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U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon) by This is an important decision in which Judge Gershon held that a common provision of the Government’s “standard” proffer agreement that is used in the Eastern District of New York was so …

U.S. v. Mezzanatto, No. 93-1340 (U.S. Supreme Court) (513 U.S. 196; 115 S.Ct. 797) (January 18, 1995) (Justice Thomas)

Article • October 29, 2000

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Mezzanatto, No. 93-1340 (U.S. Supreme Court) (513 U.S. 196; 115 S.Ct. 797) (January 18, 1995) (Justice Thomas) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) and Fed.R.Evid. 410 are "presumptively waivable" and thus could be waived for purposes of impeachment or rebuttal - but decision did not …

U.S. v. Baird, No. 99-1305 (3rd Cir.) (218 F.3d 221) (June 26, 2000) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Baird, No. 99-1305 (3rd Cir.) (218 F.3d 221) (June 26, 2000) (Judge Joseph F. Jr. Weis) by This decision is noted for its detailed discussion of the scope and enforcement rights of a defendant under U.S.S.G. § 1B1.8. That provision, entitled “Use of Certain Information,” sets forth limits …

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett) by United States v. Ringis, 78 F.Supp.2d 905 (N.D.Iowa 1999) United States v. Clark, 79 F.Supp.2d 1066 (D.D.Iowa 1999) These two decisions, written by Judge Bennett (who is probably the country’s most prolific …

U.S. v. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 1999) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 1999) (Judge Mark W. Bennett) by Here the Court granted a downward departure to a defendant who was prosecuted in a district where the policy of the U.S. Attorney was not to grant cooperating defendants any use immunity …

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes) by Here the Court held that the district court erred by relying on immunized statements made pursuant to USSG § 1B1.8, even though the Government alleged the defendant had breached his earlier plea …

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook) by [Editor's Note: For another case in accord with this decision, see U.S. v. Burch, 156 F.3d 1315, 1320-22 (D.C. Cir. 1998). But see also U.S. v. Duffy, 133 F.Supp.2d 213, 216 (E.D.N.Y. …

U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella) by Here the Court rejected a constitutional challenge that the enormous disparity between sentences given to those who plead guilty versus those who go to trial constituted an impermissible "chilling" of the defendant's …

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote) by In this case, the defendant was charged with embezzlement from the U.S. Postal Service and related offenses. Prior to his indictment, the Government offered, in lieu of a criminal prosecution, to …

U.S. v. Burch, No. 97-3032 (D.C. Cir.) (156 F.3d 1315) (October 9, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Burch, No. 97-3032 (D.C. Cir.) (156 F.3d 1315) (October 9, 1998) (Judge Patricia M. Wald) by This decision addresses the gradual erosion of two important rules, namely, Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P. (herein collectively the "Rules"), which restrict - at least in …

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker) by Case held that statements provided to the Government that did not result in a cooperation agreement could be used to determine the defendant's offense level when defendant elected to pursue safety valve …

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson) by Court vacated defendant's sentence because district court improperly relied in statements made to the probation officer and included in the presentence report in violation of terms of plea agreement and U.S.S.G. …

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Case rejected claim that information disclosed to Probation Officer after he signed proffer agreement should have been excluded under § 1B1.8, holding it was "completely extraneous to information concerning the unlawful activities …

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio) by In this case the defendant claimed that the DEA agents' promises that cooperation would be helpful to him amounted to an agreement under U.S.S.G. § 1B1.8 that his statements would not be …

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter) by In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) protecting statements made during plea negotiations do not apply to statements made after the plea agreement was finalized. The defendant in this case was …

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Watkins, No. 95-3169 (10th Cir.) (85 F.3d 498) (June 7, 1996) (Judge Michael R. Murphy) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) protecting statements made during plea negotiations do not apply to statements made after the plea agreement was finalized. Although this case does not refer …