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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, Withdrawal

Lee v. U.S., No. 96-3323 (7th Cir.) (113 F.3d 73) (April 30, 1997) (Judge Terrence T. Evans) by Here the Court held that the defendant had the right to seek to withdraw his plea based on the Supreme Court's decision in Bailey v. U.S., but held that in such a …

U.S. v. Idowu, No. 96-3014 (D.C. Cir.) (105 F.3d 728) (February 7, 1997) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Idowu, No. 96-3014 (D.C. Cir.) (105 F.3d 728) (February 7, 1997) (Judge A. Raymond Randolph) by This case presents an interesting defense to a charge of being in the United States without the permission of the Attorney General, in violation of 8 U.S.C. § 1326 (a) and (b)(1). …

U.S. v. Barron, No. A91-0115 CR (JKS) (D.Alaska) (940 F.Supp. 1489) (September 25, 1996) (Judge James K. Jr. Singleton)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Barron, No. A91-0115 CR (JKS) (D.Alaska) (940 F.Supp. 1489) (September 25, 1996) (Judge James K. Jr. Singleton) by Here the Court held that, following the Supreme Court's decision in Bailey v. U.S., a defendant cannot withdraw just the portion of his plea agreement relating to the gun charge; …

U.S. v. Washman, No. 94-10486 (9th Cir.) (66 F.3d 210) (September 15, 1995) (Judge Jr. William C. Canby)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Washman, No. 94-10486 (9th Cir.) (66 F.3d 210) (September 15, 1995) (Judge Jr. William C. Canby) by United States v. Cordova-Perez, 65 F.3d 1552 (9th Cir. 1995) United States v. Washman, 66 F.3d 210 (9th Cir. 1995) These two cases discuss some important (albeit highly technical) issues about …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (92 F.3d 779) (April 30, 1996) (Judge Ferdinand F. Fernandez)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (92 F.3d 779) (April 30, 1996) (Judge Ferdinand F. Fernandez) by See U.S. v. Hyde, 520 U.S. 670 (1997) where this decision was reversed because the guilty plea had been accepted. However, see also U.S. v. Alvarez-Tautimez, 160 F.3d 573, 576, n. 5 …

U.S. v. Isom, No. 94-1372 (1st Cir.) (85 F.3d 831) (June 7, 1996) (Judge Juan R. Torruella)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Isom, No. 94-1372 (1st Cir.) (85 F.3d 831) (June 7, 1996) (Judge Juan R. Torruella) by The defendant in this case moved to withdraw his guilty plea on the grounds of (a) ineffective assistance of counsel, (b) lack of understanding of the plea agreement, and (c) his professed …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez) by Here the Court held that if the court defers acceptance of the plea or the plea agreement, the defendant may withdraw his plea for any reason or for no reason, until the …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez) by Here the Court held that if the court defers acceptance of the plea or the plea agreement, the defendant may withdraw his plea for any reason or for no reason, until the …

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 95-10113 (9th Cir.) (82 F.3d 319) (April 30, 1996) (Judge Ferdinand F. Fernandez) by This case casts dramatic new light on a defendant's right to withdraw a guilty plea before he is blind-sided by the contents of the presentence report; and it presents some interesting questions …

U.S. v. Taveras, No. 99 CR 802(RWS) (S.D.N.Y.) (133 F.Supp.2d 298) (March 1, 2001) (Judge Robert W. Sweet)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Taveras, No. 99 CR 802(RWS) (S.D.N.Y.) (133 F.Supp.2d 298) (March 1, 2001) (Judge Robert W. Sweet) by

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea. This case involves one of the great legal fictions about …

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Withdrawal

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea.

U.S. v. Lyons, No. 93-3202 (D.C. Cir.) (53 F.3d 1321) (May 9, 1995) (Judge Stephen F. Williams)

Article • July 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Lyons, No. 93-3202 (D.C. Cir.) (53 F.3d 1321) (May 9, 1995) (Judge Stephen F. Williams) by Although the Court refused to find error where district court incorrectly stated amount of fine, the Court did affirm the principle that deviations in Rule 11's requirements place onus on the Govt. …

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes)

Article • May 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes) by One of those rare cases where the court found that there was sufficient reason to permit the withdrawal of a guilty plea, here because the judge who accepted the guilty plea misstated …

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes)

Article • May 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Ribas-Dominicci, No. 94-1880 (1st Cir.) (50 F.3d 76) (March 24, 1995) (Judge Hugh H. Bownes) by One of those rare cases where the court found that there was sufficient reason to permit the withdrawal of a guilty plea, here because the judge who accepted the guilty plea misstated …

U.S. v. Cray, No. 93-3222 (D.C. Cir.) (47 F.3d 1203) (February 24, 1995) (Judge Douglas Ginsburg)

Article • January 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Cray, No. 93-3222 (D.C. Cir.) (47 F.3d 1203) (February 24, 1995) (Judge Douglas Ginsburg) by A case involving the attempted withdrawal of a guilty plea and the criteria that a court must use under Rule 32(d) of the Fed.R.Crim.P., which in theory permits a plea to be withdrawn …

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar)

Article • January 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Wilson, No. 94-5872 (4th Cir.) (81 F.3d 1300) (April 22, 1996) (Judge Robert G. Doumar) by United States v. Wilson, 81 F.3d 1300 (4th Cir. 1996) United States v. Basket, 82 F.3d 44 (2nd Cir. 1996) Both of these cases deal with Rule 11 of the Fed.R.Crim.P. in …

U.S. v. Cordova-Perez, No. 94-30298 (9th Cir.) (65 F.3d 1552) (September 25, 1995) (Judge Sidney R. Thomas)

Article • January 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Cordova-Perez, No. 94-30298 (9th Cir.) (65 F.3d 1552) (September 25, 1995) (Judge Sidney R. Thomas) by United States v. Cordova-Perez, 65 F.3d 1552 (9th Cir. 1995) United States v. Washman, 66 F.3d 210 (9th Cir. 1995) These two cases discuss some important (albeit highly technical) issues about acceptance …

U.S. v. Horne, No. 90-3175 (D.C. Cir.) (987 F.2d 833) (March 18, 1993) (Judge Douglas Ginsburg)

Article • January 1, 1994

Filed under: Punch And Jurists, Withdrawal

U.S. v. Horne, No. 90-3175 (D.C. Cir.) (987 F.2d 833) (March 18, 1993) (Judge Douglas Ginsburg) by The defendant in this case sought review of the judgment from the District Court that denied his presentence motion to withdraw his guilty plea because his lawyer substantially underestimated the sentence he would …

U.S. v. Savage, No. 91-50490 (9th Cir.) (978 F.2d 1136) (November 3, 1992) (Judge Thomas G. Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Withdrawal

U.S. v. Savage, No. 91-50490 (9th Cir.) (978 F.2d 1136) (November 3, 1992) (Judge Thomas G. Nelson) by Here the Court firmly held that neither party was bound by a plea agreement until that agreement was accopted by the court and thus until that time "a defendant is free to …