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Article • July 1, 1996 • from P&J July, 1996
U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) protecting statements made during plea negotiations do not apply to statements made after the plea agreement was finalized. The defendant in this case was …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) protecting statements made during plea negotiations do not apply to statements made after the plea agreement was finalized. Although this case does not refer …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Although this case does not refer to Rule 410, it does relate to the admissibility of statements made during plea discussions. The defendant in this case was charged with several drug counts. …
Article • May 1, 1996 • from P&J September, 1996
U.S. v. Gomez, No. 94-10520 (9th Cir.) (92 F.3d 770) (April 11, 1996) (Judge Alex Kozinski) by Here, blasting the Government's "fictive imagination", the Court held that the district court had erred in denying the defendant the right to present to the jury his defense of duress to explain why …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Conway, No. 95-2232 (1st Cir.) (81 F.3d 15) (April 11, 1996) (Judge Bailey Aldrich) by This is one of those rare cases in which a defendant appeals the court's decision not to grant him a downward departure for substantial assistance under U.S.S.G. § 5K1.1 - and he wins. …
Article • January 1, 1995
U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett) by Based on the provisions of Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P., it is generally assumed that evidence of a guilty plea which is later withdrawn is not …
Article • January 1, 1995 • from P&J May, 1996
U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett) by Based on the provisions of Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P., it is generally assumed that evidence of a guilty plea which is later withdrawn is not …
Article • January 1, 1994
U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed) by
Article • January 1, 1994
Mason v. Scully, No. 93-2632, No. 963 (2nd Cir.) (16 F.3d 38) (February 7, 1994) (Judge Amalya Lyle Kearse) by In this case the petitioner prisoner was convicted of robbing a jewelry store. At trial, petitioner's attorney made no objections to respondent state's summation and to certain testimony being read …
Article • January 1, 1994
U.S. v. Anderson, No. 90-1741, No. 1135 (2nd Cir.) (929 F.2d 96) (April 2, 1991) (Judge Richard J. Cardamone) by Here the Court held that the mere fact that a defendant had numerous prior arrests, making him no stranger to the legal system, did not necessarily support the Government's contention …
Article • January 1, 1994
U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty …
Article • January 1, 1994
U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty …
Article • January 1, 1994
U.S. v. Mezzanatto, No. 92-50261 (9th Cir.) (998 F.2d 1452) (July 7, 1993) (Judge Joseph T. Sneed) by
Article • January 1, 1994
U.S. v. Stevens, No. 89-2736 (8th Cir.) (918 F.2d 1383) (November 21, 1990) (Judge Gerald W. Heaney) by In this case, the defendant faced a jury trial for a drug conspiracy involving approximately 150 pounds of marijuana. Shortly before his trial commenced, the government brought new charges for possession of …
Article • January 1, 1994
U.S. v. Miller, No. 89-6067 (6th Cir.) (910 F.2d 1321) (August 10, 1990) (Judge Ralph B Jr. Guy) by The Court stated: "Defendant Miller challenges the district court's authority to consider statements he made to his probation officer on two grounds. First, he contends that Sentencing Guideline § 1B1.8(a) prohibits …
Article • January 1, 1994
U.S. v. Abanatha, No. 02-2916EA (8th Cir.) (999 F.2d 1246) (July 26, 1993) (Judge Richard S. Arnold) by The Court agreed with one defendant's contention that it was improper for the presentence report to contain information that was provided by the defendant pursuant to an immunity agreement under U.S.S.G. § …
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