Search | Punch and Jurists

San Pedro v. U.S., No. 94-4979 (11th Cir.) (79 F.3d 1065) (April 9, 1996) (Judge David W. Dyer)

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

Filed under: Punch And Jurists, Authority to bind other Government agencies

San Pedro v. U.S., No. 94-4979 (11th Cir.) (79 F.3d 1065) (April 9, 1996) (Judge David W. Dyer) by The defendant in this case, a long time snitch, sought a writ of mandamus and a temporary restraining order seeking a declaration that the institution of deportation proceedings violated his plea …

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, Knowingly and Voluntarily Made

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. 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. Farley, No. 92-3127 (D.C. Cir.) (72 F.3d 158) (December 22, 1995) (Judge Karen LeCraft Henderson)

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

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

U.S. v. Farley, No. 92-3127 (D.C. Cir.) (72 F.3d 158) (December 22, 1995) (Judge Karen LeCraft Henderson) by In this case the defendant entered into a "wired" plea agreement, under which the defendant and his two co-defendants were told that none of them would receive the benefits of the Government's …

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam) by This habeas corpus case is noted because it highlights one of those notable myths about the Federal Sentencing Guidelines. In its Introduction to the Guidelines, the Sentencing Commission proudly proclaimed that the Guidelines would …

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan)

Article • December 1, 1995

Filed under: Punch And Jurists, Alford plea

U.S. v. Tunning, No. 95-5097 (6th Cir.) (69 F.3d 107) (November 3, 1995) (Judge James L. Ryan) by This is one of those interesting Rule 11 cases where the Court vacates a conviction because of a failure to comply strictly with the procedures laid down by Rule 11. The facts …

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker)

Article • August 1, 1995

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker) by Case held that district court improperly participated in plea bargaining process by commenting on the possible sentence the defendant would receive if convicted on all counts and it vacated sentence and remanded …

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 …

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock) 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 pleas must …

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 …

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker) by This case discusses the jaundiced meaning of what constitutes an "intelligent" guilty plea. The law has long held that for a plea to be intelligently made, the defendant must be aware of …

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed)

Article • December 1, 1994

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed) by In this case, the district judge failed to mention the possibility of a term of supervised release when accepting the plea. On appeal, the Court held: "Rule 11 still mandates that the …

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 …

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld)

Article • January 1, 1994

Filed under: Punch And Jurists, Authority to bind other Government agencies

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld) by