Search | Punch and Jurists

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Rounsavall, No. 97-1247 (8th Cir.) (128 F.3d 665) (October 22, 1997) (Judge Gerald W. Heaney) by This is an important case that deals with the fairly customary practice of putting the screws to cooperating witnesses after they have cooperated. Here, the defendant appealed her 20-year sentence for drug …

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse) by In this case the Court held that the Government's refusal to make a § 5K1.1 motion is justified where the defendant has breached his cooperation agreement in a way that damaged the …

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina)

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

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

U.S. v. Alvarez, No. 95-3269 (11th Cir.) (115 F.3d 839) (June 20, 1997) (Judge Joel F. Dubina) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken)

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

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

U.S. v. Barresse, No. 96-2864 (8th Cir.) (115 F.3d 610) (June 9, 1997) (Judge James B. Loken) by United States v. Barresse, 115 F.3d 610 (8th Cir. 1997) (Judge Loken) United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997) (Judge Dubina) Both of these cases deal with that treacherous …

U.S. v. McQueen, No. 95-5615 (4th Cir.) (108 F.3d 64) (March 6, 1997) (Judge Donald S. Russell)

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

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

U.S. v. McQueen, No. 95-5615 (4th Cir.) (108 F.3d 64) (March 6, 1997) (Judge Donald S. Russell) by Case held that the Government's breach of a plea agreement constituted plain error; and it directed the Government to reduce all oral pleas to writing.

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian)

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

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

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian) by The defendant charged that the Government had breached its agreement to recommend concurrent sentences in two different districts; and the Government argued that promises made by a U.S. Attorney in one district …

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval) by Here the Court reversed the lower court's granting of a motion to enforce a downward departure after the Government refused to make the motion, since the defendant had lied about …

U.S. v. Ming He, No. 95-1331, No. 544 (2nd Cir.) (94 F.3d 782) (September 3, 1996) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Interviews/Debriefing

U.S. v. Ming He, No. 95-1331, No. 544 (2nd Cir.) (94 F.3d 782) (September 3, 1996) (Judge Eugene H. Nickerson) by Here, after noting that "the potential for unfair treatment [of cooperating witnesses] is troubling", the Court vacated a conviction because the prosecitor failed to heed prior warnings that uncounseled …

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel)

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

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

U.S. v. Hawley, No. 95-3061 (10th Cir.) (93 F.3d 682) (August 19, 1996) (Judge David M. Ebel) by In case where petitioner claimed that prosecutor breached terms of plea agreement, the Court firmly held that petitioner is entitled to relief "regardless of whether the government's conduct actually affected the sentencing …

U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Aderholt, No. 94-20951 (5th Cir.) (87 F.3d 740) (June 28, 1996) (Judge John M. Jr. Duhé) by In this case the Court held that district courts have no authority to review a prosecutor's refusal to file a § 5K1.1 motion for a sentence reduction based on substantial assistance …

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Assistance after sentencing

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by The Government moved to reduce the defendant's sentence based on his substantial assistance after sentencing. Judge Fawsett granted a reduction of only seven months, even though the Government recommended a reduction of 60 months. …

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Assistance after sentencing

U.S. v. Manella, No. 94-3546 (11th Cir.) (86 F.3d 201) (June 25, 1996) (Per Curiam) by

U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr)

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

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

U.S. v. Velez Carrero, No. 95-1351 (1st Cir.) (77 F.3d 11) (February 27, 1996) (Judge Conrad K. Cyr) by Case held that "because plea bargaining requires defendants to waive fundamental constitutional rights, we hold prosecutors engaging in plea bargaining to 'the most meticulous standards of both promise and performance'." (Id. …

U.S. v. Hoffenberg, No. 94 Cr. 0273 (RWS) (S.D.N.Y.) (908 F.Supp. 1265) (December 18, 1995) (Judge Robert W. Sweet)

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

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

U.S. v. Hoffenberg, No. 94 Cr. 0273 (RWS) (S.D.N.Y.) (908 F.Supp. 1265) (December 18, 1995) (Judge Robert W. Sweet) by In this case, the Government terminated a cooperation agreement with the defendant due to the defendant's alleged untruthfulness. He moved to enforce the agreement, and although Judge Sweet denied the …

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Cooperation - Extraordinary

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Here's another one of those frequent "zap the rat" cases, where once again the rat get burned after providing the Government with assistance, thereby subjecting himself and his family to danger. In …

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Scholz, No. CR-N-94-0075-ECR (D.Neb.) (907 F.Supp. 329) (November 22, 1996) (Judge Edward C. Jr. Reed) by One of the issues in this case was whether the Government's refusal to file a § 5K1.1 motion was based on unconstitutional motives. The defendant claimed that A.U.S.A. Ronald Rachow had promised …

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry)

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

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

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry) by In this case the Court permitted the defendant to withdraw his guilty plea because the Government violated some of the terms of the plea agreement, including failing to recommend a term of …

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. White, No. 95-3003 (D.C. Cir.) (71 F.3d 920) (December 15, 1995) (Judge Karen LeCraft Henderson) by Here's another one of those frequent "zap the rat" cases, where once again the rat get burned after providing the Government with assistance, thereby subjecting himself and his family to danger. In …

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry)

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

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

U.S. v. Cooper, No. 95-1005 (10th Cir.) (70 F.3d 563) (November 20, 1995) (Judge Robert H. Henry) by Case holds that when the Government's breach of a plea agreement is particulary egregious or intentional, the defendant should be allowed to withdraw his plea; and it rejected claims that the Government …

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti)

Article • October 1, 1995

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti) by The Court stated: "However, the government cannot refuse to file such a motion on the basis of an unconstitutional motive (e.g., racial discrimination), or arbitrarily (i.e., for reasons not rationally related to any …