Search | Punch and Jurists

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss)

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

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

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case, Francisco Gonzalez, pled guilty to a drug conspiracy charge pursuant to a written plea agreement. As part of that agreement, Gonzalez agreed to cooperate with the …

Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman) by Here the Court affirmed the denial of a writ of habeas corpus, holding that the defendant’s plea agreement was knowingly and voluntarily made despite fact that he had an IQ of 66 …

U.S. v. Gebbie, No. 01-1812 (3rd Cir.) (294 F.3d 540) (June 28, 2002) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Authority to bind other Government agencies

U.S. v. Gebbie, No. 01-1812 (3rd Cir.) (294 F.3d 540) (June 28, 2002) (Judge Richard L. Nygaard) by The two individual defendants in this case, James Gebbie and James Richter, were caught in a juggernaut. They ran a mail sorting business (Midwest Presort Mailing Services) in three states, Ohio, Pennsylvania …

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth) by Here the Court held that a guilty plea was not coerced (and did not violate the provisions of Rule 11(e)(1)) by the district judge's commitment, during plea negotiations, to sentence defendant at …

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. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Offense of Conviction

U.S. v. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay) by The defendant in this case pled guilty to three counts of a 13-count indictment, one of which was a charge that he violated 18 U.S.C. § 924(o). The plea agreement incorrectly stated …

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. Taylor, No. 00-30936 (5th Cir.) (277 F.3d 721) (December 21, 2001) (Judge Harold R. Jr. DeMoss)

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

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

U.S. v. Taylor, No. 00-30936 (5th Cir.) (277 F.3d 721) (December 21, 2001) (Judge Harold R. Jr. DeMoss) by This is a rare case in which the Court vacated a sentence on the grounds that the Government had failed to prove that statements made in the presentence report (PSR), and …

U.S. v. Markin, No. 99-3977 (6th Cir.) (263 F.3d 491) (August 17, 2001) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Markin, No. 99-3977 (6th Cir.) (263 F.3d 491) (August 17, 2001) (Judge Alice M. Batchelder) by Here the court held that the district court's presence during sentencing negotiations with repect to a defendant who had already pled guilty, while troubling, did not violate Rule 11(e) which prohibits court …

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 …

Boykin v. Alabama, No. 642 (U.S. Supreme Court) (395 U.S. 238; 89 S.Ct. 1709) (June 2, 1969) (Justice Douglas)

Article • October 16, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Boykin v. Alabama, No. 642 (U.S. Supreme Court) (395 U.S. 238; 89 S.Ct. 1709) (June 2, 1969) (Justice Douglas) by In this case the Court observed: "A plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains …

McCarthy v. U.S., No. 43 (U.S. Supreme Court) (394 U.S. 459; 89 S.Ct. 1166) (April 2, 1969) (Justice Warren)

Article • October 3, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

McCarthy v. U.S., No. 43 (U.S. Supreme Court) (394 U.S. 459; 89 S.Ct. 1166) (April 2, 1969) (Justice Warren) by This is the Supreme Court's seminal case on Rule 11 of the Fed.R.Crim.P., and is spelled out the procedures that must be followed under Rule 11 before a United States …

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt) by In this case the Court granted a certificate of appealability on the single issue of whether the defendant had validly waived his section 2255 right to challenge his conviction and sentence on …

Parker v. North Carolina, No. 268 (U.S. Supreme Court) (397 U.S. 790; 90 S.Ct. 1458) (May 4, 1970) (Justice White)

Article • September 25, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Parker v. North Carolina, No. 268 (U.S. Supreme Court) (397 U.S. 790; 90 S.Ct. 1458) (May 4, 1970) (Justice White) by The petitioner in this case argued that his guilty plea was involuntary and thus invalid for two reasons: first, because it was induced by a North Carolina statute providing …

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White)

Article • September 25, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White) by Here, following counseled guilty pleas, the court refused to address the merits of claimed constitutional violations that the guilty pleas had been coerced, since the issue was whether the pleas …

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (218 F.3d 1118) (July 14, 2000) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Core Concerns

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (218 F.3d 1118) (July 14, 2000) (Judge Betty Binns Fletcher) by QUOTE OF THE WEEK - The criminal justice system’s addictive need for guilty pleas. "If all the defendants should combine to refuse to plead guilty, and should dare to hold out, they …