Search | Punch and Jurists

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, Knowingly and Voluntarily Made

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. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Toothman, No. 97-50048 (9th Cir.) (137 F.3d 1393) (March 9, 1998) (Judge Donald P. Lay) by Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea.

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by A careful reading of this case will make any careful defense lawyer think twice about proffers: first about whether a client should even consider making a proffer; and, second, whether the traps …

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Barron, No. 96-36058 (9th Cir.) (127 F.3d 890) (October 22, 1997) (Judge David R. Thompson) by Here the Court affirmed the district court's decision that, following Bailey v. U.S., a defendant cannot withdraw just a portion of his plea agreement; he must withdraw the entire agreement because the …

U.S. v. Vest, No. 96-3589 (8th Cir.) (125 F.3d 676) (October 2, 1997) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Vest, No. 96-3589 (8th Cir.) (125 F.3d 676) (October 2, 1997) (Judge Theodore McMillian) by Case approved use of "wired" plea agreements and refused to allow withdrawal of plea agreement where defendant alleged it had been coerced by promise of leniency to his brother. One of the most …

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, Withdrawal

U.S. v. Sandoval-Lopez, No. 96-30349 (9th Cir.) (122 F.3d 797) (August 8, 1997) (Judge Stephen Reinhardt) by This case, which involved an appeal of a gun conviction under 18 U.S.C. § 924(c), raises another variant of one of the Government's most important goals in plea agreements - making sure that …

U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman) by Although the courts often reiterate the concept that plea agreements are essentially contracts and they are therefore governed by principles of contract law, there has always been an inexplicable dichotomy between criminal law …

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson)