Search | Punch and Jurists

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Jones v. U.S., No. 97-5202 (6th Cir.) (178 F.3d 790) (May 28, 1999) (Judge R. Guy Jr. Cole) by Here the Court modified its earlier opinion reported at 161 F.3d 397 by holding that the issue of the applicability of Guideline Amendment to petitioner's sentence was not properly before the …

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Phillips, No. 98-50226 (9th Cir.) (174 F.3d 1074) (April 28, 1999) (Judge Donald P. Lay) by In this case the defendant appealed a restitution order that was imposed at sentencing; and the government contended that the defendant had waived his right to appeal the restitution order as part …

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Howle, No. 97-8165 (11th Cir.) (166 F.3d 1166) (February 5, 1999) (Judge Gerald B. Tjoflat) by In this case, the district judge told the defendant, who had executed a plea agreement containing a waiver of appeal provision, that it "invite[d] and welcome[d] an appeal." (Id., at 1168). In …

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman) by Here the 2nd Circuit again rejected an "unorthodox" plea agreement which required the defendant to waive the right to appeal "any sentence so long as it does not exceed the maximum term …

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Atterberry, No. 97-3149 (10th Cir.) (144 F.3d 1299) (May 18, 1998) (Judge Wade Brorby) by Here the Tenth Circuit approved enforcement of a waiver-of-appeal provision in a plea agreement that did not specify a sentence or a range of sentences without discussing the significance of that omission. In …

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by One of the issues discussed in this case was how an appellate court should proceed when it determines that a provision in a plea agreement waiving a defendant's right of appeal is …

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene) by Although the ruling in this case has pretty much been foreclosed by contrary decisions from virtually all the Circuits, this decision is noted because of the strong words with which Judge Harold Greene …

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Martinez-Rios, No. 97-1021 (2nd Cir.) (143 F.3d 662) (May 4, 1998) (Judge Jon O. Newman) by Court revisited an "unorthodox" form of appeal waiver provision that some prosecutors have recently been attempting to use and held that the appropriate remedy was to sever the invalid provision from the …

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ovalle, No. 94-1566 (6th Cir.) (136 F.3d 1092) (February 23, 1998) (Judge Karen Nelson Moore) by The Court stated: "Federal Rule of Criminal Procedure 12(b)(2) provides that '[d]efenses and objections based on defects in the indictment or information . . . ' must be raised prior to trial. …

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey) by Case is noted for its listing of decisions affirming the validity of appeal waiver provisions. United States v. Rosa, 123 F.3d 94 (2nd Cir. 1997) (Judge Oakes) United States v. Wolley, 123 …

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, Waiver of Appeal Rights

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

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes) by A collection of thoughts of the validity of waivers of rights of appeal in plea agreements. QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in …

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Woolley, No. 96-1806 (7th Cir.) (123 F.3d 627) (August 18, 1997) (Judge John L. Coffey) by QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in plea agreements. Unquestionably, appeal waivers are fraught with peril and risk for the defendants. The Government's superior bargaining …

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Rosa, No. 96-1530, No. 1586 (2nd Cir.) (123 F.3d 94) (August 19, 1997) (Judge James L. Oakes) by Case held that a broad appeal waiver provision, under which the defendant agreed to waive all appeals provided the sentence was within of below whatever sentencing range the court fround …

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans) by Here the Court rejected the Government's claim that the defendant, by pleading guilty, had waived his right to appeal, bit it also ruled that in such a case the original indictment came …

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Valente v. U.S., No. 96-2505 (2nd Cir.) (111 F.3d 290) (July 14, 1997) (Per Curiam) by Court held that defendant was entitled to an evidentiary hearing to determine whether his waiver of right to appeal was knowing and voluntary.

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Zink, No. 95-50534 (9th Cir.) (107 F.3d 716) (February 19, 1997) (Judge Stephen S. Trott) by Case held that a general waiver of the right to appeal a sentence does not cover an action to appeal a restitution order, because restitution is not calculated using the Guidelines, but …

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Fisher, No. 95-10733 (5th Cir.) (106 F.3d 622) (February 13, 1997) (Judge John M. Jr. Duhé) by In this case, after the trial court had ruled that the Government would be allowed to introduce evidence of the defendant's prior conviction if he chose to testify. In order to …

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) by Failure of judge to give notification of right to appeal as required by Rule 32 does not give basis for later appeal when defendant has signed valid plea agreement waiving rights of …

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Court's routine statement that defendant retained right of appeal not binding where defendant waived such rights in written plea agreement.