S.Ct. 2456) (June 21, 2007) (Justice Breyer) by In this much-awaited sentencing decision, the Supreme Court, by a vote of 8-to-1, held that Federal appellate courts are not precluded from applying a presumption of reasonableness to sentences that …
U.S. v. Pruitt, No. 06-3152 (10th Cir.) (502 F.3d 1154) (August 28, 2007) (Judge William J. Jr. Holloway)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Pruitt, No. 06-3152 (10th Cir.) (502 F.3d 1154) (August 28, 2007) (Judge William J. Jr. Holloway) by The issue before the Court in this case was the reasonableness of the 292 month sentence imposed on Terri Pruitt, a 42-year old Kansas mother, who pled guilty to distributing 18.5 …
U.S. v. Rita, No. 05-4674 (4th Cir.) (177 Fed.Appx. 357) (May 1, 2006) (Per Curiam)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Rita, No. 05-4674 (4th Cir.) (177 Fed.Appx. 357) (May 1, 2006) (Per Curiam) by In this case, the Fourth Circuit summarily affirmed Victor Rita’s thirty-three month within-guideline sentence for perjury. Neither the trial court nor the appellate panel discussed the relevance of any of the factors that the …
U.S. v. Gall, No. 05-3001 (8th Cir.) (446 F.3d 884) (May 12, 2006) (Judge Lavenski R. Smith)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Gall, No. 05-3001 (8th Cir.) (446 F.3d 884) (May 12, 2006) (Judge Lavenski R. Smith) by Brian Gall pled guilty to conspiracy to distribute a controlled substance (Ecstacy). The lowest sentence under the federal sentencing guidelines was 30 months in prison. The district judge (Judge Pratt) sentenced Gall …
U.S. v. Davis, No. 05-6259 (6th Cir.) (458 F.3d 505) (August 15, 2006) (Judge Karen Nelson Moore)
Article • July 1, 2006 • from P&J July, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Davis, No. 05-6259 (6th Cir.) (458 F.3d 505) (August 15, 2006) (Judge Karen Nelson Moore) by U.S. v. [Lonnie] Davis, 458 F.3d 505 (6th Cir. Aug. 15, 2006) (Judge Moore) U.S. v. Cage, 458 F.3d 537 (6th Cir. Aug. 15, 2006) (Judge Batchelder) Both of these cases dealt …
U.S. v. Cage, No. 05-5241 (6th Cir.) (458 F.3d 537) (August 15, 2006) (Judge Alice M. Batchelder)
Article • July 1, 2006 • from P&J July, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Cage, No. 05-5241 (6th Cir.) (458 F.3d 537) (August 15, 2006) (Judge Alice M. Batchelder) by U.S. v. [Lonnie] Davis, 458 F.3d 505 (6th Cir. Aug. 15, 2006) (Judge Moore) U.S. v. Cage, 458 F.3d 537 (6th Cir. Aug. 15, 2006) (Judge Batchelder) Both of these cases dealt …
U.S. v. Navedo-Concepcion, No. 05-2301 (1st Cir.) (450 F.3d 54) (June 9, 2006) (Judge Michael Boudin)
Article • May 1, 2006 • from P&J May, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Navedo-Concepcion, No. 05-2301 (1st Cir.) (450 F.3d 54) (June 9, 2006) (Judge Michael Boudin) by In this sentencing decision, the First Circuit somewhat amplified its approach to post-Booker sentencing as set forth in U.S. v. Jiménez-Beltre, 440 F.3d 514 (1st Cir. March 6, 2006) (en banc). This appeal …
U.S. v. Zavala, No. 05-30120 (9th Cir.) (443 F.3d 1165) (April 11, 2006) (Per Curiam)
Article • March 1, 2006 • from P&J November, 2006
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Zavala, No. 05-30120 (9th Cir.) (443 F.3d 1165) (April 11, 2006) (Per Curiam) by Defendant appealed the 30-year sentence that was imposed by the United States District Court for the District of Idaho after he was convicted of conspiracy to distribute or to possess with intent to distribute …