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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 Almost from the beginning, the provisions of U.S.S.G. § 5K1.1 have spawned enormous controversy. That section permits a sentencing court to impose a sentence below the sentencing …

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub)

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

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

U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub) by Here the Court vacated a sentence and remanded the case to a different judge because the Government had breached its obligations under the plea agreement by taking a position that was "fundamentally …

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever) by In its ruling the Court relied on its previous holding in U.S. v. Murphy, 65 F.3d 758, 762 (9th Cir. 1995) that "the government cannot refuse to file such a motion on the …

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Cooperation by Third Parties

U.S. v. Baum, No. 98 Cr. 841 (DC) (S.D.N.Y.) (32 F.Supp.2d 642) (January 11, 1999) (Judge Denny Chin) by This is a case that is filled with intrigue. Defendant Harvey Baum, a criminal defense attorney, was charged with obstruction of justice under 18 U.S.C. § 1503, for attempting to set …

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener)

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

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

U.S. v. Castaneda, No. 97-40307 (5th Cir.) (162 F.3d 832) (December 9, 1998) (Judge Jacques L. Jr. Wiener) by Case held that when a defendant substantially complies with the terms of his plea agreement, the Government overreaches when it deprives him of the benefits of the bargain by then prosecuting …

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. 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 …

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels)

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

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

Cabral v. Hannigan, No. 95-3282-DES (D.Kan.) (5 F.Supp.2d 957) (April 30, 1998) (Judge Dale E. Saffels) by Case held that where a prosecutor "deliberately attempts to make punitive use of information obtained in exchange for a grant of immunity" such conduct breached immunity agreement and violated the Fifth Amendment (id., …

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. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe)

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

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

U.S. v. Brye, No. 97-1094 (10th Cir.) (146 F.3d 1207) (June 16, 1998) (Judge Mary Beck Briscoe) by Here the Court determined that the Government had breached its plea agreement with the defendant by opposing a downward departure during sentencing; and it remanded to case to a different judge for …

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. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian)

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

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

U.S. v. Mitchell, No. 96-3496 (8th Cir.) (136 F.3d 1192) (February 19, 1998) (Judge Theodore McMillian) by This is an interesting case dealing with U.S.S.G. § 5K1.1, in which the Court held that "end runs" around the prosecutor's duty to file a § 5K1.1 motion will not be tolerated, and …

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. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam)

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

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

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam) by This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant …

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam)

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

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

U.S. v. Johnson, No. 95-9377 (11th Cir.) (132 F.3d 628) (January 6, 1998) (Per Curiam) by This is another one of those cases in which the Court agreed that the Government had repudiated one of the provisions contained in the plea agreement; and yet it’s toothless remedy was to grant …

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. …