Search | Punch and Jurists

U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones)

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

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

U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones) by In this case the Court found that the Government had breached an essential provision of the defendant’s plea agreement by recommending a sentence enhancement for a leadership role in the offense where …

U.S. v. Riggs, No. 00-2460 (1st Cir.) (287 F.3d 221) (April 24, 2002) (Judge Juan R. Torruella)

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

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

U.S. v. Riggs, No. 00-2460 (1st Cir.) (287 F.3d 221) (April 24, 2002) (Judge Juan R. Torruella) by Here the Court vacated a sentence after finding that the Government fell "woefully short" of satisfying the "meticulous standards" expected by ignoring its agreement to recomment 5-to-50 grams of crack and recommending …

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer) by The defendant in this case was originally convicted in 1993 and sentenced to 240 months imprisonment for engaging in a continuing criminal enterprise and tax evasion. Some four years later, he filed a …

U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay)

Article • February 1, 2002 • from P&J January, 2002

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

U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay) by This is a rare case in which the Court found that even if sentencing court implied that it would not have accepted the Government's recommendation that was promised in a plea agreement, …

U.S. v. Busekros, No. 00-3339 (10th Cir.) (264 F.3d 1158) (July 19, 2001) (Judge Robert H. Henry)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Federal Benefits

U.S. v. Busekros, No. 00-3339 (10th Cir.) (264 F.3d 1158) (July 19, 2001) (Judge Robert H. Henry) by Here the Court held that order imposed under the provisions of 21 USC § 862 that made the defendant ineligible for such benefits for five years was improper since, as a cooperating …

U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown) by

Santobello v. New York, No. 70-98 (U.S. Supreme Court) (404 U.S. 257; 92 S.Ct. 495) (December 20, 1971) (Justice Burger)

Article • June 21, 2001

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

Santobello v. New York, No. 70-98 (U.S. Supreme Court) (404 U.S. 257; 92 S.Ct. 495) (December 20, 1971) (Justice Burger) by In this seminal case on guilty pleas, the Court held that when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that …

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 …

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas)

Article • December 23, 1999

Filed under: Punch And Jurists, Refusal to file motion

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas) by In this case, the United States Supreme Court addressed whether a Government motion verifying the defendant’s substantial assistance in a criminal investigation and requesting that the district court depart below …

U.S. v. Vergara, No. 90 CR. 44 (CSH) (S.D.N.Y.) (62 F.Supp.2d 1108) (August 5, 1999) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Vergara, No. 90 CR. 44 (CSH) (S.D.N.Y.) (62 F.Supp.2d 1108) (August 5, 1999) (Judge Charles S. Jr. Haight) by Here the Court held that the Government could not argue that it was entitled to use the defense of good faith breach by the defendant to support its refusal …

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay) by The Court stated: "Ordinarily, the government must move for a downward departure for substantial assistance before the district court can depart on that basis. See United States v. Stockdall, 45 F.3d 1257, …

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya) by As this case shows, the courts continue to struggle over the issue of whether they have the authority to intercede when the Government refuses to file a motion for a sentence reduction …

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland) by Here Judge Kent bemaoned the Government's practice of inducing defendants to provide the Government with substantial assistance in cases where the Government knows that it does not …

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn) by Here the Court held that a plea agreement is not completely like a civil contract, even though contract law is useful in its interpretation, and that a district court must look to the …