U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez)
Loaded on Oct. 1, 1999
published in Punch and Jurists
October 04, 1999
Filed under:
Punch And Jurists,
Knowingly and Voluntarily Made.
In this case, the defendant withdrew his not guilty plea based on the Government's promise to recommend that that he be sentenced under the "safety valve provisions of 18 U.S.C. § 3553(f). However, the defendant had a prior criminal history and his criminal history score was greater than level …
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:
- Fiduccia v. U.S. Dept. of Justice, No. 97-16420 (9th Cir.) (185 F.3d 1035) (August 4, 1999) (Judge Andrew J. Kleinfeld)
- U.S. v. Williams, No. 98-50157 (9th Cir.) (185 F.3d 945) (May 28, 1999) (Per Curiam)
- Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)
- U.S. v. Crawford, No. 98-30222 (9th Cir.) (185 F.3d 1024) (August 2, 1999) (Judge M. Margaret McKeown)
- U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum)
- U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez)
- U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)
- U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)
- U.S. v. Mikalajunas, No. 98-4002 (4th Cir.) (186 F.3d 490) (July 21, 1999) (Judge William W. Jr. Wilkins)
- U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry)
- Ferguson v. City of Charleston, S.C., No. 97-2512 (4th Cir.) (186 F.3d 469) (July 13, 1999) (Judge William W. Jr. Wilkins)
- Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)
- U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)
- Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)
- Moore v. Reno, No. 98-55588 (9th Cir.) (185 F.3d 1054) (August 5, 1999) (Per Curiam)
- U.S. v. Anderson, No. 99-MC-305-JWL (D.Kan.) (55 F.Supp.2d 1163) (May 7, 1999) (Judge John W. Lungstrum)
- Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)
- U.S. v. Brugal, No. 98-4255 (4th Cir.) (185 F.3d 205) (July 19, 1999) (Judge Francis D. Jr. Murnaghan)
More from these topics:
- SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
- Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
- Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026. Failure to Object, Knowingly and Voluntarily Made, Grounds For Withdrawal, Acceptance/Rejection by the Court.
- Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026. Forensic Sciences, Drugs - Determination of, Evidence - Integrity/Reliability of, Drug Laws/Offenses, Knowingly and Voluntarily Made.
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.
- California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea, Oct. 15, 2025. Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made.
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
- Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, Dec. 1, 2024. Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made.
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024. Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made.
- First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.