Punch and Jurists

U.S. v. MacPherson, No. 08-1829-cr (CON) (2nd Cir.) (590 F.3d 215) (December 30, 2009) (Per Curiam) by In this case, the defendant argued that the government violated a Pimentel-like non-binding plea agreement by advocating for a sentence higher than the estimate contained in the agreement. In the majority opinion, the …

U.S. v. Allen, No. 07 Cr. 235 (SAS) (S.D.N.Y.) (550 F.Supp.2d 494) (April 30, 2008) (Judge Shira A. Scheindlin) by In U.S. v. Pimentel, 932 F.2d 1029 (2nd Cir. May 2, 1991), the Second Circuit sharply criticized a plea-bargaining tactic used by many prosecutors that had the effect of sand-bagging, …

U.S. v. Pimentel, No. 90-1537 (2nd Cir.) (932 F.2d 1029) (May 2, 1991) (Judge James L. Oakes) by In this case, two defendants who had been arrested after trafficking one kilogram of cocaine were convicted of a narcotics conspiracy. According to § 2D1.4 of the November 1989 revision of the …