Search | Punch and Jurists

U.S. v. Davis, No. 00-2281 (1st Cir.) (247 F.3d 322) (May 3, 2001) (Judge Sandra L. Lynch)

Article • May 1, 2001 • from P&J May, 2001

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

U.S. v. Davis, No. 00-2281 (1st Cir.) (247 F.3d 322) (May 3, 2001) (Judge Sandra L. Lynch) by Here the Court held that even substantial assistance with government aims does not alone raise an inference that the government's failure to file a substantial assistance motion was improperly motivated.

U.S. v. Duncan, No. 00-2013 (10th Cir.) (242 F.3d 940) (March 9, 2001) (Judge Wade Brorby)

Article • April 1, 2001 • from P&J April, 2001

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

U.S. v. Duncan, No. 00-2013 (10th Cir.) (242 F.3d 940) (March 9, 2001) (Judge Wade Brorby) by In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards) United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby) United States v. Johnson, 241 F.3d 1049 (8th Cir. …

U.S. v. Johnson, No. 99-3109 (8th Cir.) (241 F.3d 1049) (February 26, 2001) (Judge C. Arlen Beam)

Article • April 1, 2001 • from P&J April, 2001

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

U.S. v. Johnson, No. 99-3109 (8th Cir.) (241 F.3d 1049) (February 26, 2001) (Judge C. Arlen Beam) by In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards) United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby) United States v. Johnson, 241 F.3d 1049 (8th …

In Re Sealed Case, No. 00-3049 (D.C. Cir.) (244 F.3d 961) (April 10, 2001) (Judge Harry T. Edwards)

Article • April 1, 2001 • from P&J April, 2001

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

In Re Sealed Case, No. 00-3049 (D.C. Cir.) (244 F.3d 961) (April 10, 2001) (Judge Harry T. Edwards) by In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards) United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby) United States v. Johnson, 241 F.3d 1049 …

U.S. v. Camarillo-Tello, No. 00-30029 (9th Cir.) (236 F.3d 1024) (January 3, 2001) (Judge Betty Binns Fletcher)

Article • February 1, 2001 • from P&J February, 2001

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

U.S. v. Camarillo-Tello, No. 00-30029 (9th Cir.) (236 F.3d 1024) (January 3, 2001) (Judge Betty Binns Fletcher) by

U.S. v. Saxena, No. 99-1842 (1st Cir.) (229 F.3d 1) (October 3, 2000) (Judge Bruce M. Selya)

Article • November 1, 2000 • from P&J November, 2000

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

U.S. v. Saxena, No. 99-1842 (1st Cir.) (229 F.3d 1) (October 3, 2000) (Judge Bruce M. Selya) by Here, in response to an allegation that the prosecutor had repudiated its obligations under the plea agreement to recommend an acceptance of responsibility sentence reduction under U.S.S.G. § 3E1.1 by disclosing to …

U.S. v. Saling, No. 99-40411 (5th Cir.) (205 F.3d 764) (February 29, 2000) (Judge Henry A. Politz)

Article • April 1, 2000 • from P&J April, 2000

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

U.S. v. Saling, No. 99-40411 (5th Cir.) (205 F.3d 764) (February 29, 2000) (Judge Henry A. Politz) by In this case, the defendant's plea agreement "expressly provided that the govermment would not oppose the federal sentence running concurrent with Saling's state sentences." (Id., at 765). In addition, it was agreed …

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub)

Article • April 1, 1999 • from P&J April, 1999

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

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub) by Here the Court vacated a sentence and remanded the case to a different judge because the Government had breached its obligations under the plea agreement by taking a position that was "fundamentally …

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)

Article • January 1, 1999 • from P&J January, 1999

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

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener) by 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 …

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels)

Article • August 1, 1998 • from P&J August, 1998

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

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels) by Case held that where a prosecutor "deliberately attempts to make punitive use of information obtained in exchange for a grant of immunity" such conduct breached immunity agreement and violated the Fifth Amendment (id., …

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe) by Here the Court determined that the Government had breached its plea agreement with the defendant by opposing a downward departure during sentencing; and it remanded to case to a different judge for …

U.S. v. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian)

Article • April 1, 1998 • from P&J April, 1998

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

U.S. v. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian) by This is an interesting case dealing with U.S.S.G. § 5K1.1, in which the Court held that "end runs" around the prosecutor's duty to file a § 5K1.1 motion will not be tolerated, and …

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam)

Article • February 1, 1998 • from P&J February, 1998

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

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam) by This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant …

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam)

Article • February 1, 1998 • from P&J February, 1998

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

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam) by This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant …

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …

U.S. v. McQueen, No. 95-5615 (4th Cir.) (108 F.3d 64) (March 6, 1997) (Judge Donald S. Russell)

Article • April 1, 1997 • from P&J April, 1997

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

U.S. v. McQueen, No. 95-5615 (4th Cir.) (108 F.3d 64) (March 6, 1997) (Judge Donald S. Russell) by Case held that the Government's breach of a plea agreement constituted plain error; and it directed the Government to reduce all oral pleas to writing.

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian) by The defendant charged that the Government had breached its agreement to recommend concurrent sentences in two different districts; and the Government argued that promises made by a U.S. Attorney in one district …

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel)

Article • September 1, 1996 • from P&J September, 1996

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

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel) by In case where petitioner claimed that prosecutor breached terms of plea agreement, the Court firmly held that petitioner is entitled to relief "regardless of whether the government's conduct actually affected the sentencing …

U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr)

Article • April 1, 1996 • from P&J April, 1996

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

U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr) by Case held that "because plea bargaining requires defendants to waive fundamental constitutional rights, we hold prosecutors engaging in plea bargaining to 'the most meticulous standards of both promise and performance'." (Id. …