Search | Punch and Jurists

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 …

U.S. v. Morgan, No. 01-CR-45-B-S (D.Me.) (2002 U.S. Dist. LEXIS 8909) (May 10, 2002) (Judge George Z. Singal)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Morgan, No. 01-CR-45-B-S (D.Me.) (2002 U.S. Dist. LEXIS 8909) (May 10, 2002) (Judge George Z. Singal) by Here, based on the Supreme Court's decision in Ashcroft v. Free Speech, 122 S.Ct. 1389 (2002), the Court permitted a defendant who had pled guilty to child pornography crimes to withdraw …

U.S. v. Shaker, No. 01-1157 (7th Cir.) (279 F.3d 494) (January 29, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Shaker, No. 01-1157 (7th Cir.) (279 F.3d 494) (January 29, 2002) (Per Curiam) by Here, joining the Second and Ninth Circuits, the Court held that Rule 32(e) (2001) (requiring a fair and just reason for withdrawing a plea) is triggered only when the district court completes the plea …

Daniel v. Cockrell, No. 00-20624 (5th Cir.) (283 F.3d 697) (February 25, 2002) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Withdrawal

Daniel v. Cockrell, No. 00-20624 (5th Cir.) (283 F.3d 697) (February 25, 2002) (Judge Will L. Garwood) by This is an interesting case in which the Fifth Circuit tried to tip-toe past one of those incendiary topics that the Courts would very much prefer to pretend does not exist: namely …

U.S. v. John Doe # 1, No. 00-1224 (2nd Cir.) (272 F.3d 116) (November 8, 2001) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. John Doe # 1, No. 00-1224 (2nd Cir.) (272 F.3d 116) (November 8, 2001) (Judge Fred I. Parker) by This is an interesting case that will have a double impact: on the one hand, it will make it more difficult for counsel to withdraw from a case even …

U.S. v. Ruiz, No. 99-10224 (9th Cir.) (257 F.3d 1030) (July 23, 2001) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ruiz, No. 99-10224 (9th Cir.) (257 F.3d 1030) (July 23, 2001) (Judge Michael Daly Hawkins) by

U.S. v. Gregory, No. 97-1687 (2nd Cir.) (245 F.3d 160) (April 2, 2001) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Gregory, No. 97-1687 (2nd Cir.) (245 F.3d 160) (April 2, 2001) (Judge Denny Chin) by Here the Court held that a defendant who pleaded guilty to drug distribution offenses could not withdraw his guilty plea after the government declared his cooperation agreement null and void when he was …

U.S. v. Ruiz, No. 99-10224 (9th Cir.) (229 F.3d 1240) (October 18, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ruiz, No. 99-10224 (9th Cir.) (229 F.3d 1240) (October 18, 2000) (Judge Michael Daly Hawkins) by Here the Court held that the "fair and just reason" standard, rather than the "manifest injustice" standard, applied to defendant who sought to withdraw his guilty plea based on newly-discovered evidence after …

U.S. v. Gonzalez, No. 99-1179 (1st Cir.) (202 F.3d 20) (January 24, 2000) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Gonzalez, No. 99-1179 (1st Cir.) (202 F.3d 20) (January 24, 2000) (Judge Norman H. Stahl) by In this case the defendant attempted to withdraw his plea under Fed.R.Crim.P. 32(e) on the grounds that neither his attorneys nor the district judge advised him that if he pleaded guilty, he …

U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Morales, No. 97-1494 (2nd Cir.) (185 F.3d 74) (July 26, 1999) (Judge Chester J. Straub) by Case held that there was insufficient evidence to convict defendants of participation in continuing enterprise based solely on similarity of crimes where defendants spent some eight years in prison without contact with …

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Alvarez-Tautimez, No. 97-16763 (9th Cir.) (160 F.3d 573) (November 16, 1998) (Judge A. Wallace Tashima) by In 1997, the Supreme Court reversed a long line of Ninth Circuit precedents holding, in U.S. v. Hyde, 520 U.S. 670 (1997), that a criminal defendant does not have an absolute right …

U.S. v. Suarez, No. 97-20756 (5th Cir.) (155 F.3d 521) (September 10, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Suarez, No. 97-20756 (5th Cir.) (155 F.3d 521) (September 10, 1998) (Per Curiam) by Case held that where defendant admitted only that he was guilty of possession of drugs, and judge failed to inquire whether he understood distribution charge, the plea colloquy was invalid and affected the defendant's …

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Standiford, No. 98-1195 (7th Cir.) (148 F.3d 864) (July 10, 1998) (Judge Kenneth F. Ripple) by This case explores the interplay between Rule 11(e) and 32(e) of the pre-2002 version of the Fed.R.Crim.P. and also discusses the Circuit split on the issue of whether formal acceptance of a …

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea. This is a telling case in …

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea.

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson) by Here the Court affirmed the district court's decision that, following Bailey v. U.S., a defendant cannot withdraw just a portion of his plea agreement; he must withdraw the entire agreement because the …

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt) by This case, which involved an appeal of a gun conviction under 18 U.S.C. § 924(c), raises another variant of one of the Government's most important goals in plea agreements - making sure that …

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill) by Here the Court held that the failure of the district court to explicitly discuss the aiding and abetting theory of liability was unnecessary because such a theory is not an essential …

U.S. v. Grant, No. 96-10981 (5th Cir.) (117 F.3d 788) (August 8, 1997) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Grant, No. 96-10981 (5th Cir.) (117 F.3d 788) (August 8, 1997) (Judge W. Eugene Davis) by

U.S. v. Holland, No. 96-3045 (D.C. Cir.) (117 F.3d 589) (July 8, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Holland, No. 96-3045 (D.C. Cir.) (117 F.3d 589) (July 8, 1997) (Judge A. Raymond Randolph) by