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Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White)

Article • May 8, 2018

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White) by In this case the court held that, because a guilty plea constitutes a waiver of three constitutional rights - the right to trial by jury, the right to confront one's …

U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson)

Article • April 11, 2016 • from P&J April, 2016

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson) by This decision is a great read for anyone who wants to find out about some of the tricks, traps and dangers of proffer agreements in general; but it is also an intriguing expose …

U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan)

Article • July 15, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan) by District Judge Gary Sharpe of the N.D.N.Y. is no novice. He was appointed to the Federal bench in 2004; and has served as the Chief Judge of his district …

U.S. v. Oluwanisola, No. 08-4442-cr (2nd Cir.) (605 F.3d 124) (May 21, 2010) (Judge Rosemary S. Pooler)

Article • December 27, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Oluwanisola, No. 08-4442-cr (2nd Cir.) (605 F.3d 124) (May 21, 2010) (Judge Rosemary S. Pooler) by Defendant's convictions for conspiring to import heroin into the U.S., conspiring to possess with intent to distribute heroin, and possessing heroin with intent to distribute are vacated where the district court erred …

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Withdrawal

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin) by Defendants' sex trafficking convictions and sentences are affirmed where: 1) defendants did not assert their legal innocence in moving to withdraw their guilty pleas; 2) the government would have been prejudiced by the …

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Withdrawal

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote) by Conviction for being a felon in possession of a firearm is affirmed where the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without conducting an evidentiary …

U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute and possess with intent to distribute marijuana is remanded for further proceedings where defendant's motion to suppress evidence seized from a house, in which he claimed a …

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist)

Article • August 24, 2007

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist) by Here the Court extended the Strickland analysis to counsel's conduct during the pleading stage;and it held that that the Constitution does not require that a defendant be provided with information …

U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown) by Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.

U.S. v. Norris, No. 04-2073 (8th Cir.) (486 F.3d 1045) (April 23, 2007) (Judge Raymond W. Gruender)

Article • April 1, 2007 • from P&J April, 2007

Filed under: Punch And Jurists, Acceptance/Rejection by the Court

U.S. v. Norris, No. 04-2073 (8th Cir.) (486 F.3d 1045) (April 23, 2007) (Judge Raymond W. Gruender) by In U.S. v. Norris, 439 F.3d 916 (8th Cir. Mar. 10, 2006) (“Norris I”), a panel from the Eighth Circuit unanimously held that defendant Jamal Norris was entitled to specific performance of …

U.S. v. Gordon, No. 04-6384 (10th Cir.) (480 F.3d 1205) (March 28, 2007) (Judge Paul J. Jr. Kelly)

Article • March 1, 2007 • from P&J March, 2007

Filed under: Punch And Jurists, Offense of Conviction

U.S. v. Gordon, No. 04-6384 (10th Cir.) (480 F.3d 1205) (March 28, 2007) (Judge Paul J. Jr. Kelly) by Here the Court held (a) that a defendant who signed a waiver of appellate rights did not waive her right to challenge a restitution order which she claimed was unlawful under …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan)

Article • September 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan) by Defendants, nine accountants charged with defrauding the Internal Revenue Service by tax shelter sales that allegedly generated false tax losses for their firm's clients, moved to preclude the government from …

U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner) by This appeal addressed the propriety of "package" plea deals, in which a defendant pleads guilty in exchange for the prosecutor’s agreement to drop charges against a spouse or family member. Here, the …

U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Withdrawal

U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin) by The defendant in this drug case raised an interesting argument in support of his contention that the district court had erred in not allowing him to withdraw his guilty plea: he argued that …

In Re: Vasquez-Ramirez, No. 04-75715 (9th Cir.) (443 F.3d 692) (April 6, 2006) (Judge Alex Kozinski)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Acceptance/Rejection by the Court

In Re: Vasquez-Ramirez, No. 04-75715 (9th Cir.) (443 F.3d 692) (April 6, 2006) (Judge Alex Kozinski) by The issue before the Court in this case was whether a district judge may reject a guilty plea that satisfies all of the requirements of Fed.R.Crim.P. 11(b) - and the Court answered that …

U.S. v. Adams, No. 04-30339 (9th Cir.) (432 F.3d 1092) (January 3, 2006) (Judge Arthur L. Alarcon)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Withdrawal

U.S. v. Adams, No. 04-30339 (9th Cir.) (432 F.3d 1092) (January 3, 2006) (Judge Arthur L. Alarcon) by

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens)

Article • June 26, 2005

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens) by In this case the Court vacated a guilty plea to a charge of second-degree murder because neither the petitioner's attorney not the court informed the petitioner that intent to cause …

U.S. v. Mescual-Cruz, No. 02-2668 (1st Cir.) (387 F.3d 1) (October 15, 2004) (Judge Gerard E. Lynch)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Mescual-Cruz, No. 02-2668 (1st Cir.) (387 F.3d 1) (October 15, 2004) (Judge Gerard E. Lynch) by Defendants appealed from the United States District Court for the District of Puerto Rico, arguing it was error for deny the motions to withdraw their guilty pleas, which were part of a …

U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer) by Defendant challenged a decision of the United States District Court for the Northern District of Illinois, Eastern Division, which denied his motion to withdraw his plea of guilty to knowingly aiding and …

U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Withdrawal

U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker) by Here the Court clarified the standards for permitting a withdrawal of a plea agreement, holding the the "fair and just reason" rule that governs withdrawal of a plea may be used …