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U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall)

Article • November 1, 2010

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall) by Defendant's drug trafficking sentence is affirmed in part where the district court properly found that defendant's motions seeking to force the government to recommend a downward departure were meritless because no plea …

U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse)

Article • September 1, 2010

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse) by Defendants' racketeering and drug conspiracy convictions are affirmed where: 1) there was no error in the district court's determination that defendants had suggested that a witness had fabricated his testimony in order …

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson) by In 1995, a Federal grand jury charged Eddie D. Smith, then a prison guard at the Federal Medical Center in Lexington, KY (“FMC”), with eight counts of sexual misconduct against four different …

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn) by The petitioner-inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2255, challenging his conviction for distribution of cocaine base. After the District Court denied the petition, the inmate …

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins) by Here the Court became the first Circuit to hold that a viable ineffective assistance claim can arise through counsel's alleged failure to effectively assist a defendant in cooperating with the government during …

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith) by In this case, the Court held that the district court's failure "to state in open court" (as required by 18 U.S.C. § 3553(c)) it reasons for imposing a 7-level upward departure (to …

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam) by Here the Court held that a defendant who pled nolo contendere to a sexual assault charge was not required to be told that he would have to admit his guilt as part of a …

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart) by This case initially caught our eye because it involved the imposition of a 151-month sentence on a 76-year old man who pled guilty to importing 110 bundles of marijuana (weighing 78 kilos) …

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss) by In this case, a divided panel held that that the trial court's failure to admonish the defendants of the nature of the charge, as required by Rule 11 of the Fed.R.Crim.P., …

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull) by Here the en banc Court rejected the defendants' contention that Apprendi invalidated their guilty pleas because the court did not advise them of all the elements of the offense and because the …

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain) by When the Federal Sentencing Guidelines were enacted into law in 1987, the Sentencing Commission made a number of grandiose promises about how the Guidelines could be counted on to produce “honesty in …

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler) by This case is noted for two reasons: First, the Second Circuit issued another one of those periodic choir calls for the “need to require strict adherence to the provisions of Fed.R.Crim.P. 11" …

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Hernandez, No. 99-50011 (5th Cir.) (234 F.3d 252) (November 20, 2000) (Per Curiam) by The court held that a plea was not rendered uninformed simply because the defendant was not told his state and federal sentences could run consecutively since to be intelligently made a defendant need only …

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski) by The issue addressed by the Court in this case was whether the defendant's conviction should be set aside because the district court failed to advise the defendant, at his plea allocution, of his …

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Fernandez, No. 98-1146 (7th Cir.) (205 F.3d 1020) (March 9, 2000) (Judge William J. Bauer) by Here, while acknowledging that Rule 11 does not require "literal compliance," a failure to advise the defendant that he faced a mandatory minimium sentence was error that was not harmless. In this …

Boria v. Keane, No. 95-2688 (2nd Cir.) (99 F.3d 492) (May 3, 1996) (Judge Whitman Knapp)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Boria v. Keane, No. 95-2688 (2nd Cir.) (99 F.3d 492) (May 3, 1996) (Judge Whitman Knapp) by Here the Court granted habeas relief in a case where the defendant was sentenced to 20 years, after rejecting a plea offer that would have given him 1 to 3 years, because counsel …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by One of the issues raised by the defendant was that the sentencing court erred when it failed to address him personally prior to imposing sentence as required by Rule 32 (c)( 3)(C) …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …