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U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson) by In this sentence appeal, the defendant argued that the Government had refused to file a motion to reduce his sentence pursuant to U.S. Sentencing Guideline § 5K1.1 to punish him for exercising …

U.S. v. Villa-Vazquez, No. 07-3160 (10th Cir.) (536 F.3d 1189) (August 20, 2008) (Judge Harris L. Hartz)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Villa-Vazquez, No. 07-3160 (10th Cir.) (536 F.3d 1189) (August 20, 2008) (Judge Harris L. Hartz) by Jesus Villa-Vazquez was indicted on one count of illegal reentry after a prior deportation for an aggravated felony. He entered into a plea agreement that required the government, among other things, to …

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson) by Here the Court held that the government’s alleged refusal to file a once-promised § 5K1.1 motion for reduction of sentence because the defendant elected to go to trial instead of pleading guilty …

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson) by Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. § 5K1.1 …

U.S. v. Scott, No. 05-6082 (10th Cir.) (455 F.3d 1188) (July 31, 2006) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Scott, No. 05-6082 (10th Cir.) (455 F.3d 1188) (July 31, 2006) (Judge William J. Jr. Holloway) by In significant decision (albeit one which is so factually oriented that it probably has limited precedential value), a divided panel from the Tenth Circuit concluded that the Government breached its plea …

U.S. v. Norris, No. 04-2073 (8th Cir.) (439 F.3d 916) (March 10, 2006) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Norris, No. 04-2073 (8th Cir.) (439 F.3d 916) (March 10, 2006) (Judge Michael J. Melloy) by After Jamal Norris negotiated and signed a plea agreement with the Government, a new AUSA took over his case for sentencing. The new prosecutor believed that his predecessor had given Norris too …

U.S. v. Scott, No. 05-6082 (10th Cir.) (469 F.3d 1335) (October 27, 2006) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Scott, No. 05-6082 (10th Cir.) (469 F.3d 1335) (October 27, 2006) (Judge William J. Jr. Holloway) by ORDER DENYING PETITION FOR PANEL REHEARING The United States has filed a petition for panel rehearing. The motion is denied. The petition has, however, brought to the court's attention two errors …

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter) by This is a rare decision in which a Circuit Court vacated a sentence on the grounds that the Government had acted in bad faith by refusing to recommend a downward departure based …

U.S. v. Munoz, No. 04-40481 (5th Cir.) (408 F.3d 222) (April 29, 2005) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Munoz, No. 04-40481 (5th Cir.) (408 F.3d 222) (April 29, 2005) (Judge Edward C. Prado) by Defendant pleaded guilty to conspiracy to commit wire fraud and mail fraud and conspiracy to commit money laundering in violation of 18 U.S.C.S. §§ 371, 1956(a)(1)(A)(I), (h). He appealed after the United …

U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams) by We have an early winner of our annual Chutzpah of the Year Award. This year’s winner is Assistant U.S. Attorney James Porter from the S.D.Ill.. His shameless bullying and irrational petulance deserve …

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken) by Here the Court reversed the district court's ruling that the defendant was entitled to a departure for substantial assistance because the Government had acted in bad faith in refusing to file the …

U.S. v. Holbrook, No. 02-4844 (4th Cir.) (376 F.3d 259) (July 21, 2004) (Per Curiam)

Article • August 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Holbrook, No. 02-4844 (4th Cir.) (376 F.3d 259) (July 21, 2004) (Per Curiam) by

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (365 F.3d 213) (April 15, 2004) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (365 F.3d 213) (April 15, 2004) (Judge Louis F. Oberdorfer) by Here, over the dissent of Judge Chertoff, a majority of the active judges denied en banc review of a panel's prior decision reported at 357 F.3d 290 (3rd Cir. 2004).

U.S. v. DeWitt, No. 03-2779 (8th Cir.) (366 F.3d 667) (April 28, 2004) (Judge Steven M. Colloton)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. DeWitt, No. 03-2779 (8th Cir.) (366 F.3d 667) (April 28, 2004) (Judge Steven M. Colloton) by Following her guilty plea to possessing a listed chemical, knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine, the District Court sentenced defendant. Defendant sought review, …

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (357 F.3d 290) (February 9, 2004) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (357 F.3d 290) (February 9, 2004) (Judge Louis F. Oberdorfer) by Appellant inmate challenged the judgment of the United States District Court for the District of New Jersey sentencing him 324 months in prison after applying a four-level increase in his offense level …

U.S. v. Gonczy, No. 02-2399 (1st Cir.) (357 F.3d 50) (February 2, 2004) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Gonczy, No. 02-2399 (1st Cir.) (357 F.3d 50) (February 2, 2004) (Judge Juan R. Torruella) by Here the Court vacated a sentence after finding that the prosecutor paid lip service to its obligation to recommend a sentence at the low end of the Guideline range, while at the …

U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore) by The defendant in this case pled guilty to selling a pound of methamphetamine to an undercover agent and to agreeing to sell him two pounds in the future, and he was sentenced …

U.S. v. Guzman, No. 02-3070 (10th Cir.) (318 F.3d 1191) (February 10, 2003) (Judge Louis F. Oberdorfer)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Guzman, No. 02-3070 (10th Cir.) (318 F.3d 1191) (February 10, 2003) (Judge Louis F. Oberdorfer) by

Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter)

Article • December 17, 2002

Filed under: Punch And Jurists, Refusal to file motion

Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter) by Case limited review of decisions not to file a motion under USSG § 5K1 to instances where there is some unconstitutional motive or where the decision is not "rationally related …

U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon) by Here the Court held that the Government had breached the defendant's plea agreement by recommending against a safety valve departure without an independent finding by the Probation Department that the departure was …