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U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour) by

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner) by Here the Court joined with a majority of the Circuits in holding that the failure to advise a defendant of his right to appeal in violation of old Rule 32(a)(2) [now 32(c)(5)] …

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs) by Case upheld a defendant's right to appeal from an order of restitution, even though he had signed a broad waiver of appeal rights, because the circumstances surrounding the plea did …

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Crouse, No. 95-1189 (6th Cir.) (78 F.3d 1097) (March 18, 1996) (Judge Danny J. Boggs) by Case held that "the law of the case doctrine does not directly apply to resentencing" and that sentencing issues may be revisited de novo on remand from the court of appeals (Id., …

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs) by Citing the general rule that a defendant's knowing and voluntary waiver of his right to appeal a sentence within an agreed guideline range is enforceable, the Court held that the …

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips) by Here the court reasoned that a restitution order which exceeded its authority under the VWPA is equivalent to an illegal sentence. The court then held that such a restitution order was …

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney)

Article • November 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney) by Court remanded case back to district court to determine whether defendant knowlingly agreed to waive rights to appeal sentence where the record was insufficient to support such knowledge.

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang)

Article • August 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang) by In this case the Court held that a defendant's waiver of his right to appeal was unenforceable because the district court's oral pronouncements at sentencing trumped the written plea agreement and because the …

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby)

Article • January 1, 1995

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby) by Exposed! We have always known that the Bureau of Prisons works hand in hand with the Department of Justice in limiting inmates' access to the courts. It is rare when a …

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé)

Article • January 1, 1994

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé) by Here, relying on an unpublished decision of another panel, the Court upheld the validity of a waiver of appeal that the defendant had signed; and dismissed the appeal he attempted to …

U.S. v. Langley, No. 93-5219 (4th Cir.) (62 F.3d 602) (August 14, 1995) (Judge Clyde H. Hamilton)

Article • January 1, 1994

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Langley, No. 93-5219 (4th Cir.) (62 F.3d 602) (August 14, 1995) (Judge Clyde H. Hamilton) by Here the en banc Court held that 18 U.S.C. § 922(g)(1) is not a strict liability crime and it made clear that a felon's possession of a firearm must be both voluntary …