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U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter)

Article • May 1, 2004 • from P&J February, 2006

Filed under: Punch And Jurists, Withdrawal

U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter) by The respondent in this case, Carlos Dominguez Benitez, pled guilty to conspiracy to distribute methamphetamine, as a result of which he faced a mandatory minimum sentence of ten years. The …

U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure)

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

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

U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure) by The defendant in this case was charged with a conspiracy to distribute cocaine. On three separate occasions he met with prosecutors in proffer sessions, pursuant to a standard proffer agreement (which …

U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour) by It is well known that, today, more than 95% of defendants in the Federal system plead guilty. They do so in part because they know that if they go to trial and …

U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton) by In this decision, Judge Walton may have given some new life to an old and somewhat dormant issue: namely, whether an alien who pleads guilty to an aggravated felony is …

Ellis v. U.S. Dist. Court, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw)

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

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

Ellis v. U.S. Dist. Court, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw) by Here the majority held that "the acceptance of a criminal defendant's guilty plea is a judicial act distinct from the acceptance of the plea agreement itself. Once the district court …

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes)

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

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

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes) by This decision represents the latest rejection by the courts of the frequent challenges by criminal defendants to the admissibility and use at trial of statements made by such defendants during plea bargain …

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart) by This case is noted for its detailed analysis of the scope and impact of various Amendments to the Fed.R.Crim.P. enacted in 2002 relating to both the acceptance and the withdrawal of …

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart) by Here the Court held that the defendant was entitled to a two-level sentence reduction for acceptance of responsibility, even though he attempted to withdraw his plea before sentencing, because the court …

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist)

Article • October 10, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist) by In this case, on the morning of trial, a plea bargain was reached between Hyde and the Government, under which he pled guilty to several counts and several others were …

North Carolina v. Alford, No. 14 (U.S. Supreme Court) (400 U.S. 25; 91 S.Ct. 160) (November 23, 1970) (Justice White)

Article • September 30, 2003

Filed under: Punch And Jurists, Alford plea

North Carolina v. Alford, No. 14 (U.S. Supreme Court) (400 U.S. 25; 91 S.Ct. 160) (November 23, 1970) (Justice White) by In this case the Supreme Court formally acknowledged what has become known as an Alford plea - a plea in which the defendant recognizes that the Government has enough …

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes) by We found this to be a surprising decision - and a classic example of the proverb “beware what you wish for.” Here, the defendant, John Palladino, won a “victory” by convincing the …

U.S. v. Head, No. 03-1416 (8th Cir.) (340 F.3d 628) (August 21, 2003) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Head, No. 03-1416 (8th Cir.) (340 F.3d 628) (August 21, 2003) (Judge Gerald W. Heaney) by This decision is noted for its discussion of new Rule 11(d) of the Fed.R.Crim.P., which now gives defendants “an absolute right” to withdraw their pleas “for any reason or for no reason” …

Gordon v. U.S., No. 182 (U.S. Supreme Court) (344 U.S. 414; 73 S.Ct. 369) (February 2, 2053) (Justice Jackson)

Article • July 31, 2003

Filed under: Punch And Jurists, Cooperation Agreements

Gordon v. U.S., No. 182 (U.S. Supreme Court) (344 U.S. 414; 73 S.Ct. 369) (February 2, 2053) (Justice Jackson) by In this case the Court granted certiorari to review a decision of the Seventh Circuit, which affirmed petitioners' conviction for unlawful possession and transportation of goods stolen while in interstate …

U.S. v. Bennett, No. 02-3176 (7th Cir.) (332 F.3d 1094) (June 23, 2003) (Judge William J. Bauer)

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

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

U.S. v. Bennett, No. 02-3176 (7th Cir.) (332 F.3d 1094) (June 23, 2003) (Judge William J. Bauer) by The defendant in this case pled guilty to conspiracy to commit wire fraud. While serving a prison sentence, the defendant and a co-defendant devised a scheme under which telephone calls placed by …

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning) by Here the Court held that the district court had erred in not permitting the defendant to withdraw his guilty plea on the grounds that it was not knowing, intelligent or voluntary because …

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson)

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

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

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson) by Here the Court held that the admission into evidence of proffer statements during rebuttal was not erroneous where, even though the defendant did not testify, his defense was inconsistent with statements made …

U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker) by Although this is an “unpublished” decision (and therefore has limited precedential value), it is still noteworthy because it constitutes a rare example of an official reprimand from the Circuit Court …

U.S. v. Benitez, No. 00-50181 (9th Cir.) (310 F.3d 1221) (November 25, 2002) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Benitez, No. 00-50181 (9th Cir.) (310 F.3d 1221) (November 25, 2002) (Judge James R. Browning) by Defendant appealed from his conviction, entered in the United States District Court for the Central District of California upon a plea of guilty, and his 120 month sentence for conspiracy to possess …

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black)

Article • November 27, 2002

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black) by Case held that a guilty plea may be rendered involuntary if the accused has such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission …

U.S. v. Broce, No. 87-1190 (U.S. Supreme Court) (488 U.S. 563; 109 S.Ct. 757) (January 23, 1989) (Justice Kennedy)

Article • November 23, 2002

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Broce, No. 87-1190 (U.S. Supreme Court) (488 U.S. 563; 109 S.Ct. 757) (January 23, 1989) (Justice Kennedy) by Here the Court explained the finality of a guilty plea, noting that a guilty plea generally bars any double jepardy collateral attacks, with limited exceptions, as well as the right …