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U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Baker, No. 06-3115 (D.C. Cir.) (489 F.3d 366) (June 5, 2007) (Judge Janice Rogers Brown) by Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.

U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Lyons, No. 02-1364 (3rd Cir.) (2002 U.S. App. LEXIS 27373) (December 23, 2002) (Judge Edward R. Becker) by Although this is an “unpublished” decision (and therefore has limited precedential value), it is still noteworthy because it constitutes a rare example of an official reprimand from the Circuit Court …

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth) by Here the Court held that a guilty plea was not coerced (and did not violate the provisions of Rule 11(e)(1)) by the district judge's commitment, during plea negotiations, to sentence defendant at …

U.S. v. Markin, No. 99-3977 (6th Cir.) (263 F.3d 491) (August 17, 2001) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Markin, No. 99-3977 (6th Cir.) (263 F.3d 491) (August 17, 2001) (Judge Alice M. Batchelder) by Here the court held that the district court's presence during sentencing negotiations with repect to a defendant who had already pled guilty, while troubling, did not violate Rule 11(e) which prohibits court …

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz) by Here the Fifth Circuit vacated a conviction and sentence after the district court had improperly involved itself in plea discussions in violation of Fed.R.Crim.P. 11(e)(1) - and it sharply defined the permitted …

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Rodriguez, No. 98-41029 (5th Cir.) (197 F.3d 156) (November 24, 1999) (Judge Henry A. Politz) by Rule 11(e)(1) of the Fed.R.Crim.P. states that a court shall not participate in any plea agreement discussions. As set forth in the Advisory Committee Notes to that Rule, there are valid reasons …

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Kraus, No. 96-2645 (7th Cir.) (137 F.3d 447) (February 9, 1998) (Judge Ilana Diamond Rovner) by This case is noted because of its rather laborious discussion of the mandates of Rule 11(e)(1) of the Fed.R.Crim.P. that the court "shall not participate" in any plea negotiation discussions. The case …

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. 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. Miles, No. 92-9074 (5th Cir.) (10 F.3d 1135) (December 27, 1993) (Judge Rhesa Hawkins Barksdale)

Article • January 1, 1994

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Miles, No. 92-9074 (5th Cir.) (10 F.3d 1135) (December 27, 1993) (Judge Rhesa Hawkins Barksdale) by In this case the Fifth Circuit explained that the provisions of Fed.R.Crim/P. 11(e)(1) requires that judicial involvement in the plea negotiation process be limited limited to rejection of the agreement and an …