Search | Punch and Jurists

U.S. v. Powell, No. 96-7242 (3rd Cir.) (113 F.3d 464) (May 12, 1997) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Offense of Conviction

U.S. v. Powell, No. 96-7242 (3rd Cir.) (113 F.3d 464) (May 12, 1997) (Judge Anthony J. Scirica) by Case held that obstruction of justice enhancement was proper where defendant pled guilty and then attenpted to impede prosecution of his codefendant for same offenses by falsely testifying that codefendant was not …

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. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Case held If the guilty plea "is induced by deception, an unfulfillable promise, or misrepresentation to enter a plea of guilty", it is invalid because it is not voluntary. Justice Lummus of …

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Justice Lummus of the Supreme Judicial Court of Massachusetts once observed: "If all the defendants should combine to refuse to plead guilty, and should dare to hold out, they could break down …

U.S. v. Washington, No. 96-2586 (8th Cir.) (109 F.3d 459) (March 24, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Washington, No. 96-2586 (8th Cir.) (109 F.3d 459) (March 24, 1997) (Judge James B. Loken) by Here the Court did acknowledge that Rule 11(e)'s prohibition against judicial participation in any discussions about a possible plea agreement is an "absolute prohibition" that applies to judicial participation in plea negotiations …

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer)

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

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

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer) by This case points out another of the many traps in proffer agreements. The defendant signed a proffer agreement that contained a provision that appeared to offer him limited immunity for state ments …

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. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter)

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

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

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter) by In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which …

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. Quinones, No. 95-4302 (11th Cir.) (97 F.3d 473) (October 10, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Core Concerns

U.S. v. Quinones, No. 95-4302 (11th Cir.) (97 F.3d 473) (October 10, 1996) (Per Curiam) by This is a rare case in which a conviction was reversed because the district court failed to inform the defendant of the nature of the charge to which he was pleading guilty, in violation …

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. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court reversed a gun conviction due to the failure of the district court adequately to notify the defendant of the nature of the charges to which he pleading guilty in violation …

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito) by Case held that the Constitution does not require that a defendant be provided with information concerning parole eligibility for a guilty plea to be knowingly and voluntarily made.

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. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph)

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

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

U.S. v. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph) by Case held that any error from district court's ignorance of linked or "wired" guilty plea, by which acceptance of plea was conditioned on co-defendant also pleading guilty, was harmless.

U.S. v. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph)

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

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

U.S. v. Hernandez, No. 93-3089 (D.C. Cir.) (79 F.3d 1193) (March 29, 1996) (Judge A. Raymond Randolph) by Case held that any error from district court's ignorance of linked or "wired" guilty plea, by which acceptance of plea was conditioned on co-defendant also pleading guilty, was harmless. The defendant in …