Search | Punch and Jurists

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken) by This is another case involving the Government's misuse of its power under U.S.S.G. § 5K1.1; and it shows the growing concern of the courts that the Government frequently seeks to use that …

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum) by United States v. Santoyo, 146 F.3d 519 (7th Cir. 1998) (Judge Flaum) United States v. Harpaul, 4 F.Supp.2d 137 (E.D.N.Y. 1998) (Judge Spatt) By now one would think that the Government's frequent …

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Santoyo, No. 97-2096 (7th Cir.) (146 F.3d 519) (June 16, 1998) (Judge Joel L. Flaum) by United States v. Santoyo, 146 F.3d 519 (7th Cir. 1998) (Judge Flaum) United States v. Harpaul, 4 F.Supp.2d 137 (E.D.N.Y. 1998) (Judge Spatt) By now one would think that the Government's frequent …

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt) by United States v. Santoyo, 146 F.3d 519 (7th Cir. 1998) (Judge Flaum) United States v. Harpaul, 4 F.Supp.2d 137 (E.D.N.Y. 1998) (Judge Spatt) By now one would think that the Government's frequent …

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harpaul, No. CR 97-303 (E.D.N.Y.) (4 F.Supp.2d 137) (April 27, 1998) (Judge Arthur D. Spatt) by United States v. Santoyo, 146 F.3d 519 (7th Cir. 1998) (Judge Flaum) United States v. Harpaul, 4 F.Supp.2d 137 (E.D.N.Y. 1998) (Judge Spatt) By now one would think that the Government's frequent …

In Re Sealed Case (Sentencing Guidelines' "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (149 F.3d 1198) (July 24, 1998) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines' "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (149 F.3d 1198) (July 24, 1998) (Judge David S. Tatel) by Recently there have been a number of decisions that have addressed the Government's often capricious and arbitrary refusal to file a motion for a downward departure pursuant …

U.S. v. Isaac, No. 97-7139 (3rd Cir.) (141 F.3d 477) (April 10, 1998) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Isaac, No. 97-7139 (3rd Cir.) (141 F.3d 477) (April 10, 1998) (Judge Walter K. Stapleton) by We have consistently noted that the Circuit courts have generally acknowledged that the district courts are virtually powerless to intervene when a prosecutor refuses to file a promised motion for a downward …

U.S. v. Barresse, No. 97-3511 (8th Cir.) (142 F.3d 1091) (April 24, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Barresse, No. 97-3511 (8th Cir.) (142 F.3d 1091) (April 24, 1998) (Per Curiam) by Case held that defendant did not provide "complete cooperation" where he ignored Government's request that he stay out of county in which there was an outstanding warrant for his arrest, which prevented him from …

U.S. v. Courtois, No. 96-5105 (10th Cir.) (131 F.3d 937) (December 11, 1997) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Courtois, No. 96-5105 (10th Cir.) (131 F.3d 937) (December 11, 1997) (Judge Carlos Lucero) by The holding in this case seems to be at odds with the holdings in two previous Tenth Circuit rulings, namely U.S. v. Lee, 989 F.2d 377, 380 (10th Cir. 1993) and U.S. v. …

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney) by This is an important case that deals with the fairly customary practice of putting the screws to cooperating witnesses after they have cooperated. Here, the defendant appealed her 20-year sentence for drug …

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse) by In this case the Court held that the Government's refusal to make a § 5K1.1 motion is justified where the defendant has breached his cooperation agreement in a way that damaged the …

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval) by Here the Court reversed the lower court's granting of a motion to enforce a downward departure after the Government refused to make the motion, since the defendant had lied about …

U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé) by In this case the Court held that district courts have no authority to review a prosecutor's refusal to file a § 5K1.1 motion for a sentence reduction based on substantial assistance …

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed) by One of the issues in this case was whether the Government's refusal to file a § 5K1.1 motion was based on unconstitutional motives. The defendant claimed that A.U.S.A. Ronald Rachow had promised …

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Here's another one of those frequent "zap the rat" cases, where once again the rat get burned after providing the Government with assistance, thereby subjecting himself and his family to danger. In …

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti)

Article • October 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti) by The Court stated: "However, the government cannot refuse to file such a motion on the basis of an unconstitutional motive (e.g., racial discrimination), or arbitrarily (i.e., for reasons not rationally related to any …

U.S. v. Underwood, No. 94-10432 (5th Cir.) (61 F.3d 306) (August 2, 1995) (Judge Fortunato P. Benavides)

Article • September 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Underwood, No. 94-10432 (5th Cir.) (61 F.3d 306) (August 2, 1995) (Judge Fortunato P. Benavides) by In this case, after the rat signed a cooperation agreement, the Government refused to file the 5K1 Motion, and the rat moved either for specific performance or for an order declaring that …

U.S. v. Jones, No. 94-3107 (D.C. Cir.) (58 F.3d 688) (July 7, 1995) (Judge James L. Buckley)

Article • August 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Jones, No. 94-3107 (D.C. Cir.) (58 F.3d 688) (July 7, 1995) (Judge James L. Buckley) by Court expressed concerns about the Government's ability to "dangle" suggestions of a § 5K1.1 motion in front of defendant even when it knows that the defendant could not possibly provide it with …

U.S. v. Melendez, No. 93-5755 (3rd Cir.) (55 F.3d 130) (May 22, 1995) (Judge Walter K. Stapleton)

Article • July 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Melendez, No. 93-5755 (3rd Cir.) (55 F.3d 130) (May 22, 1995) (Judge Walter K. Stapleton) by Another Zap the Rat case in which the Third Circuit joins the Eighth Circuit in holding that in order to grant a downward departure under § 5K1 of the Guidelines, the Government …

U.S. v. Stockdall, No. 93-4089 (8th Cir.) (45 F.3d 1257) (January 1, 1995) (Judge James B. Loken)

Article • January 1, 1994

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Stockdall, No. 93-4089 (8th Cir.) (45 F.3d 1257) (January 1, 1995) (Judge James B. Loken) by In this case the defendants pled guilty to a variety of offenses with mandatory minimum sentences. Their plea agreements required them to cooperate with the government and gave the government the discretion …