U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)
Loaded on Jan. 1, 1999
published in Punch and Jurists
January 25, 1999
Filed under:
Punch And Jurists,
Breach of Plea/Coop./Immunity Agreements.
Case held that when a defendant substantially complies with the terms of his plea agreement, the Government overreaches when it deprives him of the benefits of the bargain by then prosecuting him for the crimes for which he was offered immunity.
This case is another example of vintage prosecutorial overreaching. ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Stern v. Massachusetts Supreme Judicial Court, No. Civ. No. 98-cv-10896-B (D.Me.) (184 F.R.D. 10) (January 20, 1999) (Judge Morton A. Brody)
- U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum)
- U.S. v. Hernandez-Guevara, No. 97-50946 (5th Cir.) (162 F.3d 863) (December 11, 1998) (Judge Carolyn Dineen King)
- U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs)
- U.S. v. O'Neill, No. 97-CR-98 (E.D.Wisc.) (27 F.Supp.2d 1121) (October 19, 1998) (Judge Joseph P. Stadtmueller)
- U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)
- U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)
- U.S. v. Polasek, No. 97-20724 (5th Cir.) (162 F.3d 878) (December 11, 1998) (Judge Carolyn Dineen King)
- U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)
- U.S. v. Hach, No. 98-1691 (7th Cir.) (162 F.3d 937) (December 9, 1998) (Judge Joel L. Flaum)
- U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)
- U.S. v. Robinson, No. IP 98-125-CR H/F (S.D.Ind.) (27 F.Supp.2d 1116) (November 4, 1998) (Judge David F. Hamilton)
- U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)
- U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs)
- U.S. v. Santopietro, No. 97-1373L (2nd Cir.) (166 F.3d 88) (January 22, 1999) (Judge Jon O. Newman)
More from these topics:
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
- Pennsylvania Prisoner Smuggles Cellphones, Federal Prosecutor Breaches Plea Bargain, Sept. 15, 2024. Searches - Cellphones/Computers/Internet, Breach of Plea/Coop./Immunity Agreements.
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, July 15, 2022. Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas.
- D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, Jan. 15, 2022. Breach of Plea/Coop./Immunity Agreements.
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", Oct. 15, 2021. Breach of Plea/Coop./Immunity Agreements.
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, June 15, 2020. Breach of Plea/Coop./Immunity Agreements, Acceptance/Rejection by the Court.
- Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.
- Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy), March 27, 2019. Punch And Jurists, Right to be Present.
- Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun), March 27, 2019. Forfeiture, Punch And Jurists.