Punch and Jurists

U.S. v. Gordon, No. 04-6384 (10th Cir.) (480 F.3d 1205) (March 28, 2007) (Judge Paul J. Jr. Kelly) by Here the Court held (a) that a defendant who signed a waiver of appellate rights did not waive her right to challenge a restitution order which she claimed was unlawful under …

U.S. v. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay) by The defendant in this case pled guilty to three counts of a 13-count indictment, one of which was a charge that he violated 18 U.S.C. § 924(o). The plea agreement incorrectly stated …

Hughey v. U.S., No. 89-5691 (U.S. Supreme Court) (495 U.S. 411; 110 S.Ct. 1979) (May 21, 1990) (Justice Marshall) by In this case, the defendant pleaded guilty to one count in exchange for dismissal of all other charges. He did not admit to any conduct beyond the count of conviction. …

U.S. v. Whitman, No. 99-6086 (6th Cir.) (209 F.3d 619) (March 24, 2000) (Per Curiam) by Once again, the Sixth Circuit has affirmed its minority view among the Circuits that the provisions of U.S.S.G. § 3E1.1 are concerned “solely with whether a defendant admits or denies material conduct during her …

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 …